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895 documents from Center for International Environmental Law
Essential Elements of U.S. Leadership in Ratifying the Stockholm Convention on Persistent Organic Pollutants (POPs)
A joint statement from a coalition of environmental and health organizations urging the U.S. Congress to ratify the Stockholm Convention on Persistent Organic Pollutants (POPs) by passing implementing legislation that ensures timely action, respects state laws, and provides clear legal authority to the EPA.
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Document type: Statement
The Relationship between the TRIPS Agreement and the CBD: The Case for Disclosure Requirements
This briefing note from the Center for International Environmental Law argues for the introduction of disclosure requirements within the TRIPS Agreement to align intellectual property rules with the objectives of the Convention for Biological Diversity (CBD), specifically to prevent the misappropriation of biological resources and traditional knowledge.
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Document type: Report
NAMA NEGOTIATIONS: AN ENVIRONMENTAL PERSPECTIVE
This briefing from the Center for International Environmental Law examines the environmental implications of Non-Agricultural Market Access (NAMA) negotiations within the WTO Doha Development Agenda. It focuses on two primary areas: the informal pursuit of sectoral agreements for total tariff elimination in environmentally-sensitive sectors and the classification and negotiation of non-tariff barriers (NTBs). The document argues that environmental considerations are being neglected in tariff negotiations and warns against the potential for NTB negotiations to undermine legitimate public policy objectives regarding health, safety, and environmental protection.
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Document type: Briefing
Principles and Approaches of Sustainable Development and Chemicals Management for a Strategic Approach to International Chemicals Management (SAICM)
This report, prepared by the Center for International Environmental Law (CIEL) for Switzerland, identifies and analyzes 15 principles and approaches of sustainable development and chemicals management for incorporation into the Strategic Approach to International Chemicals Management (SAICM). The study provides descriptions, origins, and proposed textual language for these concepts to establish common ground for the SAICM's development and implementation, specifically aiming for the 2020 goal of minimizing adverse effects of chemicals on human health and the environment.
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Document type: Report
PROTECTING TRADITIONAL KNOWLEDGE: MISAPPROPRIATION, INTELLECTUAL PROPERTY, AND THE FUTURE OF THE IGC
This briefing by the Center for International Environmental Law (CIEL) analyzes draft provisions for the protection of traditional knowledge (TK) and traditional cultural expressions/folklore against misappropriation, specifically within the context of the World Intellectual Property Organization's (WIPO) Intergovernmental Committee (IGC). The document argues that current draft provisions lack sufficient focus on the intellectual property (IP) system, which is where misappropriation primarily occurs. It advocates for a legally binding international instrument and specific IP-related measures—such as disclosure requirements and stricter patentability criteria—to prevent the illegitimate granting of IP rights over TK.
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Document type: Briefing
Dialogue on Disclosure Requirements: Incorporating the CBD Principles in the TRIPS Agreement
This policy brief analyzes the principle of Prior Informed Consent (PIC) within the context of the Convention on Biological Diversity (CBD) and the TRIPS Agreement. It argues that mandatory international disclosure requirements for PIC in patent applications are necessary to prevent the misappropriation of genetic resources and traditional knowledge, ensuring a more equitable intellectual property system.
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Document type: Policy brief
USING INTERNATIONAL LAW AND INSTITUTIONS TO PROTECT CHILDREN’S ENVIRONMENTAL HEALTH
This guide, published by the Center for International Environmental Law and Physicians for Social Responsibility, provides a comprehensive framework for using international law and institutions to protect children's environmental health. It details how human rights, labor, environmental, and health treaties can be leveraged to hold governments accountable, build capacity, and resolve disputes regarding the disproportionate vulnerability of children to environmental toxins and degradation.
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Document type: Guide
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
PETITION FOR TRANSPARENCY AND PARTICIPATION AS AMICUS CURIAE
This document is a legal submission dated January 27, 2005, filed by several organizations, including Asociación Civil por la Igualdad y la Justicia (ACIJ), Centro de Estudios Legales y Sociales (CELS), Center for International Environmental Law (CIEL), and Unión de Usuarios y Consumidores, requesting that the tribunal grant them access to hearings and the opportunity to present legal arguments as amicus curiae.
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Document type: Statement
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
IP QUARTERLY UPDATE: SECOND QUARTER 2005
This report, published by the Center for International Environmental Law and the South Centre, provides an overview of international intellectual property (IP) developments during the second quarter of 2005. It focuses heavily on the WIPO Development Agenda process, analyzing proposals from the Group of Friends of Development (FOD), the United Kingdom, and the United States to incorporate development goals into WIPO's mandate. Additionally, the document tracks IP-related negotiations and disputes within the WTO, WIPO, and other multilateral bodies, as well as the proliferation of bilateral and regional free trade agreements containing 'TRIPS-plus' provisions.
