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waterbrief_3sept03-cea9e17021844213.pdf
The briefing examines how the push for water privatization by the World Bank and IMF, alongside the constraints of Bilateral Investment Treaties (BITs) and the General Agreement on Trade in Services (GATS), undermines the ability of national governments to protect access to water as a human right. It highlights the 'lock-in' effect of these international legal frameworks, which can penalize states for adopting social or environmental regulations. The document recommends that governments carefully assess the impact of these agreements on marginalized populations and explicitly exclude sensitive sectors like water from trade commitments to ensure sustainable development.
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Document type: Briefing
Sanitary and Phyto-Sanitary Barriers to Trade and its Impact on the Environment
The report examines the shrimp industry in Bangladesh, noting that while shrimp is the second largest export, the sector faces crises due to production inefficiencies and the difficulty of implementing HACCP standards on small farms. It warns that a trend toward intensive farming threatens rural social fabrics and recommends training, better liaison between farmers and processors, and multi-stakeholder dialogue to achieve environmental sustainability.
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Document type: Executive summary
International Legal Framework on Foreign Investment
The document examines the proliferation of bilateral and regional investment treaties, highlighting how they limit the ability of host states to regulate for public health and the environment. It critiques the investor-to-state dispute settlement mechanism for its lack of transparency and the use of 'indirect expropriation' claims to challenge environmental laws. The author recommends that new governance principles for foreign direct investment in hazardous activities ensure public transparency in arbitration, public consultation on host government agreements, and a commitment by companies to abide by evolving environmental and health legislation.
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Document type: Briefing
Civil Society Declaration Calling for No Investment Negotiations at the World Trade Organization
The document is a joint statement by various civil society organizations arguing against the inclusion of investment and other 'Singapore Issues' in WTO negotiations. The signatories claim that previous multilateral investment attempts, such as the Multilateral Agreement on Investment (MAI), focused excessively on investor protections while neglecting poverty reduction and corporate accountability. They argue that current investor protection rules in NAFTA and bilateral agreements are used to challenge essential government actions for sustainable development. The declaration asserts that there is little empirical evidence that such rules increase investment quality or quantity and that the WTO is an inappropriate forum for these talks, as it should instead focus on reforms and issues critical to developing countries.
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Document type: Statement
Over Sixty Civil Society Organizations Call for Greater Transparency and Public Participation in President Bush's Central American Free Trade Area Negotiations
Over sixty civil society organizations have called on President George Bush to extend the deadline for the Central America Free Trade Agreement (CAFTA) negotiations to allow for meaningful public participation and transparency. The organizations argue that current negotiations exclude civil society representatives outside the business sector and that the failure to publish negotiating texts hinders democratic input. They specifically express concern that labor issues will be addressed in May 2003 without input from Central American labor unions, and highlight potential threats to agriculture, sustainable development, worker rights, and access to medicines.
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Document type: Statement
Failing the challenge
The report 'Failing the Challenge' by Friends of the Earth International criticizes Shell for prioritizing short-term profits over human rights and environmental protection. It documents a pattern of pollution, health crises, and human rights abuses across several countries, including Nigeria, South Africa, the US, and the Philippines. The authors argue that Shell engages in 'greenwashing' by using PR to mask its continued expansion of fossil fuel production and its failure to hold itself accountable for local damages. The report calls for changes to UK company law to ensure corporations are legally responsible for their global impacts.
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Document type: Report
Informe de la 18a Reunión del Comité Asesor Científico (SAC)
The 18th SAC meeting focused on reviewing the IAI's scientific agenda, managing Core Research Network (CRN) projects, and planning future funding calls. Key outcomes included the formation of working groups to rewrite the scientific agenda, the recommendation of a new Small Grants Program (SGP) with a US $600,000 budget, and the appointment of Walter Fernández as the new SAC President. The committee also discussed collaborations with the Asia-Pacific Network for Global Change Research (APN) and the International Geosphere-Biosphere Programme (IGBP).
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Document type: Report
A Cotonou Investment Agreement
The document proposes a comprehensive Cotonou Investment Agreement to replace existing bilateral investment treaties (BITs) and better align foreign direct investment with the sustainable development goals of the Cotonou Partnership Agreement (CPA). It argues that current international investment agreements focus too narrowly on investor protection and lack empirical evidence of benefiting developing countries. The proposed agreement would balance investor rights with host state obligations and public goods, incorporating principles of legitimacy, transparency, and accountability. Key recommendations include the establishment of an Observatory for ACP Investment to monitor results, a Cotonou Investment Fund to support small and medium enterprises, and the use of regional institutions to manage environmental reviews and competition authorities. The author emphasizes the need for a dispute settlement mechanism that requires the exhaustion of domestic remedies and shows deference to public policy goals, moving away from current models like ICSID or UNCITRAL.
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Document type: Report
A Road Map for Cotonou Investment Negotiations
The report argues that international investment agreements do not automatically generate economic benefits and proposes a new approach for the Cotonou Partnership. It advocates for an agreement based on the balance between investor rights and public goods, the distinction between pre- and post-establishment rights, and the creation of a Cotonou Investment Fund. The author emphasizes the need for a transparent, legitimate international dispute settlement mechanism to replace existing systems like ICSID and UNCITRAL, and suggests replacing heterogeneous bilateral investment treaties with a single unified agreement.
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Document type: Report
Investment, Doha and the WTO
The document examines the potential for a WTO investment agreement following the Doha Ministerial Statement. It critiques the 'commercial model' of investor-state dispute settlement seen in NAFTA Chapter 11 and over 2,100 bilateral investment treaties (BITs), noting a lack of transparency and a tendency to prioritize investor rights over public welfare regulations. The author argues that the WTO may lack the institutional capacity to manage the complex domestic institution-building required for sustainable investment. Instead of traditional investor-centric models, the paper proposes a new framework that balances the rights of investors with the obligations of home and host states to uphold environmental and social standards.
