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1,100 documents from Center for International Environmental Law
Commerce et Changement Climatique
The document presents diverse perspectives on how trade affects climate change, arguing that while the transport sector is a major emitter, trade can support climate goals through environmental goods and technical standards. However, it warns that the EU's 'Global Europe' strategy and rigid intellectual property rights may undermine climate policies in developing nations. It calls for the WTO to formally recognize the primacy of climate regimes over trade rules to ensure that environmental measures are not blocked by trade disputes.
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Document type: Report
The Use of Country Systems in World Bank Lending: A Summary of Lessons from the Pilot Projects and Recommendations for a Better Approach
The report analyzes the World Bank's 'country systems' (CS) approach, where the Bank relies on a borrower country's laws and institutions instead of its own safeguard policies. The author finds that the pilot projects have failed to create enduring, legally binding improvements in national laws, often relying on short-term fixes. The report argues that this approach weakens environmental and social standards, reduces transparency, and creates hurdles for communities attempting to use the Bank's Inspection Panel for accountability. It specifically criticizes the Bank's 'Safeguard Diagnostic Reviews' (SDRs) for lacking transparency and failing to realistically assess institutional capacity. Consequently, the report warns that the Bank's plan to accelerate this to a 'country-wide' pilot program is premature and recommends an independent public review and stricter transparency requirements.
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Document type: Report
THE DANGERS OF INCLUDING PATENT INFRINGEMENTS IN ACTA: SOME IMPLICATIONS FOR ACCESS TO MEDICINES
The report warns that the Anti-Counterfeiting Trade Agreement (ACTA) risks conflating 'counterfeit' medicines with patent infringements. This conflation could lead to the criminalization of legitimate patent disputes and the use of border seizures to block generic drugs produced under compulsory licenses or through parallel importing, ultimately hindering access to essential medicines. The author advocates for a clear distinction between therapeutically harmful counterfeits and IP-related disputes, suggesting that public health is best served by strengthening regulatory safety authorities rather than expanding IP enforcement.
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Document type: Report
CASO COMUNIDAD INDÍGENA CACATAIBO SOLICITUD DE MEDIDAS CAUTELARES URGENTES: SUSPENSIÓN EXPLORACIÓN DE HIDROCARBUROS
The Federation of Native Cacataibo Communities (FENACOCA), supported by legal counsel, requests urgent precautionary measures from the Inter-American Commission on Human Rights to stop hydrocarbon exploration in Peru's Lote 107. The request highlights that 2D seismic exploration by Petroleum del Peru S.A.C. poses an imminent threat to isolated Cacataibo indigenous people through potential water contamination and the use of explosives, which could force contact and lead to irreversible damage or the extinction of these communities.
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Document type: Statement
CASO PUEBLO INDÍGENA CACATAIBO SOLICITUD DE MEDIDAS CAUTELARES URGENTES: SUSPENSIÓN EXPLORACIÓN DE HIDROCARBUROS
The document presents evidence of the existence and vulnerability of the Cacataibo people in voluntary isolation in the Ucayali region of Peru. It combines numerous eyewitness testimonies of sightings and footprints with expert analysis on the risks posed by seismic exploration in 'Lote 107', arguing that such activities threaten the health, food security, and physical survival of these isolated groups.
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Document type: Report
Revising the UNCITRAL Arbitration Rules to Address Investor-State Arbitrations
The paper advocates for updating the UNCITRAL Arbitration Rules to distinguish between private commercial disputes and investor-State arbitrations. It argues that because investor-State cases implicate the public interest, the rules should be amended to improve public notice, document access, open hearings, and the use of amicus curiae briefs.
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Document type: Research paper
What is the real relationship between the CBD Working Group on Access and Benefit Sharing and WIPO and the WTO?
The document analyzes the substantive and political linkages between the CBD's Working Group on Access and Benefit Sharing (ABS) and the Geneva-based WIPO and WTO. It focuses on two primary areas of overlap: the requirements for disclosure of origin of genetic resources in patent applications and the protection of traditional knowledge. The author suggests that the ABS Working Group's decision to meet in Geneva in January 2008 may be an attempt to leverage the momentum of WIPO and the WTO or to reclaim space on environmental and indigenous issues. The piece aims to outline the formal mandate of the Working Group regarding these organizations and assess the actual nature of their participation in CBD processes.
