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895 documents from Center for International Environmental Law
IP QUARTERLY UPDATE: FOURTH QUARTER 2004
The report provides an overview of international intellectual property (IP) developments in the fourth quarter of 2004, focusing on the tension between IP protection and development goals. It details ongoing negotiations within the WTO Council for TRIPS, WIPO, and various bilateral and regional trade agreements, highlighting the efforts of developing countries to maintain flexibilities and prevent 'TRIPS-plus' standards.
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Document type: Report
Letter to Ms. Harrison pursuant to USTR documents under FOIA
A December 2003 letter from Friends of the Earth – U.S., on behalf of several environmental organizations, requesting investment-related documents from the United States Trade Representative (USTR) under the Freedom of Information Act (FOIA).
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Document type: Statement
Letter to Ms. Harrison pursuant to USTR documents under FOIA
The Center for International Environmental Law (CIEL), representing itself and three other environmental organizations, submitted a Freedom of Information Act (FOIA) request to the United States Trade Representative (USTR) on December 19, 2003. The request seeks the disclosure of environmental chapters and related provisions from bilateral or regional free trade agreement negotiations conducted since the beginning of 2003.
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Document type: Statement
Synthesis of Major Concerns
A fact sheet from the Center for International Environmental Law detailing concerns regarding foreign direct investment (FDI), investment rules, and investor-state arbitration, specifically in the context of the Americas Trade and Sustainable Development Forum.
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Document type: Fact sheet
Draft Issue Brief
This draft issue brief examines the intersection of Export Credit Agencies (ECAs), the OECD Arrangement on Guidelines for Officially Supported Export Credits, and the WTO Agreement on Subsidies and Countervailing Measures (ASCM). It analyzes how the 'safe haven' clause in the ASCM protects OECD members' export credits from being classified as prohibited subsidies, the resulting competitive disadvantages for developing countries, and the legal precedents set by the Brazil-Canada aircraft disputes. The document also highlights the lack of comprehensive environmental and social guidelines governing ECA activities.
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Document type: Report
The right to water and trade in services
This research paper examines the tension between the General Agreement on Trade in Services (GATS) and the human right to water. The authors argue that because the realization of the right to water requires flexible, country-specific regulatory strategies, international trade law should be conceptualized in deference to national regulatory autonomy to prevent trade obligations from undermining the state's ability to ensure universal and affordable access to water.
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Document type: Research paper
BTC Pipeline and ACG Phase 1 Projects Environmental and Social Documentation
The International Finance Corporation (IFC) issued this response on October 27, 2003, to address submissions received during a 120-day public comment period regarding the Baku-Tbilisi-Ceyhan (BTC) Pipeline and ACG Phase 1 projects. The document defends the projects' compliance with IFC and World Bank safeguard policies, specifically addressing concerns from NGOs and the World Wildlife Fund (WWF) regarding environmental assessments, involuntary resettlement, and the treatment of vulnerable groups.
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Document type: Report
The Inspection Panel: Accountability and Participation at the World Bank
In a statement delivered on September 22, 2003, Daniel B. Magraw, Jr., President of the Center for International Environmental Law (CIEL), evaluates the ten-year history of the World Bank Inspection Panel (WBIP). He argues that while the Panel has successfully promoted accountability and served as a model for other development institutions, it faces critical challenges regarding the sustainability of its outcomes, the Bank's relationship with human rights norms, and the potential erosion of accountability due to changes in safeguard policies and lending structures.
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Document type: Statement
GATS, Water and the Environment
This research paper by the Center for International Environmental Law (CIEL) and WWF International examines the potential conflicts between the WTO's General Agreement on Trade in Services (GATS) and domestic water management policies. The authors argue that while water management requires flexibility and adaptive planning to protect ecosystems, the GATS favors legal predictability and 'locking in' policy choices, which may constrain a state's ability to regulate water rights, pollution, and resource extraction.
