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European Communities – Measures Affecting the Approval and Marketing of Biotech Products (WT/DS/291, 292, and 293)
A coalition of environmental and agricultural NGOs requested that the WTO Panel accept an amicus curiae brief to provide technical and legal expertise on the uncertainties of genetically modified organisms (GMOs) and the application of the precautionary principle under the SPS Agreement.
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Document type: Statement
Environmental Policy Integration: An Introduction
The document explores Environmental Policy Integration (EPI), defined as the integration of environmental objectives into non-environmental sector policies. It identifies a tension between 'rational' EPI (focused on efficiency and avoiding contradictions) and 'normative' EPI (which argues for 'principled priority' for the environment). The author categorizes the means of achieving EPI into normative factors (political leadership), organisational factors (overcoming sectoral compartmentalisation), and procedural factors (impact assessments and sector strategies). Using Sweden and the EU as primary examples, the paper notes that while legal and procedural frameworks are often established, translating these into substantive policy outputs remains a significant challenge.
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Document type: Research paper
Towards A Southern Agenda on International Investment
The document examines the history and current state of bilateral, regional, and multilateral investment agreements, concluding that the traditional model focuses too heavily on investor protection at the expense of host-state regulatory autonomy and sustainable development goals.
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Document type: Research paper
ISO Social Responsibility Standardization
The International Institute for Sustainable Development (IISD) argues that ISO must move beyond a 'business as usual' approach to develop social responsibility (SR) standards that support sustainable development. IISD emphasizes the need for a transparent, multi-stakeholder process that ensures meaningful participation from developing countries and the broader sustainable development community. Key recommendations include establishing a written understanding with the International Labour Organization (ILO) to avoid mandate overlaps, reviewing ISO's internal processes to increase stakeholder representation, and clarifying the specific objective of any proposed SR standard—whether it targets internal management or external audiences—before proceeding to a full membership vote.
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Document type: Briefing
Towards A Southern Agenda on Investment
The document analyzes the investment regimes of Argentina, Brazil, South Africa, Malaysia, and Thailand, highlighting that bilateral investment treaties (BITs) are not always necessary to attract FDI. It identifies systemic challenges, including the 'disorder' of overlapping international obligations, the lack of data on FDI's impact on poverty and sustainable development, and the tension between investor-state arbitration and domestic policy goals like Black Economic Empowerment in South Africa.
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Document type: Executive summary
Separate Comments on the U.S.-Morocco Free Trade Agreement
The Center for International Environmental Law (CIEL) argues that the U.S.-Morocco Free Trade Agreement's investment chapter grants foreign investors excessive rights that exceed those of domestic U.S. investors, violating the Trade Act of 2002. CIEL highlights the risks of the investor-state dispute mechanism, the lack of a general environmental exception, and the use of subjective standards like 'fair and equitable treatment' which could undermine public interest regulations and democratic governance.
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Document type: Statement
Sustainable Development: The Case of Energy in South Africa
The document assesses South Africa's energy sector, primarily its electricity supply industry (ESI), through the lens of sustainable development. It analyzes the transition of Eskom from a vertically integrated monopoly to a corporatized entity and the government's efforts to liberalize the market while maintaining social equity. Key findings highlight the environmental burden of coal-dependency, the success of national electrification programs in expanding access to the poor, and the necessity of restructuring the ESI to optimize future investment and integrate renewable energy sources.
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Document type: Report
New Views of Trade and Sustainable Development: Using Sen’s Conception of Development to Re-examine the Debates
The document critiques the common assumption that economic growth (GDP) is equivalent to development, proposing instead that development should be viewed as the expansion of individual freedoms and capabilities. It argues that trade liberalization only contributes to sustainable development when accompanied by strong domestic institutions—such as education, health, and environmental management—that provide the instrumental freedoms necessary for individuals to act as agents of change. The author suggests that WTO-mandated reforms should move away from 'cookie-cutter' strategies toward tailored packages that protect the policy space needed for developing countries to build these essential domestic institutions.
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Document type: Research paper
Sanitary and Phyto-Sanitary Barriers to Trade and its Impact on the Environment
The report examines the shrimp industry in Bangladesh, focusing on the tension between international food safety standards (SPS/HACCP) and sustainable production. It finds that while processing plants have complied with these standards, small-scale farmers lack the resources to do so, creating a risk that the industry will shift toward environmentally damaging intensive farming to reduce costs and risks. The author suggests that improving management and training for extensive farmers is a more sustainable alternative to intensification.
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Document type: Report
International Trade in Services and Sustainable Development: The Case of Tourism in South Africa
The report examines how the liberalization of tourism services in South Africa interacts with economic growth, social equity, and environmental conservation. It finds that while tourism is a significant employer and GDP contributor, the links between trade liberalization and sustainable development are indirect, primarily manifesting as increased foreign investment and overseas visitor arrivals. Through case studies of Phinda Game Reserve, Greater St Lucia Wetlands Park, and Amadiba Adventures, the document demonstrates that different ownership structures—private, government, and community—each offer distinct incentives for environmental preservation and community benefit, though institutional inertia and lack of coordination often hinder the potential of public-sector management.