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Document type: Briefing
NO INVESTMENT NEGOTIATIONS AT THE WTO Declaration of Non Governmental Groups and Civil Society Movements
The document is a formal declaration by a broad coalition of non-governmental organizations and civil society movements opposing the inclusion of investment and other 'Singapore Issues' in WTO negotiations. The signatories argue that previous multilateral investment attempts, such as the Multilateral Agreement on Investment (MAI), focused excessively on investor protections while neglecting poverty reduction, sustainable development, and corporate accountability. They contend that current investor protection rules in NAFTA and bilateral agreements are used to challenge essential governmental actions, and that there is little empirical evidence that such rules increase the quality or amount of investment flows. The declaration asserts that the WTO is the wrong forum for these talks and that adding these issues would hinder necessary reforms and impose rules that developing countries cannot afford.
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Document type: Statement
waterbrief_mar03-291ad38b91590838.pdf
The document argues that the synergy between World Bank and IMF conditionalities, investment treaties, and WTO agreements creates a 'lock-in' effect that forces the privatization of water services. This process often undermines the human right to water, as legally binding international obligations can penalize governments that attempt to implement social or environmental regulations, such as water price caps, to protect vulnerable populations.
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Document type: Policy brief
Separate Comments of TEPAC Members
The authors argue that the U.S.-Chile and U.S.-Singapore FTAs grant foreign investors substantive rights exceeding those of domestic investors under U.S. law, particularly regarding expropriation and minimum standard of treatment. They highlight the lack of a general environmental exception in the investment chapters and express concern that the investor-state dispute mechanism undermines the rule of law and national security while lacking citizen enforcement mechanisms.
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Document type: Statement
Doha Mandate
The document outlines the ongoing negotiations within the WTO's Negotiating Group on Market Access to reduce industrial tariffs and non-tariff barriers. It details various proposed 'modalities'—including formula-based, sectoral, and request-offer approaches—and highlights the tension between developed nations seeking broad liberalization and developing nations concerned about revenue loss, de-industrialization, and the impact of tariff peaks and escalation. Specific focus is given to the EU's flexible approach, the US's zero-tariff proposal, and the emerging discussions on environmental goods.
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Document type: Briefing
Developments Since the Fourth WTO Ministerial Conference Doha Mandates
The document reviews the status of 'implementation issues' following the Doha Ministerial Declaration, noting a fundamental disagreement over whether these issues are subject to negotiation or mere discussion. It details a pattern of missed deadlines and a lack of consensus across several key areas, including textiles, anti-dumping measures, and subsidies, where developing countries seek to rectify perceived imbalances from the Uruguay Round without making further trade-offs.
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Document type: Briefing
Developments Since the Fourth WTO Ministerial Conference
The document details the failure of the WTO Committee on Trade and Development (CTD) to meet three consecutive deadlines for strengthening special and differential treatment (S&D) provisions. It highlights a fundamental divide: developing countries seek to make non-binding S&D provisions mandatory to ensure effective implementation, while developed countries argue that such changes require new negotiations and trade-offs. The briefing also describes disagreements over whether to prioritize agreement-specific proposals or cross-cutting principles like 'graduation' and 'differentiation', and the conflicting visions for a proposed S&D monitoring mechanism.
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Document type: Briefing
Developments Since the Fourth WTO Ministerial Conference Doha Mandates
The document details the early stages of the Doha Round negotiations on WTO rules, highlighting the friction between developed and developing nations over trade remedies and subsidies. It examines specific proposals to reform anti-dumping procedures, the debate over the 'safe harbour' of OECD export credit standards, and the contentious issue of fisheries subsidies. Additionally, it outlines the effort to balance the proliferation of regional trade agreements with multilateralism, noting a lack of consensus on key definitions and the developmental impact of such agreements.
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Document type: Briefing
Developments Since the Fourth WTO Ministerial Conference
The document details the status of the Doha Ministerial Declaration's mandates on the relationship between WTO rules and multilateral environmental agreements (MEAs), the liberalisation of environmental goods and services, and the integration of sustainable development into trade negotiations. It highlights significant deadlocks, including the observer status of MEA secretariats due to geopolitical conflicts and disagreements over the definition of environmental goods, particularly regarding process and production method (PPM) criteria.
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Document type: Briefing
Developments Since the Fourth WTO Ministerial Conference Doha Mandates
The document examines the WTO's efforts to provide technical assistance (TA) and capacity-building (CB) to developing and least-developed countries (LDCs) following the Doha Ministerial Declaration. It details the 2003 Technical Assistance Plan, which aims to move away from ad hoc seminars toward systematic capacity-building, and discusses the role of the Doha Development Agenda Global Trust Fund. The briefing highlights the Integrated Framework as a key model for LDCs but notes criticisms regarding institutional coordination and the need for TA to be better integrated into national development strategies.
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Document type: Briefing
International agua con justicia para todos resistencia mundial y local contra el control empresarial y la mercantilización del agua
The document examines the global trend of water privatization, highlighting how the World Bank and IMF pressure developing nations to privatize water services as a condition for loans. It details the dominance of French multinationals Suez and Vivendi, and the impact of trade agreements like GATS on water access. Through case studies from Bolivia, Malaysia, Indonesia, and other regions, it documents tariff increases, environmental degradation, and social resistance, while proposing community-based management and 'soft path' alternatives to corporate control.
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Document type: Report