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Document type: Research paper
Letter to USTR's Ambassador Zoellick to Oppose the Initiation of Investment Negotiations within the World Trade Organization
A letter dated August 1, 2003, from a coalition of organizations to U.S. Trade Representative Robert Zoellick urging the United States to oppose the initiation of investment liberalization negotiations at the World Trade Organization (WTO) Ministerial meeting in Cancun.
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Document type: Statement
International Law on Investment: The Minimum Standard of Treatment
This briefing examines the evolution and application of the Minimum Standard of Treatment (MST) in international investment law, specifically contrasting traditional customary international law with the broader interpretations adopted by NAFTA tribunals.
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Document type: Briefing
GATS and Water: Retaining Policy Space to Serve the Poor (August 2003) (Ostrovsky, Speed & Tuerk) (Presented at the World Trade Organization's 5th Ministerial in August, 2003) - Center for International Environmental Law
This research paper examines the relationship between the General Agreement on Trade in Services (GATS) and domestic water policies, specifically addressing concerns that the liberalization and privatization of water services may conflict with the right to water.
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Document type: Research paper
investment_10nov03-538ba8e76fcf2a12.pdf
This report by the Center for International Environmental Law examines the evolution and application of the Minimum Standard of Treatment (MST) for foreign investments in international law, with a specific focus on NAFTA Chapter XI and the tension between customary international law and bilateral investment treaties (BITs).
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Document type: Report
necessity_3sep03-843d2d895cdaf9ae.pdf
This research paper by the Center for International Environmental Law (CIEL) examines the legal concepts of 'necessity' and 'proportionality' within the World Trade Organization (WTO) framework. It argues that shifting from a strict necessity test to a proportionality test—which involves weighing trade restrictions against non-economic policy goals—could allow the WTO to usurp the regulatory authority of national governments and undermine the ability of Member States to protect public health, consumers, and the environment.
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Document type: Research paper
MEMORANDUM ON THE NEED TO IMPROVE INTERNAL TRANSPARENCY AND PARTICIPATION IN THE WTO
A memorandum submitted on 13 July 2003 by a coalition of ten non-governmental organisations and civil society groups to the World Trade Organisation (WTO) leadership. The document argues that the WTO's internal decision-making processes are non-transparent and undemocratic, which in turn leads to rules and agreements that disadvantage developing countries and harm the environment and vulnerable populations.
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Document type: Statement
U.S.-Chile and U.S.-Singapore Free Trade Agreements are Wrong Models for the Environment
A statement from the Center for International Environmental Law and other representatives urging the U.S. Congress to strengthen environmental safeguards in the U.S.-Chile and U.S.-Singapore Free Trade Agreements (FTAs) and to reject them as models for future trade initiatives.
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Document type: Statement
SIGUIENDO LA CORRIENTE: CÓMO EL COMERCIO, LAS FINANZAS Y LOS REGÍMENES DE INVERSIÓN INTERNACIONALES INFLUYEN SOBRE EL SUMINISTRO DE AGUA A LOS POBRES
This briefing by the Center for International Environmental Law examines how international financial institutions, investment treaties, and trade agreements pressure national governments to privatize water services, potentially compromising the human right to water and limiting regulatory flexibility.
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Document type: Briefing
waterbrief_3sept03-cea9e17021844213.pdf
This briefing by the Center for International Environmental Law examines how international trade and investment agreements, along with policies from international financial institutions (IFIs), can lock developing countries into the privatization of water services. It argues that these mechanisms may conflict with the recognized human right to water and limit the ability of national governments to regulate essential services for the public good.
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Document type: Briefing
Civil society organizations around the world call on the International Commission on Large Dams to incorporate the recommendations of the World Commission on Dams into their new Code of Ethics
A statement from various civil society organizations urging the International Commission on Large Dams (ICOLD) to incorporate the World Commission on Dams (WCD) recommendations into its new Code of Ethics, coinciding with ICOLD's 21st Congress in Montréal.
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Document type: Statement
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