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895 documents from Center for International Environmental Law
Intervention by the World Conservation Union and the Center for International Environmental Law on the agenda item on traditional knowledge as prior art
A joint statement by the World Conservation Union (IUCN) and the Center for International Environmental Law (CIEL) arguing that current patent and intellectual property systems fail to protect biological diversity and the rights of indigenous peoples, calling for a sui generis system for traditional knowledge.
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Document type: Statement
Open letter on the March 2002 WTO Symposium on Assessment in Trade of Services
An open letter from WWF and CIEL providing recommendations for the March 2002 WTO symposium on the assessment of trade in services, urging for a holistic approach that includes environmental, social, and developmental dimensions beyond narrow economic trade aspects.
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Document type: Statement
The Johannesburg Summit 2002: A Call for Action
A February 2002 statement by the Center for International Environmental Law and other organizations calling on U.S. President George W. Bush to attend the World Summit on Sustainable Development in Johannesburg, South Africa, and to commit to specific environmental actions.
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Document type: Statement
BRIEF ON THE TREATMENT OF INTELLECTUAL PROPERTY IN THE DOHA WTO MINISTERIAL DECLARATION: MANDATED NEGOTIATIONS AND REVIEWS
This briefing analyzes the outcomes of the WTO Doha Ministerial meeting regarding intellectual property and the TRIPS Agreement. It highlights the legal ambiguity of the mandates, identifying opportunities for developing countries to protect public health and traditional knowledge, while warning against risks such as 'TRIPS plus' proposals under Article 71.1 and the precedent set by the multilateral register for wines and spirits.
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Document type: Briefing
Kyoto Protocol Packs Powerful Compliance Punch
This report analyzes the compliance system of the Kyoto Protocol, describing it as more robust than typical multilateral environmental agreements due to its quasi-judicial enforcement mechanisms and specific penalties for developed nations that fail to meet emissions targets.
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Document type: Report
International Anti-toxics Groups Urge Canadian Government to Resist Industry’s Challenge of Pesticide Ban
A group of international anti-toxics organizations, including the International POPs Elimination Network (IPEN), urged the Canadian government to resist a $100 million claim by the Crompton Corporation under NAFTA Chapter 11. The claim follows Crompton's voluntary surrender of its registration for lindane, a persistent organic pollutant used in canola seed treatment. The organizations argue that NAFTA's investor-state mechanism is being used to undermine legitimate public health and environmental regulations.
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Document type: Statement
Petitioning for Adverse Impacts of Global Warming in the Inter-American Human Rights System
This research paper explores the potential for bringing human rights complaints against the United States due to the adverse impacts of global warming, particularly focusing on the threats to the fundamental rights of indigenous inhabitants of the Arctic.
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Document type: Research paper
Report on the Compliance Section of the Marrakech Accords to the Kyoto Protocol
The Marrakech Accords establish a robust compliance system for the Kyoto Protocol, featuring a two-branch compliance committee (facilitative and enforcement) with membership based on equitable geographical representation and double majority voting. Annex I Parties failing to meet emissions targets face specific penalties, including deductions from future assigned amounts and loss of emissions trading privileges. While the system provides for public participation and appeals, the legal nature of its 'binding' consequences remains a point of contention among Parties, specifically the Umbrella Group.
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Document type: Report
The General Agreement on Trade in Services (GATS) and future GATS-Negotiations – Implications for Environmental Policy Makers
This report analyzes the General Agreement on Trade in Services (GATS) and its implications for environmental policy makers. It argues that the GATS, which functions as both a trade and investment agreement, may constrain the ability of national and sub-national governments to implement environmental regulations. The authors highlight risks associated with market access obligations, national treatment standards, and proposed disciplines on domestic regulation, while recommending the use of Sustainability Impact Assessments and the introduction of a broader environmental exception clause in the GATS text.
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Document type: Report
TREATMENT OF BIODIVERSITY RELATED ISSUES IN THE WTO
This briefing by the Center for International Environmental Law (CIEL) provides preliminary comments on the second drafts of the Ministerial Declaration and Implementation Decision for the Doha Ministerial Conference. The authors argue that these documents fail to adequately integrate the principles and objectives of the Convention on Biological Diversity (CBD) into the WTO framework, particularly within the TRIPS Agreement, and do not sufficiently address the concerns of developing countries regarding sustainable development and genetic resources.