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Document type: Report
EEZ Fisheries Access Arrangements and the WTO Subsidies Agreement: Legal Analysis and Options for Improved Disciplines
The document examines the controversy within WTO negotiations over whether government-to-government payments for access to Exclusive Economic Zones (EEZ) should be classified as subsidies. While some developing countries, particularly Small Island Developing States (SIDS), view these fees as essential monetary transfers for development, other nations highlight a lack of transparency and negative impacts on the marine environment and international markets. The text notes that these arrangements are primary supply sources for tuna, molluscs, and demersal fishes for Distant Waters Fishing Nations (DWFNs) like Japan and the EU.
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Document type: Report
Solicitud de Medidas Cautelares: Suspensión Exploración de Hidrocarburos en Territorios del Pueblo Indígena Cacataibo
The request argues that 2D seismic exploration by Petroleum del Perú S.A.C. in Lot 107 poses an imminent threat of irreparable harm to the life, health, and integrity of isolated Cacataibo groups. The document highlights that the exploration area overlaps significantly with proposed Cacataibo territorial reserves and that the use of explosives and the influx of workers increase the risk of forced contact, which historically leads to mass death from disease and violence. It further claims that the Peruvian state approved the Environmental Impact Assessment (EIA) without proper consultation with settled Cacataibo communities and that the EIA's safety measures are insufficient to prevent forced contact or environmental contamination.
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Document type: Report
PROPOSED REVISIONS TO THE UNCITRAL RULES FOR INVESTOR-STATE ARBITRATIONS
The document outlines proposed revisions to the UNCITRAL Arbitration Rules to ensure that investor-State arbitrations—defined as those brought by an investor against a State under a treaty—are subject to greater public oversight without affecting other types of arbitrations. The proposals focus on four key areas: public notification of the initiation of arbitration, public disclosure of pleadings and open hearings, public access to final decisions, and the right for non-disputing parties to file amicus curiae briefs.
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Document type: Statement
EEZ Fisheries Access Arrangements and the WTO Subsidies Agreement
The report examines the intersection of fisheries access agreements and WTO subsidy law, arguing that while the agreements themselves are not subsidies, the onward transfer of access rights from a Distant Water Fishing Nation (DWFN) to its fleet can constitute a subsidy if the fleet does not pay adequate remuneration. It highlights the negative environmental and social impacts of subsidized distant-water fishing in developing nations and proposes several regulatory options for the WTO, including clarifying the definition of access-related subsidies, introducing transparency requirements, and establishing conditional exceptions for Small Island Developing States (SIDS).
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Document type: Report
Male’ Declaration on the Human Dimension of Global Climate Change
The Male’ Declaration, adopted by Small Island Developing States in 2007, argues that climate change threatens fundamental human rights and calls for urgent global action to limit temperature rises to below 2°C and greenhouse gas concentrations to under 450ppm. It specifically requests that the UN High Commissioner for Human Rights study the effects of climate change on human rights and that the UN Human Rights Council convene a debate on the subject in March 2009.
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Document type: Statement
European Communities — Regime for the Importation, Sale and Distribution of Bananas: Recourse to Article 21.5 of the DSB by the United States (WT/DS27)
A group of organizations requested that the WTO web-cast the November 6-7, 2007, hearings for the EC-Bananas III dispute to allow citizens and officials from developing countries, particularly in the ACP regions, to observe the proceedings without traveling to Geneva.
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Document type: Statement
Petition for Amicus Curiae Status in Case No. ARB/05/22 before the International Centre for Settlement of Investment Disputes between Biwater Gauf Tanzania Limited and United Republic of Tanzania
The petition argues that the arbitration between Biwater Gauf Tanzania Limited and Tanzania transcends a private commercial dispute because it concerns the privatization of water services, which is directly linked to basic human rights and the UN Millennium Declaration goal of increasing access to safe drinking water. The author contends that the public nature of the dispute and its potential as a model for poverty alleviation in Africa necessitate a transparent process that permits citizen participation.