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Document type: Report
Separate Comments of TEPAC Members on the U.S.-Central American Free Trade Agreement (CAFTA)
The authors argue that CAFTA's investment chapter grants foreign investors greater substantive rights than U.S. investors, violating the Trade Act of 2002. They specifically criticize the lack of an appellate review mechanism, the absence of a general environmental exception, and the use of subjective standards like "fair and equitable treatment" which they claim could undermine democratic governance and environmental protections.
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Document type: Statement
SUBMISSION OF NON-DISPUTING PARTIES
The document provides legal arguments to support the legitimacy of California's MTBE ban in the arbitration between Methanex Corporation and the United States. It contends that international law, including the precautionary principle and the right to potable water, mandates deference to government health and environmental regulations. The authors argue that foreseeable impacts on foreign investors or the existence of alternative measures do not prove discriminatory intent under NAFTA Chapter 11.
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Document type: Report
Separate Comments of TEPAC Members on the Investment Chapter of the U.S.- Australia Free Trade Agreement
The authors argue that while the U.S.-Australia FTA's lack of an investor-state dispute mechanism is positive, the substantive investment provisions still grant foreign investors rights exceeding those of domestic investors under U.S. law. They highlight risks to environmental regulation, the lack of a general environmental exception, and the subjective nature of 'fair and equitable treatment' standards.
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Document type: Statement
Use of Indicators in Policy Analysis Annotated Training Module
The document outlines how sustainability indicators function within the policy cycle—planning, implementation, evaluation, and adaptive learning—to move beyond mere data collection toward informed decision-making. It warns against the 'symbolic' or 'tactical' use of indicators and emphasizes that their success depends on integration into governance processes. Two primary case studies are presented: Canada's Agricultural Policy Framework (APF), which uses agri-environmental indicators (AEIs) and the Canadian Regional Agricultural Model (CRAM) to track goals for water, soil, air, and biodiversity; and the Energy Sustainability Gauge, a web-based tool developed with TERI in India to assess energy efficiency, security, access, and clean technology through a visual dashboard and a Policy Implementation Card (PIC).
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Document type: Guide
Oppose the Central American Free Trade Agreement (CAFTA) – Recently Released Text Falls Short on Environment
A coalition of environmental organizations urges the U.S. Congress to oppose CAFTA, asserting that its investor rules allow foreign companies to challenge environmental laws in international tribunals and that its environmental safeguards are insufficient to support sustainable development in Central America.
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Document type: Statement
Seeing the Light: Adapting to climate change with decentralized renewable energy in developing countries
The document explores the role of decentralized renewable energy (DRE) in enhancing adaptive capacity to climate change in developing countries. It posits that DRE provides a 'win-win' by addressing adaptation needs while reducing greenhouse gas emissions, particularly when integrated with the Clean Development Mechanism (CDM). The text details how DRE supports the Millennium Development Goals by improving health, education, and gender equality, and reducing poverty and environmental degradation. It references case studies from Argentina, Bangladesh, Brazil, Senegal, and Zimbabwe to illustrate these benefits.
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Document type: Report
FINAL REPORT: STANDARDS FOR SUSTAINABLE TRADE
The report assesses the capacity of developing countries in South America, South Asia, and Southern & Eastern Africa to comply with international trade standards. It argues that while regional cooperation in accreditation, early-warning systems, and awareness-raising can offset national institutional weaknesses, the WTO's TBT Agreement is often unrealistic for 'standards-takers' who lack the scientific and legal capacity to influence international standards or prove their inappropriateness. The report recommends integrating technical assistance needs into national development plans and establishing mediation mechanisms outside the formal WTO dispute process.
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Document type: Report
A los Ministros de Comercio
The Alliance for Responsible Trade (ART) warns Trade Ministers that proposed intellectual property rules in the Free Trade Area of the Americas (FTAA) could limit governments' ability to provide affordable essential medicines and undermine national sustainable development projects by exceeding TRIPS agreement standards. The coalition also calls for greater transparency in the negotiation process, requesting the publication of clear texts and the holding of national and regional public hearings to ensure substantive civil society dialogue.
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Document type: Statement
bit_comments_jan16041-044c0c833e72a2a6.pdf
The document argues that the draft model BIT lacks necessary obligations for investors and creates imbalanced 'investor-state' dispute settlement procedures that threaten public interest laws. The authors highlight failures to meet the 'no greater rights' standard, specifically regarding expropriation, minimum standards of treatment, and the definition of investment. They also criticize the lack of an appellate mechanism, the absence of a requirement to exhaust domestic remedies, and weak protections for the environment and labor rights.
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Document type: Statement
Prepatory Committee for UNCTAD XI Hearing Statement of Stephen Porter
Stephen Porter of CIEL argues that UNCTAD should critically assess the benefits of investor-protection regimes, support developing countries facing pressure in bilateral trade and investment negotiations, and more aggressively promote alternative energy and environmental impact assessments in its development models.
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Document type: Statement