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ip_ftaa_oct03-ef406ace35b142f9.pdf
The document examines how the draft FTAA IPR Chapter imposes standards exceeding the WTO's TRIPS Agreement, potentially hindering public health, food security, and technological development in the Americas by restricting compulsory licensing and expanding patent scopes.
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Document type: Report
ip_ftaa_spanish_oct03-c2230154137b2656.pdf
The research paper examines the impact of international intellectual property rights (IPR) standards on sustainable development, specifically focusing on the Draft Chapter on IPR within the Free Trade Area of the Americas (FTAA). It contends that while the WTO's TRIPS Agreement provides some flexibility, newer bilateral and regional agreements—including the FTAA—often implement 'TRIPS-plus' standards that exceed multilateral requirements. The author argues these stricter rules threaten public health, food security, and technological development in developing nations by restricting the use of compulsory licenses, extending patent terms, and limiting the ability of countries to define patentability for biological materials. Ultimately, the document asserts that the FTAA draft prioritizes the rights of knowledge producers over the public interest and sustainable development goals of the Americas.
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Document type: Research paper
INVESTMENT PROVISIONS IN THE KOREA FTA: A RADICAL SHIFT OF POWER TO FOREIGN INVESTORS
The report by the Center for International Environmental Law (CIEL) contends that the Korea-U.S. FTA violates the Trade Act of 2002 by providing foreign investors with greater substantive rights than U.S. investors. It specifically criticizes new expropriation tests, the classification of all contract rights as property rights, and the use of secretive investor-state dispute settlement mechanisms. CIEL warns that these provisions allow ad hoc arbitral tribunals to override good faith public interest regulations, particularly in emerging technology sectors like biotechnology and nanotechnology, while lacking a general environmental exception.
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Document type: Report
The Role of the World Bank in Strengthening Civil Society, Improving Governance, and Protecting Human Rights
The document examines the World Bank's historical reluctance to integrate non-economic factors—specifically governance, civil society, and human rights—into its development mission. It argues that the Bank's adherence to a strict interpretation of its Articles of Agreement leads to an ad hoc approach to governance and a failure to protect civil and political rights. While noting progress in 'mainstreaming' public participation and the creation of the Inspection Panel, the author contends that these efforts are often superficial or undermined by an institutional 'culture of approval' that prioritizes loan volume over project quality.
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Document type: Research paper
meas-cd04b4978f82578f.pdf
The document examines the relationship between the World Trade Organization (WTO) and Multilateral Environmental Agreements (MEAs), arguing that WTO negotiations should preserve MEAs as co-equal bodies of law. It suggests that the WTO's focus on 'least trade restrictive' measures may conflict with the core purpose of many MEAs, which is to regulate or restrict trade in hazardous materials or endangered species. To improve compatibility, the text proposes several practical steps, including sustainability assessments of trade rules, the transfer of environmentally sound technologies via the TRIPS Agreement, and increased coordination between national trade and environment officials. Ultimately, it calls for a multilateral process involving government and non-governmental organizations to ensure coherent international economic and environmental law.
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Document type: Briefing
Learning the Lessons from Chile’s Alto Maipo Hydroelectric Project
The Alto Maipo Hydroelectric Project in Chile, verified under the Kyoto Protocol's Clean Development Mechanism (CDM), is cited as a failure that violated multiple human rights and environmental standards. The project involves rerouting three tributaries of the Maipo River through tunnels in the Andes Mountains, which the document claims threatens the drinking water of 7 million people in the Santiago metropolitan area and risks reducing river flows by 60-90%. Specific violations include threats to the rights to a healthy environment, water, life, health, food, adequate housing, work, and cultural participation. The document recommends that the project be removed from the CDM list and its construction halted. It further urges COP25 negotiators to ensure that Article 6 of the Paris Agreement incorporates robust social and environmental safeguards and independent grievance mechanisms to prevent similar outcomes in future 'sustainable development' projects.
