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895 documents from Center for International Environmental Law
Issue Brief on the World Trade Organization Supremacy Clause in the POPs Convention
This briefing paper by the Center for International Environmental Law argues against the inclusion of a "supremacy clause" in the draft Persistent Organic Pollutants (POPs) Convention. The author contends that such a clause, which suggests the convention will not affect rights and obligations under existing international agreements, would effectively subordinate environmental goals to World Trade Organization (WTO) rules and undermine the ability of nations to implement trade-related environmental measures.
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Document type: Briefing
An Activist’s Handbook On Genetically Modified Organisms and the WTO
This 1999 guide by the Center for International Environmental Law provides activists with legal arguments to defend mandatory genetically modified organism (GMO) labeling against challenges from the World Trade Organization (WTO). It analyzes the application of the TBT and SPS Agreements, arguing that labeling is consistent with trade rules when based on the consumer's right to know and non-food-safety considerations.
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Document type: Guide
THE COMPLIANCE FUND
The report proposes the creation of a 'Compliance Fund' to allow Annex I Parties under the Kyoto Protocol to avoid non-compliance by paying fees for GHG mitigation credits when market options are unavailable. It advocates for this fund over 'borrowing' from future periods and suggests a 'Compliance Assessment' system, enforceable through domestic courts via a 'Recognition Agreement,' to penalize and remedy willful non-compliance.
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Document type: Report
Legal Elements of the “Ayahuasca” Patent Case
This briefing by the Center for International Environmental Law (CIEL) details a legal challenge to Plant Patent No. 5,751, issued to Loren Miller for a variety of the Amazon rainforest plant Banisteriopsis caapi (used to make ayahuasca). The challenge, supported by COICA and the Amazon Coalition, argues the patent is invalid because the plant's medicinal properties and physical features are already known as 'prior art' and the plant exists in an uncultivated state. Beyond this specific case, the authors call for the U.S. Patent and Trademark Office (PTO) to review how traditional knowledge and biological diversity are treated under patent law to prevent the appropriation of indigenous resources without consent.
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Document type: Briefing
DETAILED STATEMENT IN SUPPORT OF REQUEST FOR REEXAMINATION OF U.S. PLANT PATENT NO. 5,751
This document is a detailed statement submitted by the Center for International Environmental Law (CIEL) to the United States Patent and Trademark Office (PTO) requesting the reexamination of U.S. Plant Patent No. 5,751. The patent, issued to Loren S. Miller for a cultivar of Banisteriopsis caapi named "Da Vine," is challenged on the grounds that the plant is neither new nor distinct, is found in an uncultivated state, and violates public policy and morality by appropriating sacred indigenous knowledge.
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Document type: Statement
Compliance Institutions for the Kyoto Protocol: A Joint CIEL/WWF Proposal
A joint proposal by the Center for International Environmental Law (CIEL) and WWF emphasizing the need for a carefully designed compliance system for the Kyoto Protocol to ensure greenhouse gas emission reduction targets are met.
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Document type: Report
Effective Decision-Making
This report by the Center for International Environmental Law (CIEL) reviews various international decision-making models to assist negotiators establishing a regional fisheries management organization (RFMO) in the Western and Central Pacific. It analyzes a spectrum of mechanisms—from strict consensus to majority voting—evaluating how different models balance state sovereignty with the need for timely, science-based environmental action.
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Document type: Report
AMICUS BRIEF TO THE APPELLATE BODY ON UNITED STATES – IMPORT PROHIBITION Of Certain Shrimp and Shrimp Products
This amicus brief, submitted by the Center for International Environmental Law and other organizations, argues that United States import prohibitions on shrimp harvested without turtle excluder devices (TEDs) are consistent with WTO rules. The brief contends that these measures are justified under GATT Article XX as necessary for the conservation of endangered sea turtles, a goal supported by international environmental law and the principles of sustainable development.
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Document type: Briefing
Results of a Survey of Environmental Procedures at Non-US Export Credit and Risk Insurance Agencies
This CIEL working paper presents the results of an informal survey conducted by Axel Bree and David Hunter to determine the environmental policies and procedures of non-US export credit and risk insurance agencies. The survey found that while most agencies claim to consider environmental issues, none had detailed written environmental policies as of September 1998.
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Document type: Research paper
Implementing the Principles of the Public Participating Convention in International Organizations
This background document outlines a study intended to explore how the draft Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters can be used to increase public participation within international decision-making processes and organizations.
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Document type: Report
Water Protection Zones in the Istra Region
The document discusses the importance of maintaining water quality in the Istra region, which provides up to 10 percent of Moscow's drinking water, and advocates for the establishment of water protection zones to mitigate the negative impacts of expanding human economic activity.
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Document type: Report
Public Participation in the Process of Environmental Decision-Making: Designing, Implementing and Enforcing Environmental Standards
This document describes a conference held in Zvenigorod, Russia, from May 28-30, 1997, focused on public participation in environmental decision-making. The event was a collaborative effort between Russian and US governmental agencies, NGOs, and academic institutions.
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Document type: Report
12 Principles of Joint Implementation
This position paper by the Center for International Environmental Law (CIEL) outlines twelve principles to guide the implementation of Joint Implementation (JI) under the Framework Convention on Climate Change (FCCC). The document argues against moving from the JI pilot phase to full crediting without an independent evaluation and a comprehensive legal framework, highlighting significant technical, environmental, and socio-economic risks associated with the project-by-project approach.
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Document type: Report
The World Bank Inspection Panel: Amplifying Citizen Voices for Sustainable Development
The report examines the World Bank's Inspection Panel, established in 1994 to allow project-affected citizens to seek independent reviews of Bank policy compliance. While framed as a democratic precedent for international institutions, the author argues that the Panel's effectiveness has been undermined by institutional resistance and constant review by the Bank's Board of Directors and management.
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Document type: Report
The Joint Implementation Pilot Phase: A Call for Independent Evaluation
The provided text consists solely of a list of keywords and phrases related to climate change, energy, and environmental finance, without any narrative content or analysis.
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Document type: Report
Global Trade, Local Economies, and the Convention on Biological Diversity
The research paper analyzes the Convention on Biological Diversity as a pioneering legal instrument that integrates environmental goals with economic sectors, specifically regarding the trade of genetic resources and the protection of indigenous knowledge.
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Document type: Research paper
Biodiversity in the Seas: Implementing the Convention on Biological Diversity in Marine and Coastal Habitats
The document describes the composition and critical importance of marine and coastal biodiversity, while highlighting the unprecedented scale of degradation caused by human activities across all global regions.
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Document type: Report
Protecting Sensitive Aquatic Habitats in the Gulf of Aqaba
This research paper examines strategies for protecting sensitive aquatic habitats in the Gulf of Aqaba, focusing on legislative mechanisms, site selection for marine protected areas (MPAs), and management tools to address threats to the region's biodiversity.
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Document type: Research paper
Environmental and Economic Policies Affecting United States Competitiveness
This briefing consists of testimony provided by the Center for International Environmental Law to the Senate Committee on Commerce, Science, and Transportation regarding the relationship between United States economic and environmental interests and international competitiveness.
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Document type: Briefing
Interbasin Water Transfers After NAFTA
This briefing discusses the risk of diverting Canada's fresh water resources to the southwestern United States and Mexico due to increasing water scarcity and the influence of trade agreements like NAFTA and the 1988 FTA, which may limit Canada's ability to restrict water exports.
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Document type: Briefing