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ciel_brief_deep-trouble-the-risks-of-offshore-carbon-capture-and-storage_june2023-12245f6fc55d6793.pdf
This policy brief by the Center for International Environmental Law (CIEL) argues that offshore carbon capture and storage (CCS) is an unproven and risky strategy that delays the transition from fossil fuels. It highlights that proposed projects in areas like the Gulf of Mexico and North Sea face significant leakage risks due to legacy oil and gas wellbores and a history of poor offshore infrastructure monitoring. The document asserts that CCS often fails to meet emission reduction targets, frequently serves enhanced oil recovery, and relies on public subsidies that divert funds from renewable energy.
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Document type: Policy brief
EFFECTIVENESS OF TRADE & POSITIVE MEASURES IN MULTILATERAL ENVIRONMENTAL AGREEMENTS: LESSONS FROM THE MONTREAL PROTOCOL
This report by the Center for International Environmental Law, prepared for the United Nations Environment Programme, evaluates the effectiveness of trade and positive measures within the Montreal Protocol. It analyzes how these mechanisms—ranging from import/export bans on ozone-depleting substances (ODS) to financial assistance for developing nations—have driven near-universal ratification and compliance to reduce global emissions of controlled substances.
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Document type: Report
Human Rights Impacts of Mercury Pollution
This report by the Center for International Environmental Law examines the intersection of mercury pollution and human rights, detailing the neurotoxic effects of various forms of mercury and how these impacts violate the rights to life, health, food, and information, particularly for children and workers in artisanal mining.
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Document type: Report
La contaminación por mercurio y los derechos humanos
This report by the Center for International Environmental Law examines the adverse health effects of mercury pollution and its implications for fundamental human rights, including the rights to life, health, food, and information. It highlights the vulnerability of children and fetuses, the impact of artisanal and small-scale gold mining (ASGM), and specific historical disasters such as the Minamata event.
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Document type: Report
Human Rights Committee (CCPR)
This briefing note reviews the 2023 activities of the Human Rights Committee (CCPR) regarding climate change, noting its inclusion of the topic in two Concluding Observations (COB) and two List of Issues (LOIs).
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Document type: Briefing
Life Patenting Proposals in the Draft FTAA Chapter on Intellectual Property Rights
The Institute for Agriculture and Trade Policy critiques the draft IPR chapter of the FTAA, noting that it fails to prohibit patents on life and includes proposals that tighten TRIPs standards. The statement highlights the removal of language regarding technology transfer and transparency, and notes the US push for UPOV implementation for plant patents.
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Document type: Statement
iprights-16495bb85cf19bbd.pdf
This policy brief examines the conflict between international intellectual property (IP) rights and the protection of traditional knowledge and biological resources. It argues that the TRIPS Agreement fails to recognize traditional knowledge, contrasting it with the Convention on Biological Diversity (CBD), and advocates for the amendment of IP agreements to require disclosure of origin and benefit-sharing.
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Document type: Policy brief
The World Bank's New Inspection Panel: Will It Increase the Bank's Accountability?
This research paper by the Center for International Environmental Law and the International Rivers Network analyzes the establishment of the World Bank's Inspection Panel on September 21, 1993. The authors evaluate whether this new mechanism for citizens and NGOs to request investigations into Bank-funded projects truly increases accountability, highlighting concerns regarding the panel's independence from Bank leadership and its lack of public transparency.
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Document type: Research paper
lending_credibility_1996-018f62794adb12eb.pdf
This research paper by the Center for International Environmental Law examines the World Bank's approach to governance, civil society, and human rights. It argues that the Bank's adherence to a narrow economic view of development, rooted in its Articles of Agreement, has led it to treat these critical social and political factors as mere instrumentalities for project goals rather than essential components of sustainable development.
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Document type: Research paper
DERECHOS HUMANOS Y AMBIENTE: DESAFÍOS PARA EL SISTEMA INTERAMERICANO DE DERECHOS HUMANOS
This research paper examines the conceptual and legal intersections between international human rights law and international environmental law, focusing on the Inter-American System of Human Rights. The author argues that while the two regimes historically differed in approach—human rights being anthropocentric and environmental law oscillating between anthropocentric and biocentric—they are increasingly integrated. The document analyzes how human rights tools, such as precautionary measures and state responsibility for the acts of third parties, are used to protect environmental rights and reviews regional jurisprudence from the Inter-American, African, and European systems to illustrate the environmental dimensions of the rights to life, property, and information.