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Document type: Legal commentary
AMICUS CURIAE BRIEF TO THE APPELLATE BODY IN BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES
The brief supports Brazil's ban on retreaded tyres, arguing that the WTO Panel correctly identified the health and environmental risks of tyre waste, specifically the propagation of diseases like malaria and dengue fever. It contends that the Panel properly applied a life-cycle approach to environmental policy and that the level of protection chosen by a Member state is its own prerogative. The authors argue against the requirement for precise quantification of risk reduction, suggesting that qualitative evidence and the precautionary principle are sufficient for justifying environmental measures under Article XX(b).
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Document type: Legal commentary
EC Appeal in Brazil-Retreaded Tyres
The Center for International Environmental Law and WWF European Policy Office express concern over the European Commission's appeal of the WTO Panel report in the Brazil-Retreaded Tyres case, arguing that the report's interpretation of WTO law supports the ability of members to protect health and the environment. The organizations request that the EC either withdraw the appeal or limit its scope, and further call for increased transparency in the proceedings through the contemporaneous disclosure of pleadings and the web casting of hearings.
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Document type: Statement
Third Quarter 2007: Rwanda and Canada Leading the Implementation of the August 2003 Decision for Import/Export of Pharmaceuticals Produced under Compulsory License
The document examines the first practical application of the August 2003 Decision under the WTO's Doha Declaration, where Rwanda notified its intent to import pharmaceutical products from a generic manufacturer in Canada. It highlights that as a Least-Developed Country (LDC), Rwanda is exempt from certain notification requirements under paragraph 1(b) of the Decision. The author argues that this specific case serves as a critical precedent for the future utility and functionality of the system designed to allow countries to access medicines during public health crises via compulsory licensing.
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Document type: Research paper
CACATAIBO INDIGENOUS PEOPLES IN VOLUNTARY ISOLATION THREATENED BY OIL EXPLORATION
The Peruvian government approved an Environmental Impact Assessment (EIA) in August 2007 for the 2D Seismic Project for Block 107, allowing the Canadian-headquartered company Petrolífera to conduct oil and gas exploration using dynamite blasts. This project superimposes 50% of proposed territorial reserves intended to protect the Cacataibo peoples in voluntary isolation (Camanos). Despite requests dating back to 1999, the Peruvian government has failed to establish these reserves. The EIA process is criticized for lacking transparency, ignoring 65 observations from INRENA, and failing to provide adequate measures to prevent forced contact, which historically leads to illness and death for isolated indigenous groups. In response, FENACOCA, IBC, and CIEL are seeking precautionary measures from the Inter-American Commission on Human Rights (IACHR).
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Document type: Briefing
INDÍGENAS CACATAIBO EN AISLAMIENTO VOLUNTARIO AMENAZADOS POR EXPLORACIÓN PETROLERA
The document details the risks to the Cacataibo people in voluntary isolation in Peru's Central Jungle due to the approval of the 2D Seismic Project Lot 107. It highlights the failure of the Peruvian state to establish proposed territorial reserves and the dangers of using dynamite for seismic exploration in these areas. The briefing calls for precautionary measures from the Inter-American Commission on Human Rights to prevent forced contact and protect the life and integrity of the isolated groups.
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Document type: Briefing
wipo_gap_sept07-2b64dbd2db3d792a.pdf
The report examines the gap between the WIPO Intergovernmental Committee (IGC) framework for protecting traditional knowledge (TK) and the actual needs of indigenous peoples. It argues that the current approach remains too anchored in conventional intellectual property (IP) systems, which indigenous groups view as tools for misappropriation. Key points of contention include the lack of recognition for customary laws, the insistence on state sovereignty over resources, and the inadequacy of IP's individualistic and time-limited nature for communally owned, trans-generational knowledge. The document concludes that while the IGC is a vital platform, it has failed to meet core demands due to the dominance of Member State interests and the reluctance of some industrialized nations to commit to a legally binding instrument.
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Document type: Report