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Multi-stakeholder Collaboration for a Sustainable Coffee Sector
This research paper analyzes the tension between multi-stakeholder collaborations aimed at creating sustainability standards for the coffee sector and the constraints of U.S. anti-trust law. It examines how efforts to address market failures—particularly regarding pricing and producer welfare—can be interpreted as illegal restraints of trade under the Sherman Act, and proposes procedural safeguards and intergovernmental involvement to mitigate these legal risks.
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Document type: Research paper
Los vínculos entre el comercio y el desarrollo sostenible en la agricultura de Centroamérica
This report analyzes the intersection of international trade, sustainable development, and agriculture in Central America. It examines the impact of WTO agreements, regional trade negotiations (such as ALCA and CAFTA), and the environmental footprints of key agricultural sectors, proposing a 'Green General System of Preferences' to incentivize sustainable production.
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Document type: Report
Separate Comments on the U.S.-Morocco Free Trade Agreement
The Center for International Environmental Law (CIEL) submitted comments on the U.S.-Morocco Free Trade Agreement (FTA), arguing that its investment chapter fails to meet the Trade Act of 2002 mandate that foreign investors receive no greater substantive rights than domestic investors. CIEL expresses concern that the investor-state dispute mechanism undermines national regulatory powers, lacks an appellate process, and lacks a general environmental exception, potentially threatening public health and environmental protections.
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Document type: Statement
Eighteen of Americas most prominent environmental organizations express deep concerns about the Bush Administrations approach towards implementing the Stockholm Convention on Persistent Organic Poll
Eighteen environmental organizations issued a statement on April 19, 2004, urging U.S. congressional leaders to reject the Bush Administration's proposed amendments to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for implementing the Stockholm Convention on Persistent Organic Pollutants (POPs). The organizations argue that the proposed legislation fails to provide the Environmental Protection Agency (EPA) with effective authority to ban additional POPs pesticides and introduces burdensome regulatory requirements that contradict the treaty's precautionary principles.
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Document type: Statement
Analysis of Department of Justice Letter Regarding the Constitutionality of Mandatory Notice and Comment Provisions Proposed in Implementing Legislation for the Stockholm Convention on Persistent Organic Pollutants (POPs)
This memorandum by the Center for International Environmental Law (CIEL) critiques a March 25, 2004, Department of Justice (DOJ) letter which argued that mandatory notice and comment provisions in proposed implementing legislation for the Stockholm Convention on Persistent Organic Pollutants (POPs) would unconstitutionally infringe upon the President's treaty-making powers.
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Document type: Briefing
Separate Comments of TEPAC Members on the U.S.-Central American Free Trade Agreement (CAFTA)
A statement by members of the Trade and Environment Policy Advisory Council (TEPAC) expressing concerns that the U.S.-Central American Free Trade Agreement (CAFTA) fails to meet the 'no greater substantive rights' mandate of the Trade Act of 2002 and poses threats to national regulatory powers and environmental protections.
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Document type: Statement
Why Zimbabwe has not crumbled
This research paper examines why Zimbabwe has not experienced a total state collapse despite severe economic crisis, hyperinflation, and international sanctions under the leadership of President Robert Mugabe.
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Document type: Research paper
SUBMISSION OF NON-DISPUTING PARTIES
This document is a submission by non-disputing parties (Bluewater Network, Communities for a Better Environment, and the Center for International Environmental Law) to an arbitration tribunal regarding a dispute between Methanex Corporation and the United States. The submission argues that California's ban on the gasoline additive MTBE was a legitimate exercise of government power to protect public health and the environment, and should therefore be granted substantial deference under NAFTA and international law.
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Document type: Report
Separate Comments of TEPAC Members on the Investment Chapter of the U.S.- Australia Free Trade Agreement
This document consists of separate comments submitted by four members of the Trade and Environmental Policy Advisory Committee (TEPAC) regarding the investment chapter of the U.S.-Australia Free Trade Agreement (FTA). The authors express approval that the agreement lacks an investor-state dispute mechanism but argue that the substantive investment provisions remain problematic, fail to comply with the Trade Act of 2002's "no greater substantive rights" mandate, and pose threats to environmental regulation and public governance.
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Document type: Statement
Separate Comments of TEPAC Members on the Environment Chapter of the U.S.- Australia Free Trade Agreement
Separate comments from TEPAC members argue that the environment chapter of the U.S.-Australia Free Trade Agreement (FTA) weakens public participation, cooperation, and remedies for environmental harm compared to other recent U.S. FTAs.
