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NAFTA’s Chapter 11 and the Environment
The document examines how NAFTA's Chapter 11 provisions—specifically those regarding expropriation, national treatment, and performance requirements—can be used by investors to challenge environmental regulations. It highlights a lack of transparency and accountability in the ad hoc investor-state dispute process and suggests that the Joint Public Advisory Committee (JPAC) should push the Commission for Environmental Cooperation (CEC) and the Free Trade Commission (FTC) to reform these mechanisms to better balance investor rights with public interest.
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Document type: Briefing
Local Diversity to Contend with Globalization in Oaxaca, Mexico
The paper examines the tension between centralism and decentralization in Mexico, focusing on the state of Oaxaca. It highlights how the diversity of Oaxaca's municipalities—including those governed by indigenous 'usages and customs'—provides a model for local autonomy. The author contends that for sustainability and poverty reduction to be achieved, local governments must transition from being administrators of federal programs to active promoters of development through informed social participation and public accountability.
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Document type: Research paper
La diversidad local frente a la globalización
The author examines the tension between centralism and decentralization in Mexico, highlighting how the historical role of municipalities as mere operators of federal policy hinders local development. Using Oaxaca as a primary example, the text discusses the importance of 'comunalidad' (community-based organization) and the legal recognition of 'usos y costumbres' (customary law) for indigenous governance. It argues that sustainable development requires a shift away from top-down presidentialism toward a model of informed social participation, transparency, and equitable wealth distribution to mitigate the environmental and cultural impacts of globalization.
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Document type: Research paper
International Anti-toxics Groups Urge Canadian Government to Resist Industry’s Challenge of Pesticide Ban
The International POPs Elimination Network (IPEN) and its participating organizations are calling on Canada to resist a $100 million claim from Crompton Corporation under NAFTA Chapter 11. The claim follows Crompton's agreement to stop using lindane, a persistent organic pollutant, in canola seed treatments. The groups argue that lindane is a dangerous neurotoxicant and endocrine disruptor that contaminates the Arctic and human breast milk. They contend that NAFTA's investment rules are being used to undermine legitimate public health regulations and urge the renegotiation of Chapter 11 to protect the sovereign right of governments to regulate toxic substances.
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Document type: Statement
REVIEW OF THE DECISION ON JURISDICTION OF THE METHANEX TRIBUNAL, AUGUST 5, 2002
On August 5, 2002, a NAFTA Chapter 11 tribunal issued an interim ruling in the Methanex vs. United States case, determining that it lacked jurisdiction over the original claims because there was no "legally significant connection" between California's MTBE ban and Methanex, which only supplied a component (methanol) for the regulated product. The tribunal rejected the notion that indirect economic impacts are sufficient to establish jurisdiction under Article 1101. However, it left open a narrow path for jurisdiction if Methanex can prove a specific "intent" to discriminate against the company in favor of a domestic competitor. The author notes that while the ruling does not exempt public welfare measures from challenge, it limits the range of potential claimants by excluding those only indirectly affected.
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Document type: Research paper
Report of the Working Group for Increasing Country Commitment to the IAI
The report identifies a significant decline in financial contributions and institutional participation among IAI member countries since 1997. While 19 American countries have joined, only a few maintain consistent funding, with the USA providing the vast majority of programmatic support. The Working Group analyzed data on voluntary contributions, institutional meeting attendance, and scientific program participation to diagnose the lack of interest, concluding that further analysis is required to develop effective recovery strategies.
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Document type: Report
1995–2000: Cinco Años de Apoyo del IAI a la Investigación del Cambio Global en las Américas
The IAI invested approximately US$20 million between 1995 and 2000 to establish multinational research networks in the Americas. This was achieved through four primary programs: Start-up Grants (SG), the Initial Science Program (ISP), the Collaborative Research Network (CRN), and the Program to Expand Scientific Capacity in the Americas (PESCA). The IAI's Science Agenda focused on four themes, with the largest funding allocation going to 'Changes in the Composition of the Atmosphere, Oceans and Fresh Waters'. The institute reports 145 publications resulting from ISP and CRN funding and emphasizes student training as a key mechanism for regional scientific development. However, the IAI notes a funding gap of over US$6 million for high-quality research proposals that remain unfunded.
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Document type: Report
Lista de Acciones
The document lists the administrative decisions of the IAI Executive Council on July 17, 2001, including the approval of the meeting agenda, corrections to the previous meeting's report, the composition of the Nomination Committee for the SAC, and recommendations for budget reporting and institutional restructuring.
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Document type: Report
IAI Science Grant Program – Phase II General Guidelines
The IAI Science Grant Program – Phase II (SGP-II) is a competitive funding initiative designed to support the development of multinational research networks addressing global change issues in the Americas. The program offers one-time awards of up to US$ 30,000 for projects lasting up to one year, with a specific priority on 'Integrated Assessment, Human Dimensions and Applications' (Theme IV) and the participation of young scientists. Eligible proposals must involve institutions from at least three IAI ratifying countries and align with the IAI Science Agenda's four primary themes: climate variability, ecosystem/biodiversity studies, atmospheric/oceanic composition, and integrated assessments.
