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Fisheries Conservation and Trade Rules
This report by the Center for International Environmental Law (CIEL) and Greenpeace analyzes the tensions between international trade rules, primarily those of the World Trade Organization (WTO), and the conservation of global fisheries. It argues that current trade interpretations often hinder sustainable fisheries management by prohibiting regulations based on production and processing methods (PPMs). The authors propose a framework to integrate the precautionary approach into trade law, eliminate destructive subsidies, and ensure that investment liberalization does not undermine the ability of states to protect marine resources and traditional fishing communities.
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Document type: Report
ESCRITO DE AMICUS CURIAE
This amicus curiae brief, submitted by the Center for International Environmental Law (CIEL) to the Inter-American Commission on Human Rights (IACHR), supports petitioners Miguel Ignacio Fredes González and Andrea Tuczek Fries in their claim against Chile. The document argues that the Chilean government violated the right to access information by providing incomplete data regarding the location and nature of genetically modified organisms (GMOs) released into the environment. CIEL provides technical details on the scientific uncertainty and risks associated with GMOs and analyzes international legal frameworks—including the Cartagena Protocol and the Aarhus Convention—to assert that transparency and public participation are essential for managing biosafety risks.
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Document type: Report
frictions_tradeagreements_1992-6bef6ab41155664c.pdf
This research paper analyzes the legal and policy frictions between international trade agreements, primarily the General Agreement on Tariffs and Trade (GATT), and environmental protections. It examines how GATT principles—such as Most-Favored-Nation and National Treatment—often conflict with environmental measures, including those found in multilateral agreements like the Montreal Protocol and CITES. The authors discuss the implications of the Uruguay Round negotiations and propose options for reconciling trade and environmental goals under the framework of sustainable development.
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Document type: Research paper
globaltrade_biocon_1996-27937d395398f024.pdf
This report chapter analyzes the Convention on Biological Diversity (CBD) as a pioneering legal instrument that integrates environmental conservation with economic and trade goals. It specifically examines the CBD's regime for the trade of genetic resources, its recognition of the role of local and indigenous communities in sustainable production, and the contrast between the CBD's ecological economics approach and the neoclassical economic views prevalent in traditional trade agreements like GATT and NAFTA.
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Document type: Report
Human Rights Impacts of Lead Pollution
This report by the Center for International Environmental Law examines the intersection of lead pollution and human rights, detailing the severe health impacts on children and adults and how these impacts violate international legal standards regarding the right to life, health, housing, and information.
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Document type: Report
La contaminación por plomo y sus impactos en los derechos humanos
This report by the Center for International Environmental Law examines the severe health impacts of lead contamination and its implications for fundamental human rights, including the rights to life, health, adequate housing, and access to information. It highlights the extreme vulnerability of children and workers, particularly in developing countries, and identifies key sources of exposure such as leaded fuel, paint, and battery manufacturing.
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Document type: Report
States’ Human Rights Obligations in the Context of Climate Change
This briefing note by the Center for International Environmental Law (CIEL) and the Global Initiative for Economic, Social & Cultural Rights (GIESCR) reviews the 2023 outputs of the Committee on the Elimination of Discrimination Against Women (CEDAW) regarding climate change. It details the Committee's focus on gender-responsive adaptation, the disproportionate impact of climate change on marginalized women, and recommendations concerning fossil fuel extraction and climate finance.
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Document type: Briefing
Analysis of the Draft Text
This report by the Center for International Environmental Law analyzes a leaked draft of the investment chapter of the Free Trade Area of the Americas (FTAA). The analysis concludes that the draft largely mirrors or expands upon the investor-state protections found in NAFTA Chapter 11, which the authors argue undermines democratic governance, environmental protection, and national sovereignty by granting corporations the power to challenge domestic laws in international tribunals.
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Document type: Report
Análisis del borrador del capítulo de inversiones del ALCA
This report by the Center for International Environmental Law analyzes a leaked draft of the investment chapter of the Free Trade Area of the Americas (FTAA/ALCA). The analysis argues that the draft largely replicates the controversial Chapter 11 of the North American Free Trade Agreement (NAFTA/TLCAN), potentially expanding corporate protections at the expense of national sovereignty, democratic processes, and environmental and social protections.
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Document type: Report
iel_dfi_march98-f11400fcd1c049d2.pdf
This research paper examines the intersection of international environmental law and foreign direct investment (FDI), analyzing how emerging legal principles, multilateral treaties, and public financing standards influence private capital flows. It highlights the tension between global economic expansion and sustainable development, specifically addressing the risks of 'pollution havens' and the increasing trend of transnational environmental litigation against multinational corporations in their home country courts.
