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concepts_principles_1993-92559c547e2b14c7.pdf
This research paper, authored by David Hunter, Julia Sommer, and Scott Vaughan, provides an introduction to the basic concepts and principles of international environmental law. It aims to assist policymakers in reconciling environmental protection with trade liberalization by detailing the legal frameworks surrounding sustainable development, the duty to cooperate, the duty to avoid environmental harm, and the duty to compensate for such harm.
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Document type: Research paper
frictions_tradeagreements_1992-6bef6ab41155664c.pdf
This research paper analyzes the legal and policy frictions between international trade agreements, primarily the General Agreement on Tariffs and Trade (GATT), and environmental protections. It examines how GATT principles—such as Most-Favored-Nation and National Treatment—often conflict with environmental measures, including those found in multilateral agreements like the Montreal Protocol and CITES. The authors discuss the implications of the Uruguay Round negotiations and propose options for reconciling trade and environmental goals under the framework of sustainable development.
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Document type: Research paper
iel_dfi_march98-f11400fcd1c049d2.pdf
This research paper examines the intersection of international environmental law and foreign direct investment (FDI), analyzing how emerging legal principles, multilateral treaties, and public financing standards influence private capital flows. It highlights the tension between global economic expansion and sustainable development, specifically addressing the risks of 'pollution havens' and the increasing trend of transnational environmental litigation against multinational corporations in their home country courts.
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Document type: Research paper
Transparency in 21st Century Fisheries Management: Options for Public Participation to Enhance Conservation and Management of International Fish Stocks
This research paper by the Center for International Environmental Law examines mechanisms for public participation and transparency in international fisheries management, specifically focusing on Regional Fisheries Management Organizations (RFMOs). Using the 'three pillars' of the Rio Declaration and Agenda 21—access to information, access to decision-making, and access to justice—the author analyzes how modern multilateral environmental agreements (MEAs) can serve as models for RFMOs to enhance legitimacy, improve decision-making, and ensure accountability.
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Document type: Research paper