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895 documents from Center for International Environmental Law
Amicus Curiae Brief to the World Trade Organization: European Communities — Measures Affecting the Approval and Marketing of Biotech Products
This amicus curiae brief submitted to the World Trade Organization (WTO) argues for the importance of non-party technical advice and public participation in the dispute settlement process, specifically regarding the case 'European Communities — Measures Affecting the Approval and Marketing of Biotech Products (EC-Biotech)'.
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Document type: Briefing
Methanex Corporation v. United States of America, Application of Amici for Leave to File a Post-Hearing Written Submission
This document is a formal application submitted on June 29, 2004, by a group of Amici—including the Center for International Environmental Law and the International Institute for Sustainable Development—requesting leave to file a post-hearing written submission in the arbitration case Methanex Corporation v. United States of America.
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Document type: Statement
European Communities – Measures Affecting the Approval and Marketing of Biotech Products (WT/DS/291, 292, and 293)
This document is a motion submitted on June 1, 2004, by a coalition of five non-profit organizations requesting that a WTO Panel accept an amicus curiae brief regarding the dispute 'European Communities – Measures Affecting the Approval and Marketing of Biotech Products'. The applicants seek to provide technical, scientific, and legal information concerning the uncertainties of genetically modified organisms (GMOs) and the application of the precautionary principle under international law and the SPS Agreement.
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Document type: Statement
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
INFORME N° 30/04 PETICIÓN 4617/02 SOLUCION AMISTOSA MERCEDES JULIA HUENTEAO BEROIZA Y OTRAS CHILE
This report by the Inter-American Commission on Human Rights (IACHR) documents a friendly settlement reached on October 17, 2003, between the State of Chile and members of the Mapuche Pehuenche people. The dispute arose from the construction of the Ralco Hydroelectric Project by the company ENDESA, which the petitioners claimed violated their rights to ancestral lands and ignored indigenous laws requiring consent for relocation.
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Document type: Report
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
Oppose the Central American Free Trade Agreement (CAFTA) – Recently Released Text Falls Short on Environment
A statement from the Center for International Environmental Law and partner organizations urging the U.S. Congress to oppose the U.S.-Central American Free Trade Agreement (CAFTA) due to its perceived threats to environmental protections and public health.
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Document type: Statement
silentinvasion_buildingcapacity-397e4c6dd19c7eed.pdf
This briefing, prepared for COP-7 in February 2004, outlines strategies for Small Island Developing States (SIDS) to build capacity to combat invasive alien species (IAS). It emphasizes the necessity of comprehensive legislative frameworks, regional coordination, and the utilization of existing science and technology to prevent, control, and eradicate IAS.
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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
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
INTELLECTUAL PROPERTY AND DEVELOPMENT: OVERVIEW OF DEVELOPMENTS IN MULTILATERAL, PLURILATERAL, AND BILATERAL FORA
This report by the Center for International Environmental Law (CIEL) and the South Centre provides a first-quarter 2004 update on international intellectual property (IP) policy. It highlights a strategic shift by developed countries, particularly the United States, away from multilateral forums like the WTO toward bilateral and regional trade agreements to implement 'TRIPS-plus' standards. The document specifically analyzes the risk of 'non-violation complaints' being applied to IP in these bilateral deals, which could erode the flexibilities available to developing countries under the TRIPS Agreement.
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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