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Document type: Research paper
investment-82aafb6e303afa44.pdf
This briefing by the Center for International Environmental Law examines how modern investment treaties and investor-to-state dispute settlement (ISDS) mechanisms can undermine environmental regulations and public health protections by allowing foreign investors to sue host states for 'indirect expropriation'.
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Document type: Briefing
kantian_trade_1992-1f89826126535108.pdf
This research paper critiques a utilitarian (Millsian) approach to the intersection of international trade and environmental protection, arguing instead for a Kantian framework. The author contends that environmental imperatives—such as species preservation—are categorical duties that should not be balanced against economic benefits. The paper proposes a model of "competitive sustainability" to harmonize environmental standards upward through market incentives and trade rule reforms.
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Document type: Research paper
nepa_nafta_testimony_1993-14991b33105ca4ca.pdf
This 1993 testimony submitted to the Senate Committee on Environment and Public Works by the Center for International Environmental Law and the National Audubon Society argues that the National Environmental Policy Act (NEPA) requires the United States Trade Representative (USTR) to prepare a legislative Environmental Impact Statement (LEIS) for the North American Free Trade Agreement (NAFTA). The authors contend that NAFTA constitutes a major federal action with significant environmental effects and that such a review is compatible with existing trade laws and the separation of powers doctrine.
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Document type: Briefing
States’ Human Rights Obligations in the Context of Climate Change: CERD
This report examines the evolving role of the Committee on the Elimination of Racial Discrimination (CERD) in addressing the intersection of climate change and states' obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). It details the Committee's initial steps toward integrating climate-related concerns into its state reporting procedures and recommendations, particularly regarding Indigenous Peoples and people of African descent.
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Document type: Report
susdev_ip_envimpact_june1991-55b198b5236bfc7a.pdf
This research paper examines the intersection of international intellectual property (IP) rights, global trade, economic development, and environmental protection. It analyzes how IP regimes—specifically patents, copyrights, and trademarks—impact the transfer of environmentally sound technologies and the conservation of biological diversity, focusing on the tensions between industrialized nations (led by the US) and developing countries within frameworks like GATT, NAFTA, and the UN Conference on Environment and Development (UNCED).
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Document type: Research paper
tande_global_1997-fb6c9a157bf76692.pdf
This report by the Center for International Environmental Law analyzes the conflict between international trade policy and environmental protection, arguing that the World Trade Organization (WTO) typically prioritizes trade over the environment. The authors critique the U.S. government for abdicating its leadership in this area and propose a new foreign policy agenda that integrates environmental protection and worker rights into trade agreements, specifically regarding NAFTA and the proposed Free Trade Area of the Americas (FTAA).
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Document type: Report
tenurialrights_1994-5611bdd8e5f09885.pdf
This report chapter argues that secure tenurial rights are a fundamental prerequisite for successful community-based conservation (CBC). It contrasts the failures of state-owned 'public' tenure—which often leads to 'open access' degradation—with the effectiveness of community-based systems that derive legitimacy from local participants. The authors advocate for the state recognition of community perimeters to protect biodiversity and prevent the disenfranchisement of rural populations by domestic and international elites.
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Document type: Report
Transparency in 21st Century Fisheries Management: Options for Public Participation to Enhance Conservation and Management of International Fish Stocks
This research paper by the Center for International Environmental Law examines mechanisms for public participation and transparency in international fisheries management, specifically focusing on Regional Fisheries Management Organizations (RFMOs). Using the 'three pillars' of the Rio Declaration and Agenda 21—access to information, access to decision-making, and access to justice—the author analyzes how modern multilateral environmental agreements (MEAs) can serve as models for RFMOs to enhance legitimacy, improve decision-making, and ensure accountability.
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Document type: Research paper
THE WHO & INTELLECTUAL PROPERTY IN BILATERAL FREE TRADE AGREEMENTS
This statement from the Center for International Environmental Law argues that the World Health Organization (WHO) must actively analyze and intervene in the intellectual property (IP) provisions of bilateral and regional free trade agreements (FTAs). The document asserts that these agreements often impose standards that exceed the TRIPS Agreement, potentially undermining the Doha Declaration on TRIPS and Public Health and restricting access to affordable medicines in developing countries.
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Document type: Statement
COP22 Finanzas Verdes: Hacia dónde va el mercado de bonos verdes
This briefing by the Climate Bonds Initiative, produced for COP22, analyzes the growth and governance of the green bond market. It highlights the shift toward private sector issuance, the increasing role of emerging markets like China, and the necessity of reaching USD 1 trillion in annual green emissions by 2020 to support Nationally Determined Contributions (NDCs) under the Paris Agreement.
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Document type: Briefing