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Document type: Guide
Report of the Director to the EC and the CoP
The report details the IAI's efforts to maintain member country engagement, manage scientific research programs, and expand educational capacity in the Americas between July 2000 and June 2001.
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Document type: Report
CRN – Summary of discussions at the XV SAC Meeting
The report evaluates the initial year of the CRN program, highlighting a strong scientific output and significant capacity building through graduate courses and workshops across the Americas. While many projects successfully leveraged millions in additional funding, the IAI identified critical administrative gaps, specifically the lack of a standard reporting format and difficulties in international fund transfers.
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Document type: Report
The FTAA and Hemispheric Integration
The policy brief argues for the integration of sustainable development into the FTAA process to overcome a 'fundamental disconnect' between trade and environmental policies in the Americas. It proposes a three-pillar strategy: incorporating specific environmental provisions into the FTAA, strengthening hemispheric environmental cooperation through a proposed 'Americas Ecological Accord', and establishing a High Level Hemispheric Experts Group on Trade and Sustainability to facilitate dialogue with civil society and industry.
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Document type: Policy brief
POVERTY ALLEVIATION AND SUSTAINABLE DEVELOPMENT
The paper examines the relationship between poverty and environmental degradation, arguing that while poverty does not necessarily cause degradation, the poor are disproportionately harmed by the loss of natural capital. It critiques the 'Environmental Kuznets Curve' and suggests that sustainable development requires tracking total wealth (natural, human, social, and physical capital) and strengthening institutional frameworks to manage common resources.
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Document type: Research paper
YCLSF Host Organization Guide
The YCLSF Host Organization Guide outlines the operational framework for hosting Canadian youth interns in sustainable development roles globally. It details the responsibilities of host organizations, interns, and the International Institute for Sustainable Development (IISD), while providing practical advice on supervision, performance assessment, and emergency protocols. The document emphasizes the project's goal of preparing young Canadians for careers in sustainable development through professional placements and training in areas such as climate change, trade, and natural resource management.
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Document type: Guide
Note on NAFTA Commission’s July 31, 2001, Initiative to Clarify Chapter 11 Investment Provisions
The document analyzes a July 31, 2001, agreement by the Trade Ministers of Canada, the United States, and Mexico to interpret Chapter 11 of NAFTA. It highlights a commitment to public transparency of tribunal documents, though it notes a critical exception for information withheld under arbitral rules. It also discusses the clarification of Article 1105, which aligns the 'minimum standard of treatment' with customary international law to prevent firms from litigating any international law obligation. The briefing concludes that while these steps are positive, significant issues remain unaddressed, particularly regarding expropriation (Article 1110), performance requirements (Article 1106), and national treatment (Article 1102).
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Document type: Briefing
The Monsanto Company: Quest for Sustainability (A)
Under CEO Robert Shapiro, Monsanto pivoted to the 'life sciences' by spinning off its chemicals business and investing $8 billion in seed and biotechnology acquisitions. While the company achieved significant financial growth and market dominance in genetically engineered (GE) crops, it faced intense consumer and NGO backlash in Europe and developing countries over health, environmental, and ethical concerns.
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Document type: Case study
XII Reunión del Consejo Ejecutivo del IAI / XII IAI Executive Council Meeting
The document is a participants list for the XII IAI Executive Council Meeting, which took place in San José, Costa Rica, from December 4 to 5, 2000.
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Document type: Fact sheet
RELATORIO DO PRESIDENTE DO CONSELHO EXECUTIVO
The report details the President of the Executive Council's activities from September to November 2000, including resolving tax compliance issues with the Brazilian Federal Revenue Service, attending a FAWG meeting and staff interviews in São José dos Campos, participating in a funding agencies meeting in Zurich, and attending a FRWG teleconference.
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Document type: Report
AMENDED PETITION OF COMMUNITIES FOR A BETTER ENVIRONMENT, THE BLUEWATER NETWORK OF EARTH ISLAND INSTITUTE, AND THE CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW TO APPEAR JOINTLY AS AMICI CURIAE
An amended petition filed on October 13, 2000, by Communities for a Better Environment (CBE), the Bluewater Network of Earth Island Institute, and the Center for International Environmental Law (CIEL) requesting permission to participate as amici curiae in the NAFTA Chapter 11 arbitration between Methanex Corporation and the United States.
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Document type: Statement
Assessing the Impact of NAFTA on Environmental Law and Management Processes
The document analyzes the intersection of trade law and environmental management, arguing that while trade rules are not inherently inconsistent with environmental protection, they impose significant technical and capacity burdens on governments. It highlights a high risk that older environmental measures may fail trade law challenges due to retroactive application and a lack of original trade-law consideration. The author specifically warns that NAFTA Chapter 11 investment rules pose a more severe risk because they allow private corporations to initiate arbitration and have been interpreted expansively to include 'covert or incidental interference' as expropriation, potentially creating a chilling effect on new environmental legislation.
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Document type: Research paper