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Referencing International Standards in Government Procurement
This briefing, produced by the ISEAL Alliance and the Center for International Environmental Law (CIEL), summarizes legal opinions on the ability of governments to reference voluntary international standards, specifically non-product related Process and Production Method (npr PPM) standards such as social and environmental criteria, in government procurement under World Trade Organization (WTO) rules.
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Document type: Briefing
The Standstill in Subsidies Update
This report by the International Institute for Sustainable Development (IISD) provides an update on the status of subsidy negotiations within the WTO's Doha Round as of November 2005. It analyzes the slow progress across agriculture, fisheries, services, and the Agreement on Subsidies and Countervailing Measures (SCM), noting that while fisheries have seen some conceptual movement, other sectors remain stalled due to technical complexities, political disputes, and a lack of consensus on definitions.
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Document type: Report
ECO-LABELING STANDARDS, GREEN PROCUREMENT AND THE WTO: SIGNIFICANCE FOR WORLD BANK BORROWERS
This report analyzes the compatibility of eco-labeling standards and green procurement policies with World Trade Organization (WTO) rules, specifically for World Bank borrowers. It concludes that WTO rules generally do not present significant legal barriers to 'greening' project procurement, primarily because government procurement is largely excluded from the main WTO agreements for goods and services. However, the report highlights significant concerns from developing countries regarding the costs, technical burdens, and potential market access restrictions associated with eco-labels, particularly those based on non-product-related process and production methods (npr PPMs).
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Document type: Report
Securing Enough to Eat
This 2005 IISD report examines food security as a fundamental human right, moving beyond simple supply metrics to include distribution and individual access. It evaluates four strategies for achieving food security: food self-sufficiency, trade liberalization, food sovereignty, and multi-functional agriculture. The report argues that while trade can stabilize supply, it can also undermine local production and increase vulnerability. It concludes that a pragmatic approach combining flexible trade rules with national policy space and sustainable agricultural practices is necessary to ensure long-term food security.
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Document type: Report
IP QUARTERLY UPDATE: FIRST QUARTER 2005
The report analyzes the impact of bilateral trade agreements on copyright and access to knowledge, noting that agreements involving the U.S. often impose protections (such as 70-year terms and anti-circumvention of TPMs) that exceed multilateral standards. It also summarizes IP disputes in the WTO regarding pharmaceutical compulsory licensing and genetic resource disclosure, as well as tensions at WIPO over the Substantive Patent Law Treaty.
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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
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
IP QUARTERLY UPDATE: THIRD QUARTER 2004
The report provides a quarterly update on international intellectual property (IP) developments for the third quarter of 2004, focusing on the intersection of IP and development. It specifically analyzes the implementation of the FAO's International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) and tracks IP-related negotiations across multilateral bodies like the WTO and WIPO, as well as regional and bilateral free trade agreements.
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Document type: Report
What future for the WTO in a changing international order?
This briefing by Razeen Sally examines the challenges facing the World Trade Organization (WTO) amidst a shifting global power structure characterized by overwhelming US dominance and the decline of European and Japanese influence. The author argues that the WTO is suffering from regulatory overload, excessive legalisation, and political deadlock, which have crippled its ability to function as a negotiating mechanism. To survive as a vehicle for liberalisation, the author suggests the WTO must return to its core purpose of reducing trade barriers and secure clear US leadership supported by pragmatic coalitions in the Asia-Pacific region.
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Document type: Briefing
Ciel sends letter to USTRs Ambassador Zoellick regarding potential inclusion of the grant of jurisdiction in the Free Trade Area of the Americas
A letter from the Center for International Environmental Law (CIEL) to U.S. Trade Representative Ambassador Robert B. Zoellick opposing the inclusion of a specific grant of jurisdiction regarding investment agreements and authorizations in the Free Trade Area of the Americas (FTAA).
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Document type: Statement
International Legal Framework on Foreign Investment
This briefing paper by the Center for International Environmental Law (CIEL) analyzes the international legal framework for foreign investment, arguing that current treaties and agreements prioritize investor rights and liberalization over environmental protection, social goals, and corporate accountability.
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Document type: Briefing
Corruption and development
This report by the Institute for Security Studies examines the relationship between corruption and development, with a specific focus on South Africa. It argues that corruption is a global phenomenon that distorts public spending, undermines efficiency, and discourages investment, thereby hindering economic growth and social equity. The authors contend that while economic liberalisation and democratisation can create opportunities for better governance, they are not panaceas; instead, a multifaceted approach involving institutional reform, legal frameworks, and strong political will is required to eradicate corruption and promote sustainable development.
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Document type: Report
The Negawatt Revolution: Electric Efficiency and Asian Development
The research paper "The Negawatt Revolution: Electric Efficiency and Asian Development" argues that Asian development is hindered by the adoption of inefficient electrical equipment and a utility business model focused on increasing sales rather than customer satisfaction. The authors contrast this with a shift in the U.S. utility sector toward "negawatts"—saving electricity through efficiency and renewables—which is presented as a significantly cheaper and more sustainable alternative to building new power plants.
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Document type: Research paper
EFFECTIVENESS OF TRADE & POSITIVE MEASURES IN MULTILATERAL ENVIRONMENTAL AGREEMENTS: LESSONS FROM THE MONTREAL PROTOCOL
This report by the Center for International Environmental Law, prepared for the United Nations Environment Programme, evaluates the effectiveness of trade and positive measures within the Montreal Protocol. It analyzes how these mechanisms—ranging from import/export bans on ozone-depleting substances (ODS) to financial assistance for developing nations—have driven near-universal ratification and compliance to reduce global emissions of controlled substances.
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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
ip_ftaa_oct03-ef406ace35b142f9.pdf
This report by the Center for International Environmental Law analyzes the impact of intellectual property rights (IPRs) on sustainable development, specifically critiquing the draft Chapter on IPRs within the Free Trade Area of the Americas (FTAA). The author argues that the FTAA proposes "TRIPS-plus" standards that exceed multilateral requirements, potentially hindering public health, food security, and technological development in developing countries by restricting regulatory flexibility and expanding private patent rights.
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Document type: Report
lawasia_1996-2723abab9a1f6648.pdf
This 1996 report summarizes a regional workshop in Hong Kong focused on making environmental law more effective in East and Southeast Asia. The participants concluded that environmental protection is often undermined by a lack of integration with economic planning, corruption, and poor land-use planning. Key recommendations include simplifying laws to reduce corruption, improving inter-agency coordination, increasing public participation and transparency in monitoring and EIAs, and adopting alternative dispute resolution methods that align with local cultural contexts.
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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
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
Comprendre les mécanismes favorisant la transition au sein des taxonomies
This report by the Climate Bonds Initiative analyzes how sustainable finance taxonomies integrate mechanisms to support the transition of high-emission sectors toward net-zero emissions by 2050. It identifies six specific 'Taxonomy Transition Mechanisms' used to define and evaluate the credibility of transition activities, providing a framework for taxonomy designers, investors, and market professionals to ensure robust and science-based decarbonization pathways.
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Document type: Report