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AMICUS CURIAE BRIEF TO THE APPELLATE BODY IN BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES
This amicus curiae brief, submitted by a coalition of NGOs including the Center for International Environmental Law (CIEL), supports the WTO Panel's finding that Brazil's import prohibition on retreaded tyres is necessary under Article XX(b) of the GATT. The brief argues that the Panel correctly identified the health and environmental risks associated with tyre waste accumulation and that the measure is capable of reducing these risks, emphasizing a life-cycle approach to environmental policy and the prerogative of member states to set their own levels of protection.
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Document type: Briefing
WTO DISPUTE SETTLEMENT: CURRENT ISSUES THE GMOS DISPUTE Interpreting WTO Law and the Relevance of Multilateral Environmental Agreements in EC-Biotech
This briefing by the Center for International Environmental Law (CIEL) analyzes the 2006 WTO panel reports in the EC-Biotech dispute, specifically focusing on the panel's refusal to integrate Multilateral Environmental Agreements (MEAs) into the interpretation of WTO law. The author argues that the panel's narrow interpretation of the Vienna Convention on the Law of Treaties deviates from previous Appellate Body jurisprudence, such as the US-Shrimp case, and undermines the principle of 'mutual supportiveness' between trade and environmental policies.
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Document type: Briefing
Situating the “Facilitative Mechanism” within the Current WTO Framework
This briefing by the Center for International Environmental Law analyzes proposals from the European Communities (EC) and the NAMA-11 group to establish a 'facilitative mechanism' for resolving non-tariff measures (NTMs) within the WTO. The author argues that such a mechanism would move the WTO away from its rules-based dispute settlement system toward a confidential, non-binding process focused solely on trade impacts, potentially undermining environmental and public health regulations and leaving developing countries vulnerable to power politics.
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Document type: Briefing
EC-Biotech: Overview and Analysis of the Panel's Interim Report
This briefing analyzes the February 7, 2006, interim report from a World Trade Organization (WTO) Dispute Settlement Panel regarding the EC-Biotech case, which found certain European Communities measures inconsistent with WTO rules.
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Document type: Briefing
Amicus Curiae Brief to the World Trade Organization: European Communities — Measures Affecting the Approval and Marketing of Biotech Products
This amicus curiae brief submitted to the World Trade Organization (WTO) argues for the importance of non-party technical advice and public participation in the dispute settlement process, specifically regarding the case 'European Communities — Measures Affecting the Approval and Marketing of Biotech Products (EC-Biotech)'.
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Document type: Briefing
European Communities – Measures Affecting the Approval and Marketing of Biotech Products (WT/DS/291, 292, and 293)
This document is a motion submitted on June 1, 2004, by a coalition of five non-profit organizations requesting that a WTO Panel accept an amicus curiae brief regarding the dispute 'European Communities – Measures Affecting the Approval and Marketing of Biotech Products'. The applicants seek to provide technical, scientific, and legal information concerning the uncertainties of genetically modified organisms (GMOs) and the application of the precautionary principle under international law and the SPS Agreement.
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Document type: Statement