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Document type: Research paper
El párrafo 19 de la Declaración de Doha hacia Hong Kong: ¿Un paso adelante para el respaldo mutuo entre el Acuerdo sobre los ADPIC y el Convention sobre la Diversidad Biológica?
This research paper examines the push by developing countries to incorporate a mandatory disclosure of origin for biological resources and traditional knowledge into the TRIPS Agreement. This effort aims to prevent the misappropriation of genetic resources and ensure compatibility with the Convention on Biological Diversity (CDB). While there is growing consensus among many developing nations and some support from the European Union and Switzerland, opposition remains from the United States and Japan.
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Document type: Research paper
susdev_ip_envimpact_june1991-55b198b5236bfc7a.pdf
This research paper examines the intersection of international intellectual property (IP) rights, global trade, economic development, and environmental protection. It analyzes how IP regimes—specifically patents, copyrights, and trademarks—impact the transfer of environmentally sound technologies and the conservation of biological diversity, focusing on the tensions between industrialized nations (led by the US) and developing countries within frameworks like GATT, NAFTA, and the UN Conference on Environment and Development (UNCED).
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Document type: Research paper
tenurialrights_1994-5611bdd8e5f09885.pdf
This report chapter argues that secure tenurial rights are a fundamental prerequisite for successful community-based conservation (CBC). It contrasts the failures of state-owned 'public' tenure—which often leads to 'open access' degradation—with the effectiveness of community-based systems that derive legitimacy from local participants. The authors advocate for the state recognition of community perimeters to protect biodiversity and prevent the disenfranchisement of rural populations by domestic and international elites.
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Document type: Report
unagu-aparacuidadanos_nov1997-6386c81c4252b2cc.pdf
This guide, published by the Center for International Environmental Law (CIEL) in November 1997, provides instructions for citizens on how to utilize the World Bank's Inspection Panel. It explains the Panel's role as an independent mechanism to hold the World Bank accountable for violations of its own operational policies and procedures, particularly regarding social and environmental impacts.
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Document type: Guide
Reform Options for ISDS
This briefing by the Center for International Environmental Law outlines several reform options for Investor-State Dispute Settlement (ISDS) to be considered by UNCITRAL Working Group III. The document argues that current ISDS mechanisms are asymmetrical, often ignoring state obligations and public interest, and proposes alternatives such as multilateral treaty termination, the allowance of state counterclaims, public interest carve-outs, 'clean hands' clauses for investors, the requirement to exhaust local remedies, and expanded third-party access to proceedings.
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Document type: Briefing
WEBCASTING JUDICIAL PROCEEDINGS: CAUSES, BENEFITS AND CONCERNS
This briefing by the Center for International Environmental Law examines the adoption of webcasting in judicial proceedings, detailing the motivations for its use, the benefits it provides, and the associated technical and financial concerns. It specifically highlights the lag in webcasting adoption within international economic dispute settlement bodies compared to other domestic and international courts.
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Document type: Briefing
THE WHO & INTELLECTUAL PROPERTY IN BILATERAL FREE TRADE AGREEMENTS
This statement from the Center for International Environmental Law argues that the World Health Organization (WHO) must actively analyze and intervene in the intellectual property (IP) provisions of bilateral and regional free trade agreements (FTAs). The document asserts that these agreements often impose standards that exceed the TRIPS Agreement, potentially undermining the Doha Declaration on TRIPS and Public Health and restricting access to affordable medicines in developing countries.
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Document type: Statement
CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements
The Center for International Environmental Law (CIEL) provides observations on the first draft of the World Intellectual Property Organization's (WIPO) response to a request from the Convention on Biological Diversity (CBD). CIEL argues that WIPO must recognize the CBD's leading role in biodiversity issues and ensure that international intellectual property rules are modified to prevent the misappropriation of genetic resources and traditional knowledge through mandatory disclosure requirements.
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Document type: Statement
3c4d222a-da6d-4ffb-8387-69a7bdaf7e2a-04aeb175f8844c18.pdf
This guide by the Climate Bonds Initiative provides a regulatory and operational framework for foreign entities wishing to issue Green Panda Bonds—RMB-denominated bonds issued in mainland China with proceeds dedicated to green assets or projects.
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Document type: Guide
COP22 Finanzas Verdes: Hacia dónde va el mercado de bonos verdes
This briefing by the Climate Bonds Initiative, produced for COP22, analyzes the growth and governance of the green bond market. It highlights the shift toward private sector issuance, the increasing role of emerging markets like China, and the necessity of reaching USD 1 trillion in annual green emissions by 2020 to support Nationally Determined Contributions (NDCs) under the Paris Agreement.
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Document type: Briefing