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Document type: Briefing
Revisions to Resettlement Policy
A statement from the Center for International Environmental Law (CIEL) to the World Bank urging modifications to the draft Operational Policy/Bank Practice (OP/BP) 4.12 on involuntary resettlement. CIEL argues that the draft fails to protect indigenous peoples, ignores voluntary resettlement, and prioritizes the 'restoration' of livelihoods over the 'improvement' of living standards.
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Document type: Statement
Understanding Fast Track: Key Environmental Problems with the Thomas Bill
The Center for International Environmental Law (CIEL) and partner organizations critique HR 3005, the Thomas fast track bill, arguing it fails to protect environmental laws and lacks mandatory objectives to ensure sustainable trade and investment.
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Document type: Statement
WWF-CIEL Discussion Paper
This 2001 research paper by the Center for International Environmental Law (CIEL) and WWF examines the legal and practical tensions between Multilateral Environmental Agreements (MEAs) and the World Trade Organization (WTO). It analyzes how WTO rules on trade in goods, services, and intellectual property can conflict with environmental objectives, such as the precautionary principle and biodiversity conservation. The paper argues for a legal clarification of the MEA-WTO relationship to ensure that trade rules do not undermine environmental governance and proposes practical steps for policy coherence, including sustainability assessments and enhanced inter-ministerial cooperation.
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Document type: Research paper
PRELIMINARY COMMENTS ON TRIPS-RELATED ASPECTS OF FIRST DRAFT MINISTERIAL DECLARATION AND FIRST DRAFT DECISION ON IMPLEMENTATION: IMPLICATIONS FOR DEVELOPING COUNTRIES (TEXTS OF SEPTEMBER 2001)
This briefing by the Center for International Environmental Law (CIEL) provides preliminary analysis of the September 2001 draft Ministerial Declaration and Implementation Decision of the WTO. The authors argue that the drafts fail to adequately address the concerns of developing countries, ignore proposals for rebalancing the TRIPS Agreement, and lack sufficient focus on technology transfer and public health.
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Document type: Briefing
bansignfin2001-e23ea7c9beaf988c.pdf
A statement from the Basel Action Network and other environmental organizations opposing the United States government's intent to selectively ratify the 1989 Basel Convention while refusing to implement the 1995 Basel Ban Amendment.
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Document type: Statement
Report to CAN on Compliance Section of Political Agreement (FCCC/CP/20001/L.7)
This briefing by the Center for International Environmental Law (CIEL) describes the political agreement reached on July 22-23, 2001, regarding the compliance mechanism for the Kyoto Protocol. It details the structure of a two-branch compliance committee, the specific penalties for Annex I Parties that fail to meet emissions targets, and the ongoing debate over whether these consequences are 'legally binding' under Article 18 of the Protocol.
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Document type: Briefing
U.S. Patent and Trademark Office Reinstates Ayahuasca Patent
This briefing by the Center for International Environmental Law (CIEL) criticizes the U.S. Patent and Trademark Office (PTO) for reinstating a plant patent awarded to Loren Miller for a variety of ayahuasca (Banisteriopsis caapi) known as "Da Vine." The author argues that the PTO erred by applying infringement standards rather than patentability standards and by ignoring procedural rules to accommodate the patent holder while excluding indigenous organizations from the reexamination process.
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Document type: Briefing
Europe: A Commitment to Kyoto
A response to a Washington Post commentary arguing that European nations are not hypocrites for not yet ratifying the Kyoto Protocol, as they are waiting for the completion of the treaty's implementing rules.
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Document type: Statement
REVIEW OF ARTICLE 27.3(B)
This research paper by the Center for International Environmental Law (CIEL) examines the review of Article 27.3(b) of the TRIPS Agreement. It argues that strong intellectual property (IP) protections over life-forms may hinder development in developing countries by restricting innovation, increasing market concentration, and conflicting with the objectives of the Convention on Biological Diversity (CBD).
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Document type: Research paper
Bush energy plan violates international law
The Center for International Environmental Law asserts that the 2001 Bush energy plan violates international law and the UN Climate Convention by significantly increasing greenhouse gas emissions.
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Document type: Statement