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Document type: Statement
Public interest groups reject the U.S. Environmental Protection Agency's February 25th draft amendments to the Federal Insecticide, Fungicide, and Rodenticide Act that would implement the Stockholm POPs Convention, LRTAP POPs Protocol, and Rotterdam PIC Convention
A coalition of public interest groups, including the Center for International Environmental Law and the World Wildlife Fund, issued a statement on March 8, 2004, rejecting the U.S. Environmental Protection Agency's (EPA) February 25 draft amendments to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The groups argue the draft fails to adequately implement the Stockholm POPs Convention, the LRTAP POPs Protocol, and the Rotterdam PIC Convention, and they oppose the bill's reliance on cost-benefit analysis over health-based standards.
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Document type: Statement
The Sudan - IGAD Peace Process. Signposts for the Way Forward
This research paper analyzes the IGAD Peace Initiative in Sudan as it approached a signed agreement between the Government of Sudan (GoS) and the Sudan Peoples Liberation Movement/Army (SPLM/A) in 2004. The author argues that while the first stage of the process successfully identified core conflict issues, the subsequent transitional period requires a shift from elite-driven negotiations to a transparent, inclusive, and democratic process to avoid implosion. The paper emphasizes that internal stability in Sudan is inextricably linked to the rehabilitation of its contentious bilateral relations with neighboring states in the Horn of Africa.
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Document type: Research paper
The Sudan–IGAD Peace Process
This research paper analyzes the IGAD Peace Initiative in Sudan as it nears a signed agreement between the Government of Sudan (GoS) and the Sudan Peoples Liberation Movement/Army (SPLM/A). The author argues that while the first stage of negotiations was successful in its narrow focus, the subsequent transitional period requires a shift toward inclusivity, democratic transformation, and the rehabilitation of volatile bilateral relations with neighboring states in the Horn of Africa to ensure a sustainable peace.
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Document type: Research paper
AGOA, Africa and Agriculture
This report by the South African Institute of International Affairs evaluates the impact of the African Growth and Opportunity Act (AGOA) on South African agricultural exports to the US. It argues that while AGOA has facilitated growth in specific niche agricultural products and clothing, its overall impact is limited by pre-existing low tariffs, complex rules of origin, and significant non-tariff barriers such as US agricultural subsidies and restrictive standards.
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Document type: Report
Brazil’s position in the Free Trade Agreement of the Americas Negotiation Process
This briefing analyzes Brazil's strategic position and challenges within the Free Trade Agreement of the Americas (FTAA) negotiations as of February 2004. It details the friction between Brazil and the United States over agricultural subsidies, non-tariff barriers, and the 'Singapore issues,' while examining how the US strategy of bilateral agreements and the outcomes of the WTO Cancun summit have influenced the shift toward a more flexible 'ALCA-lite' framework.
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Document type: Briefing
Draft U.S. Model Bilateral Investment Treaty-Draft Comments from the Department of State Subcommittee on Investment
A letter from the Center for International Environmental Law (CIEL) to representatives of the Department of State Subcommittee on Investment, criticizing a draft report on the U.S. Model Bilateral Investment Treaty for being inaccurate and biased in favor of the investment community.
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Document type: Statement
bit_comments_jan16041-044c0c833e72a2a6.pdf
A joint statement from several environmental and labor organizations urging the U.S. Department of State and the Office of the U.S. Trade Representative (USTR) to revise a draft model bilateral investment treaty (BIT). The authors argue the draft grants foreign investors excessive rights compared to U.S. citizens, lacks investor obligations, and threatens the ability of governments to protect public interests such as health, safety, the environment, and workers' rights.
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Document type: Statement
Enhanced Access to Information and Ability to Participate Effectively
A coalition of organizations wrote to the U.S. Trade Representative in 2004 requesting that the USTR increase transparency in trade negotiations by publishing proposed agreement texts and negotiating proposals on its website and soliciting public comment via the Federal Register. The authors argue that the current ad hoc disclosure process risks bias and excludes non-insider stakeholders, suggesting that the U.S. should require negotiating partners to agree to such transparency as a condition of entry into negotiations.
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Document type: Statement
Mexico’s NAFTA: More Pros than Cons
This briefing by the South African Institute of International Affairs (SAIIA) evaluates the impact of the North American Free Trade Agreement (NAFTA) on Mexico ten years after its 1994 implementation. The author argues that while the agreement created significant challenges for certain sectors—particularly agriculture—it has been an empirical success in terms of trade, investment, and macroeconomic stability, providing a case study for the South African Customs Union (SACU).
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Document type: Briefing
IP QUARTERLY UPDATE: SECOND QUARTER 2004
The South Centre and CIEL IP Quarterly Update for the second quarter of 2004 analyzes international intellectual property (IP) policy-making, focusing on the upcoming WIPO General Assembly and developments across multilateral, plurilateral, and bilateral fora. The report highlights the challenges developing countries face when developed nations shift negotiations to bilateral 'TRIPS-plus' agreements to circumvent multilateral flexibilities. Key areas of concern include the protection of genetic resources, the proposed broadcasting treaty, and the Substantive Patent Law Treaty (SPLT).
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Document type: Report