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Document type: Policy brief
INITIAL SUBMISSION OF VIEWS ON WORK STREAM I OF THE TRANSITIONAL COMMITTEE REGARDING ENVIRONMENTAL AND SOCIAL SAFEGUARDS
The Sierra Club and Center for International Environmental Law argue that country ownership and international environmental and social safeguards are complementary. They propose a five-part policy framework for the Green Climate Fund including alignment with international standards, transparency, protections for vulnerable groups, clear compliance requirements, and a comprehensive environmental management system.
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Document type: Statement
services-9fe8c12e3740f9f4.pdf
The briefing emphasizes the need for coherence between international trade rules and sustainable development. It highlights how various multilateral environmental agreements (MEAs) and UN agencies address the impacts of services trade on the environment, health, and human rights. The author contends that WTO Members should not conduct services negotiations in isolation but should instead employ transparent, comprehensive sustainability assessments—incorporating social and environmental metrics—before establishing new legally binding obligations under GATS.
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Document type: Briefing
Transparency in 21st Century Fisheries Management: Options for Public Participation to Enhance Conservation and Management of International Fish Stocks
The research paper argues that the effectiveness of international fisheries management depends on the support and input of non-governmental stakeholders. It analyzes the 'three pillars' of public participation—access to information, access to decision-making, and access to justice—as established by the Rio Declaration, Agenda 21, and the Aarhus Convention. The author compares the participatory practices of Rio-era conventions (Climate Change, Biological Diversity, and Desertification) with those of various RFMOs, such as the WCPOFC, NAFO, and ICCAT. The document concludes that broad NGO participation enhances decision-making quality and legitimacy, and recommends that RFMOs adopt open-access policies for meetings and documents to ensure sustainable resource management.
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Document type: Research paper
CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements
CIEL argues that WIPO's response to the CBD must recognize the CBD's leading role in biodiversity and focus on creating mandatory international rules to prevent the misappropriation of genetic resources. The document criticizes the first draft for failing to emphasize the prevention of intellectual property system misuse and for not sufficiently incorporating the views of developing countries and NGOs. CIEL suggests that equitable principles, such as the 'unclean hands' doctrine, should be used to justify mandatory disclosure requirements and sanctions for non-compliance to ensure that intellectual property rights do not reward inequitable conduct.
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Document type: Statement
PUBLIC PARTICIPATION IN THE INTERNATIONAL TRADING SYSTEM
The document provides a detailed breakdown of how WTO documents are restricted or derestricted, categorizing them into automatic, scheduled, and unscheduled processes. It argues that the current system allows members to keep politically sensitive documents secret indefinitely and ensures that information is only released after policy decisions are finalized. The authors recommend a shift toward a presumption of immediate public availability, except for proprietary or national security information, and propose a formal agreement to grant NGOs and individuals the right to participate in WTO meetings and dispute settlement procedures.
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Document type: Guide
A HANDBOOK FOR OBTAINING DOCUMENTS FROM THE WORLD TRADE ORGANIZATION
The document outlines the processes for accessing WTO documents, distinguishing between those that are automatically derestricted and those requiring Member intervention. It argues that current transparency levels are insufficient for meaningful public participation in sustainable development and recommends that the WTO adopt a case-by-case restriction policy based on specific criteria. The guide provides practical steps for NGOs to influence policy through national governments and lists specific WTO contact personnel for document requests.
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Document type: Guide
As the World Burns: Negotiating the Framework Convention on Climate Change
The document analyzes the 1992 Framework Convention on Climate Change, detailing the scientific consensus on global warming and the diplomatic tensions between industrialized and developing nations during its creation. It highlights the lack of binding emissions targets and the complexities of the financial mechanism and technology transfer.
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Document type: Research paper
Natural Resource Subsidies, Trade and Environment: The Cases of Forests and Fisheries
The paper argues that natural resource subsidies—direct, indirect, and implicit—lead to overcapitalization, technological inefficiency, and overconsumption, resulting in severe environmental damage. Using forests and fisheries as case studies, it demonstrates how low rent capture and fleet modernization subsidies drive deforestation and stock depletion. The author suggests that international bodies, particularly APEC's Economic Committee, should adopt 'full-cost pricing' and the 'User-Pays Principle' to internalize environmental externalities and ensure sustainable resource management.
