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Comments on Improving Identification of Prior Art Recommendations on Traditional Knowledge Relating to Biological Diversity
The Center for International Environmental Law (CIEL) submitted comments to the US Patent and Trademark Office (PTO) arguing that traditional knowledge of biological diversity is frequently overlooked as prior art, leading to the improper granting of patents. The document recommends stricter disclosure requirements for applicants, the systematic use of ethnobotanical databases and herbarium specimens in searches, and the consideration of moral grounds for denying patents on sacred indigenous resources.
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Document type: Statement
Investment Agreement of the Americas
The document warns against adopting a deregulatory investment model for the FTAA, citing the destabilizing effects of short-term speculative capital flows seen in the Asian and Mexican financial crises. It argues that broad definitions of investment and 'national treatment' provisions in NAFTA and the MAI would prohibit essential capital controls and 'speed bumps' used by countries like Chile and Colombia to maintain economic stability. Furthermore, the text contends that such rules threaten environmental protection by allowing corporations to sue governments for 'regulatory expropriation' and by banning performance requirements that mandate technology transfer to developing nations. The authors recommend that any hemispheric agreement must preserve the right of states to regulate currency convertibility, mandate technology transfer, and utilize transparent dispute resolution mechanisms that include civil society participation.
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Document type: Research paper
Los Acuerdos sobre Inversión en las Américas: Perspectivas Económicas, Ambientales y Sociales
The report warns against the deregulation of investment within the Free Trade Area of the Americas (FTAA), specifically criticizing the adoption of models from NAFTA and the OECD's Multilateral Agreement on Investment (MAI). It argues that broad definitions of investment and restrictive rules on capital controls increase vulnerability to speculative 'hot money' and financial crises, as seen in Mexico and East Asia. Furthermore, it contends that such frameworks undermine environmental protection by allowing corporations to challenge public health and environmental regulations through secretive investor-state dispute settlement mechanisms and by prohibiting performance requirements like technology transfer.
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Document type: Report
International Environmental Law and Foreign Direct Investment
The document examines the intersection of international environmental law and foreign direct investment (FDI), highlighting the tension between global capital flows and sustainable development. It analyzes emerging legal principles such as the precautionary principle and polluter pays principle, the impact of treaties like the Montreal Protocol and the Kyoto Protocol, and the role of international financial institutions in setting environmental benchmarks. The authors argue that while international investment agreements often lack enforceable environmental requirements, there is a growing trend toward greater corporate accountability through transnational litigation and the application of home-country laws to activities abroad.
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Document type: Research paper
Biodiversity in the Seas
The report outlines eight key action items to protect marine and coastal biodiversity under the Convention on Biological Diversity, focusing on integrated management, protected areas, sustainable fisheries, and the mitigation of global threats like climate change and pollution.
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Document type: Report
Using Law to Protect the Environment: Case Studies from Around the World
The document provides a series of case studies from diverse geographic regions demonstrating the application of law to solve environmental problems. It highlights the effectiveness of constitutional rights in Chile and India, local enforcement programs in China, indigenous partnerships in Colombia, benefit-sharing contracts in Costa Rica, grassroots activism in the Dominican Republic, effluent charges in Malaysia, coordinated inter-agency enforcement in the Philippines, criminal sanctions for data fraud in the United States, the power of public information via the Toxic Release Inventory in the United States, and public-private partnerships for ozone layer protection globally.
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Document type: Case study
Oposa v Factorian
A 1993 judgment by the Supreme Court of the Republic of the Philippines regarding a petition by minors to cancel timber license agreements to protect the environment for present and future generations.
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Document type: Case study
HUMAN RIGHTS AND THE ENVIRONMENT SELECTED BIBLIOGRAPHY
The document is a curated bibliography compiled by David Downes for the Center for International Environmental Law in 1992. It lists legal precedents, international directives, and scholarly articles that explore the relationship between human rights and the environment, with a particular focus on indigenous peoples' rights, the role of international development banks, and the emerging concept of a right to a healthy environment.
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Document type: Fact sheet
SUSTAINABLE DEVELOPMENT(PATENT PENDING)
The document analyzes the tension between the push for stronger international intellectual property (IP) protections—led primarily by the United States through GATT, NAFTA, and 'Special 301' actions—and the needs of developing countries for technology transfer and fair compensation for biological resources. It explores how IP rights can act as both a potential barrier to the dissemination of environmentally sound technologies and a possible incentive for sustainable innovation. Specifically, it discusses the conflict surrounding the Convention on Biological Diversity, where the US refused to sign due to concerns that 'fair and equitable' sharing of biotechnology benefits would undermine IP rights. The author concludes that while IP monopolies can increase costs for poorer nations, they are not inherently inimical to environmental protection and may actually encourage the development of green technologies.
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Document type: Research paper
Europe on Fire: Wave 9 of the Global Tracker of Public Opinion
The report finds that while global attitudes toward climate change remain largely stable, there is a distinct increase in concern and perceived impact within Europe, where salience rose in France, Italy, and Spain, and more people reported noticing heatwaves and droughts.
