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Experiencias de ordenamiento territorial de Iberoamérica
The study examines administrative management levels and regulations regarding land-use planning in Argentina, Brazil, Spain, Mexico, and Uruguay, noting significant diversity in instruments and legal frameworks. Spain is identified as having the most extensive experience and regulation due to its national history and membership in the European Community. In the Americas, Mexico and Brazil are noted as pioneers in creating land-use planning norms and plans, while Spain and Argentina are highlighted for their experiences in rural land-use planning.
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Document type: Research paper
Economic Partnership Agreements and Intellectual Property Rights Protection: Challenges for the Southern African Development Community Region
The document examines the risks of 'TRIPS-plus' intellectual property standards being imposed on SADC countries through EPAs, using the CARIFORUM EPA as a model. It highlights concerns regarding digital copyright, geographical indications, and stringent enforcement mechanisms that may hinder development and public access to knowledge.
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Document type: Research paper
Planeta Verde Brazil – Measures Affecting Imports of Retreaded Tyres (WT/DS332)
The document supports Brazil's measures against retreaded tyre imports, emphasizing that such trade shifts waste problems from developed to developing nations. It advocates for a 'life-cycle approach' to assess environmental burdens and links the ban to obligations under the Basel and Stockholm Conventions, as well as the right to health under international human rights law.
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Document type: Briefing
The right to water and trade in services
The document argues that the human right to water requires states to maintain regulatory autonomy and flexibility, which may conflict with the trade liberalization goals of the WTO's GATS. It specifically examines how market access commitments, national treatment obligations, and proposed disciplines on domestic regulation could restrict a government's ability to use public monopolies, implement universal service obligations, or maintain environmental zoning and quality standards. The authors propose a 'progressive approach' where trade law is interpreted in deference to national regulatory autonomy to ensure that basic services are not left to the 'whim of markets'.
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Document type: Research paper
Necessity and Proportionality in the WTO
The document argues that shifting from a strict 'necessity' test to a 'proportionality' test in WTO dispute settlements would transfer the power to balance trade interests against public policy goals from domestic democratic institutions to WTO panels and the Appellate Body. It specifically warns that proposed changes to the General Agreement on Trade in Services (GATS) could allow the WTO to outlaw domestic measures it deems 'out of balance' with their objectives, potentially undermining protections for the environment, human health, and consumers.
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Document type: Research paper
Non-Trade Concerns in the Agricultural Negotiations of the World Trade Organization
The document analyzes the conflict between developed and developing nations regarding 'non-trade concerns' (NTCs) in WTO agricultural negotiations. It details the 'Green Box' of allowed support measures and outlines three primary negotiating positions: those seeking expanded flexibility for multifunctional agriculture, those pushing for strict liberalization to prevent trade distortion, and developing nations seeking a 'Development Box' to protect food security and rural poverty alleviation.
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Document type: Briefing
The General Agreement on Trade in Services (GATS) and future GATS-Negotiations – Implications for Environmental Policy Makers
The report examines how the GATS, as both a trade and investment agreement, may constrain national environmental policies through its broad scope and non-discrimination obligations. It highlights risks associated with the 'market access' and 'national treatment' phases, the potential for 'de facto' discrimination to invalidate neutral environmental rules, and the dangers of introducing a 'necessity test' for domestic regulations. The authors argue that the GATS environmental exception (Article XIV) is significantly weaker than the GATT equivalent and call for its expansion. Key recommendations include conducting comprehensive Sustainability Impact Assessments, excluding 'public services' like water and energy from liberalization, and ensuring that environmental protection is explicitly recognized as a legitimate policy objective in all future disciplines.
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Document type: Report
PLATANERA RIO SIXAOLA, S.A.
Platanera Rio Sixaola S.A., the first banana plantation to receive Eco-O.K. certification, faced significant financial losses in 1994, with production costs of $7.22 per box exceeding revenues of $5.32. Despite implementing standards more stringent than the Rainforest Alliance's Eco-O.K. requirements—such as avoiding chemical fertilizers and herbicides—the company struggled to differentiate its product from the 'Big Three' (Chiquita, Dole, and Del Monte) who dominate 70% of the global market. The company's efforts were further complicated by European Community import quotas on Latin American bananas, which raised retail prices in Germany but limited supply. To achieve profitability, the owner, Volker Ribniger, explored options including the introduction of a Black Sigatoka-resistant banana strain, personal branding, and agritourism.
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Document type: Case study
A COMPARISON OF SIX ENVIRONMENTAL IMPACT ASSESSMENT REGIMES
The document provides a detailed comparative analysis of six EIA regimes, examining how they determine which activities require assessment, who conducts and pays for the studies, the timing of the process, scoping requirements, the types of impacts considered, the evaluation of alternatives, mitigation measures, review processes, final decision-making, post-decision monitoring, and the extent of public participation.
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Document type: Research paper
ec_biotech_05may05-b5d04eb6c15eba31.pdf
The document examines the interpretation of risk assessments (RA) and the precautionary principle under the WTO's SPS Agreement in the context of the EC – Biotech case. It argues that the Cartagena Protocol on Biosafety could serve as a critical source of factual information and a guide for interpreting the SPS Agreement, particularly regarding the triggering conditions for provisional measures under Article 5.7.
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Document type: Briefing
EFFECTIVENESS OF TRADE & POSITIVE MEASURES IN MULTILATERAL ENVIRONMENTAL AGREEMENTS: LESSONS FROM THE MONTREAL PROTOCOL
The report concludes that the Montreal Protocol's integrated system of trade restrictions and positive incentives has been effective in achieving near-universal ratification and significantly reducing global emissions of ozone-depleting substances (ODS). Trade measures, such as bans on imports and exports of ODS and products containing them, created economic pressures that encouraged non-parties to join or comply to maintain market access. Simultaneously, positive measures—including a ten-year grace period for Article 5 parties, a financial mechanism (the Multilateral Fund), and technology transfer—lowered the economic and political barriers for developing countries. The report highlights a strong correlation between the implementation of these measures and spikes in ratification rates, particularly among export-dependent Asian economies and major ODS producers. While some Article 5 parties saw increased consumption during their grace periods, the overall global use of Annex A and B substances fell by 80% from baseline levels by 1995.
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Document type: Report
The Public Participation Convention and Export Credit Agencies
The document examines the three pillars of the Public Participation Convention—access to information, access to decision-making, and access to justice—and argues that export credit agencies, as government agencies, should be subject to these transparency and accountability requirements. It notes that while the Convention is not yet in force, signatories are obligated not to act contrary to its purpose. The paper also discusses the Convention's limited direct application to multilateral development banks and its weak compliance review mechanisms.
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Document type: Research paper
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
Europa/Development/Cotonou Aggreement
The provided text contains the annexes and protocols of the Cotonou Agreement, detailing the financial, institutional, and administrative frameworks for cooperation between the European Community and the ACP (African, Caribbean, and Pacific) States. It specifies the allocation of the 9th European Development Fund (EDF), the operation of the Investment Facility, rules for project programming and implementation, and the roles of the Centre for the Development of Enterprise (CDE) and the Centre for the Development of Agriculture (CTA).
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Document type: Report