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Document type: Research paper
UNEP Compendium On Human Rights and the Environment
The UNEP Compendium documents the intersection of human rights and environmental law through a curated selection of global and regional instruments and judicial decisions. It analyzes how substantive rights (such as the rights to life, health, and property) and procedural rights (access to information, public participation, and access to justice) are used to address environmental degradation. The document highlights the 'greening' of human rights law, where tribunals increasingly interpret existing rights to encompass environmental protections, particularly for indigenous peoples and marginalized groups. It also details state obligations regarding industrial pollution and natural resource extraction, emphasizing duties of prevention, regulation, and the requirement for free, prior, and informed consent (FPIC) for indigenous communities.
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Document type: Report
EU Environmental Governance
The paper examines the history and current state of EU environmental governance, detailing the roles of the Commission, Parliament, Council, and Court of Justice. It highlights a systemic failure in the enforcement of environmental law by Member States and the Commission, noting that economic interests frequently override environmental concerns. The author argues that the EU's 'good governance' principles of openness and participation are poorly implemented, leaving environmental NGOs with limited influence and citizens with minimal access to justice. While the EU has a comprehensive body of legislation, the author concludes that the lack of political will makes much of it a 'paper tiger'.
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Document type: Research paper
Giving a voice to the environment by challenging the practice of integrating environmental requirements into other EU policies
The author contends that the requirement to integrate environmental protection into EU policies is a binding objective, not a mere principle, and is essential for achieving sustainable development. The paper argues that EU institutions have largely abandoned governance mechanisms intended to operationalize this integration, such as the 'Cardiff process'. To remedy this, the author proposes that citizens and civil society use their fundamental right of access to environmental information (via the Aarhus Convention) to force EU bodies to explain and justify how specific legislative acts and policies ensure a high level of environmental protection and improvement.
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Document type: Research paper
MINERALS AND MINING POLICY OF GHANA
The Minerals and Mining Policy of Ghana outlines a strategic framework to balance mineral exploitation with sustainable economic, social, and environmental development. It details the transition from state-controlled mining (1957-1983) to a privatized sector, emphasizing the need to diversify the mineral base beyond gold, diamonds, manganese, and bauxite. The policy sets objectives to enhance local value addition, improve geo-scientific data, and support artisanal and small-scale mining, which is reserved for Ghanaian citizens. It establishes regulatory roles for agencies like the Minerals Commission and the Environmental Protection Agency, while committing to international climate goals, including the UNFCCC. Fiscal policies aim for a transparent regime that balances investor attraction with the optimization of government revenue, while social policies focus on community participation, sustainable livelihoods for displaced persons, and the prevention of child labour.
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Document type: Report
Just Transition Planning Masterclass Summary Report
The Just Transition Planning Masterclass provided a platform for stakeholders from Kenya, Ghana, Namibia, and Uganda to explore how to manage the socio-economic disruptions of sustainable development transitions. The program combined webinars and an in-person workshop in Nairobi to discuss the definition of a 'just transition', the role of standalone frameworks versus integrated policies, and the impact of colonial resource extraction on current fiscal and governance capacities. Key findings highlight significant barriers to implementation, including a lack of disaggregated data for impact analysis, difficulties in accounting for the informal economy, and limited funding for the social components of transition, such as stakeholder dialogue and re-skilling. The report concludes with a set of best practices for developing holistic impact understandings, enabling participatory decision-making, and ensuring policy cohesion through co-created justice indicators.
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Document type: Report
Biotecnologia da Biodiversidade: Desafios Regulatórios e Institucionais
The report analyzes the intersection of biotechnology, biodiversity, and bioeconomy in Brazil, arguing that while the country possesses immense biological potential, a complex and unpredictable regulatory environment—specifically the Access and Benefit-Sharing (ABS) framework—stifles innovation. It highlights that the SisGen system is cumbersome, benefit-sharing mechanisms are underperforming, and institutional fragmentation across ministries hinders a cohesive national strategy. The authors advocate for the explicit inclusion of 'biodiversity biotechnology' in the PNDBio to transform biological assets into sustainable economic value, especially in the Amazon.
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Document type: Report