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Document type: Report
AN INUIT PETITION TO THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
This research paper, presented at the 10th Conference of the Parties to the Framework Convention on Climate Change in 2004, proposes a petition to the Inter-American Commission on Human Rights (IACHR) against the United States. The authors argue that the U.S., as the world's largest emitter of greenhouse gases, has violated the human rights of the Inuit and other Arctic indigenous peoples by failing to curtail emissions, leading to the destruction of homes, loss of vital resources, and the potential erasure of ancient Inuit culture.
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Document type: Research paper
Ciel and other civil society organizations express concerns over USTR's proposed appellate mechanism in the investment chapter of the Dominican Republic-Central American-U.S. Free Trade Agreement
A joint statement from the Center for International Environmental Law and other civil society organizations expressing opposition to the U.S. Trade Representative's proposed appellate mechanism for the investment chapter of the Dominican Republic-Central American-U.S. Free Trade Agreement (CAFTA), arguing it fails to address underlying problems and could undermine public interest and domestic oversight.
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Document type: Statement
Action Targets: A New Form of GHG Commitment
This briefing proposes 'action targets' as a method for greenhouse gas (GHG) emission commitments. Unlike fixed or intensity targets, action targets require an entity to reduce emissions by an agreed percentage of its actual emissions during a commitment period, providing greater predictability regarding the 'level of effort' required regardless of economic growth scenarios.
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Document type: Briefing
Notes and Questions from July 13, 2004 Hearing on POPs, PIC, and LRTAP: The Role of the U.S. and Draft Legislation to Implement These International Conventions
This document consists of responses from Glenn Wiser of the Center for International Environmental Law to questions posed by Chairman Paul E. Gillmor of the Subcommittee on Environment and Hazardous Materials. The responses focus on the legal and regulatory framework required for the United States to implement the Stockholm Convention on Persistent Organic Pollutants (POPs), specifically addressing the separation of powers between the Executive and Legislative branches, the nature of treaty control measures, and the potential pitfalls of including cost-benefit balancing or 'sound science' language in implementing legislation.
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Document type: Statement
Proposed TSCA Amendments to implement the Stockholm Convention on Persistent Organic Pollutants (POPs)
A joint statement from 41 environmental, health, and labor organizations urging the U.S. House Committee on Energy and Commerce to reject a June 17 draft of amendments to the Toxic Substances Control Act (TSCA) intended to implement the Stockholm Convention on Persistent Organic Pollutants (POPs). The signatories argue the draft contains flaws that would hinder the U.S. from fulfilling treaty obligations and instead advocate for a draft proposed by Representative Hilda Solis.
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Document type: Statement
Indigenous Peoples, Energy, and Environmental Justice: The Pangue/Ralco Hydroelectric Project in Chile’s Alto BíoBío
This research paper by the Center for International Environmental Law chronicles the decade-long struggle of the Mapuche/Pehuenche people against the Pangue and Ralco hydroelectric projects in Chile's Alto BíoBío region. It details the environmental and cultural destruction caused by the dams, the failure of the International Finance Corporation (IFC) to oversee social and environmental standards, and the legal battles fought in Chilean and international courts, culminating in a 2003 friendly settlement mediated by the Inter-American Human Rights Commission (IACHR).
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Document type: Research paper
POPs, PIC, and LRTAP: The Role of the U.S. and Draft Legislation to Implement These International Conventions
Written testimony by Glenn M. Wiser of the Center for International Environmental Law (CIEL) provided to the U.S. House of Representatives on July 13, 2004. The statement expresses the views of a coalition of environmental and health organizations regarding draft legislation intended to implement the Stockholm Convention on Persistent Organic Pollutants (POPs), the LRTAP POPs Protocol, and the Rotterdam PIC Convention.
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Document type: Statement
Application of Amici for Leave to File a Post-hearing Written Submission
The document is an application filed on June 29, 2004, by a group of amici curiae—including the Center for International Environmental Law, Bluewater Network, Communities for a Better Environment, and the International Institute for Sustainable Development—requesting leave to file a post-hearing written submission in the NAFTA Chapter 11 arbitration between Methanex Corporation and the United States of America.
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Document type: Statement
JOINT POST-HEARING SUBMISSION BY AMICI TO THE TRIBUNAL
This joint post-hearing submission by four amici (IISD, CBE, Bluewater Network, and CIEL) argues that the tribunal in the Methanex v. United States arbitration should recognize that bona fide environmental protection measures are non-expropriatory under international law, similar to public health measures.
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Document type: Briefing