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Document type: Report
A Global Playbook for Nuclear Energy Development in Embarking Countries
The report outlines six critical dimensions for successful nuclear energy deployment in embarking countries: project execution, regulatory system development, bankability and finance, nonproliferation and security, spent fuel management, and workforce development. It argues for a shift from bespoke 'project' models to standardized 'product' models to reduce costs and risks. The authors propose the creation of new international institutions, such as an International Technical Support Organization (ITSO) and an International Bank for Nuclear Infrastructure (IBNI), to provide the technical and financial support necessary for global scaling.
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Document type: Report
Superhot Rock Geothermal in the Philippines
The document highlights that just 1% of the Philippines's superhot rock geothermal resource could provide 216 GW of energy capacity, far exceeding the country's 2021 electricity consumption of 106,110 GWh. This resource could theoretically replace all coal and gas used for electricity production, reducing emissions by approximately 75 megatonnes of CO2eq, and significantly reducing the country's 90% dependence on coal imports, primarily from Indonesia. Additionally, superhot rock geothermal is noted for its high energy density, requiring only 12 km² of land per 1 GW, which is substantially lower than solar, wind, or biomass.
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Document type: Fact sheet
Minimum Standards for local climate-smart Disaster Risk Reduction – enabling integration of local capacities into national climate adaptation strategies
The document introduces Minimum Standards for local climate-smart Disaster Risk Reduction (DRR) to move beyond 'business as usual' by incorporating changing climate risks into local planning. These standards are designed as practical, achievable goals for communities with limited support, serving as a bridge to national adaptation strategies. The framework is organized into four themes: information flow and capacity development, project planning and implementation, monitoring, evaluation and learning, and awareness raising and policy dialogue. It includes specific roles for civil society organizations (CSOs) and government authorities to create an enabling environment for these standards. Developed through the Partners for Resilience (PfR) programme and consultations in Indonesia, the standards aim to ensure that local DRR contributes meaningfully to climate change adaptation.
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Document type: Policy brief
TURN ON THE FLOODLIGHTS: TRENDS IN DISCLOSURE OF ENVIRONMENTAL LICENCES AND COMPLIANCE DATA
The report finds that South African environmental laws generally lack mandatory disclosure requirements for licences and compliance data, relying instead on the Promotion of Access to Information Act (PAIA). This contrasts with jurisdictions like Australia and Canada, where public registries are more common. Analysis of multinational companies shows they typically disclose information only where legally required. The report recommends making disclosure mandatory for all licence holders and establishing central online public registries.
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Document type: Report
10 Essentials for a ‘Truly Green’ Green Equity Approach
The report critiques the IFC's Green Equity Approach (GEA), noting that while it aims to phase out coal by 2030, loopholes allow continued fossil fuel financing. It proposes ten essential reforms, including extending the ban to oil and gas, closing underwriting loopholes, ensuring gender equality, and implementing full public disclosure of sub-projects to achieve true Paris alignment.
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Document type: Report
Smoke and Fumes Synopsis
The synopsis asserts that the petroleum industry was unequivocally warned of climate change by 1968 and that internal documents from companies like Exxon show a stark contrast between their internal scientific certainty and their public campaigns of disinformation. It highlights that while these companies protected their own infrastructure from rising sea levels and warming, they funded 'AstroTurf' organizations and misinformation plans to ensure the public viewed climate science as uncertain. The document also notes that attribution science now allows for the tracing of specific climate impacts to individual companies, providing a legal basis for accountability.
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Document type: Executive summary
Declaração sobre Resíduos Contendo Nanomateriais
The document argues that the increasing use of manufactured nanomaterials (MNMs) in consumer and industrial products creates significant risks in the waste stream due to unknown toxicity and difficulties in characterization. It demands that governments and companies implement extended producer responsibility, restrict the transboundary movement of MNM waste, and establish public registries of nano-products, particularly within the European Union, to ensure safe recycling and disposal.
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Document type: Statement
Declaración sobre residuos que contienen nanomateriales
The document argues that manufactured nanomaterials (NM) in waste streams pose risks to health and the environment due to incomplete toxicity understanding. It demands the implementation of extended producer responsibility, restrictions on transboundary movements of NM waste, and the creation of a public registry of nano-products in the EU to ensure transparent quantification of waste flows. Additionally, it advocates for public funding of research into waste prevention and the development of safe recycling and disposal technologies that prevent cross-contamination of secondary materials.
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Document type: Statement
Difensori dei diritti della terra e dell'ambiente in pericolo: una panoramica su casi recenti
The report documents a global pattern of violence and legal harassment against land and environmental rights defenders in 2013. It argues that these individuals, often representing vulnerable indigenous or rural communities, are targeted by governments and corporations during conflicts over natural resources and large-scale development projects. The document provides specific case studies from Europe, the Americas, Africa, and Asia, detailing arrests, assassinations, and forced displacements linked to opposition to mining, hydroelectric dams, agribusiness, and oil exploration.
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Document type: Report
The Legal Foundations for Fossil Fuel Phaseout: An Open Letter to the Co-Hosts and Participants of the First Conference on Transitioning Away from Fossil Fuels Santa Marta, Colombia
The document presents a collection of statements from legal experts and policy advisors asserting that international law, supported by rulings from bodies such as the International Court of Justice, requires states to phase out fossil fuels to prevent climate harm and protect human rights.
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Document type: Fact sheet