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1,100 documents from Center for International Environmental Law
Intellectual Property in European Partnership Agreements with the African, Caribbean and Pacific Group of Countries
The document argues that the European Union is pursuing 'TRIPS-plus' intellectual property standards in its European Partnership Agreements (EPAs) with 76 African, Caribbean and Pacific (ACP) countries. It suggests that the EU's mandate to strengthen intellectual property rights (IPR) provisions and enforcement could negatively influence global IP norms at the WTO and WIPO, potentially undermining the prospects of developing countries in multilateral negotiations.
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Document type: Report
The WHO Intellectual Property in Bilateral Free Trade Agreements
The document asserts that the World Health Organization (WHO) has a mandate to engage in trade policy discussions because the availability and affordability of pharmaceuticals are central to public health. It warns that the progress made by the Doha Declaration is being undermined by a surge in bilateral and regional free trade agreements (FTAs), particularly those between industrialized economies and developing nations, which impose extensive intellectual property provisions that restrict access to low-cost medicines.
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Document type: Report
wtodispute_canada_oct06-d49e1c6531065573.pdf
The Center for International Environmental Law (CIEL) urges the Canadian government to move beyond closed-circuit television and adopt a policy of requesting web-cast hearings for all WTO dispute settlements. CIEL argues that current access to hearings in Geneva is limited to those with substantial financial resources, effectively excluding civil society and citizens from the Global South. The document asserts that the WTO already possesses the technical capacity for web-casting and that such a move would improve the credibility and efficiency of the dispute settlement process without interfering with panel proceedings.
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Document type: Statement
Open dispute settlement hearings in the World Trade Organization
The Center for International Environmental Law and the Institute for Agriculture and Trade Policy urge the USTR to advocate for the web-casting of WTO dispute settlement hearings, arguing that current closed-circuit television access in Geneva excludes civil society and citizens from the Global South due to travel costs.
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Document type: Statement
Open dispute settlement hearings in the World Trade Organization
The Center for International Environmental Law and WWF European Policy Office urge the European Commission to move beyond closed-circuit television and adopt a policy of web-casting WTO dispute settlement hearings to ensure global public access, particularly for citizens in the Global South.
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Document type: Statement
Situating the “Facilitative Mechanism” within the Current WTO Framework
The document analyzes proposals by the EC and NAMA-11 to create a horizontal, non-binding mechanism for addressing non-tariff measures (NTMs) that operates independently of the WTO's Dispute Settlement Understanding (DSU). It argues that by focusing exclusively on trade restrictiveness rather than legality, these mechanisms risk marginalizing environmental and social policy objectives and leaving developing countries vulnerable to power politics and 'arm-twisting' due to a lack of judicial protection and transparency.
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Document type: Briefing
Planeta Verde Brazil – Measures Affecting Imports of Retreaded Tyres (WT/DS332)
The document supports Brazil's measures against retreaded tyre imports, emphasizing that such trade shifts waste problems from developed to developing nations. It advocates for a 'life-cycle approach' to assess environmental burdens and links the ban to obligations under the Basel and Stockholm Conventions, as well as the right to health under international human rights law.
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Document type: Briefing
International Standards and Technical Barriers to Trade
The document examines the application of the WTO Agreement on Technical Barriers to Trade (TBT) to non-product related Process and Production Method (npr PPM) standards, such as social and environmental standards. It argues that if npr PPM standards fall outside the TBT scope, governments are generally free to adopt them, subject to GATT non-discrimination rules. If they fall within the TBT scope, the agreement encourages the use of relevant international standards as a basis for national regulations, providing a rebuttable presumption that such regulations do not create unnecessary obstacles to trade.
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Document type: Briefing
Referencing International Standards in Government Procurement
The document argues that WTO rules permit governments to use non-product related Process and Production Method (npr PPM) standards, such as social and environmental criteria, in government procurement. It clarifies that the TBT Agreement does not apply to government procurement, which is instead governed by the GPA for signatory countries. Under the GPA, technical specifications should be based on international standards where appropriate, and the term 'most advantageous' tender allows for the inclusion of non-economic advantages. The document also discusses the lack of a definitive WTO list of 'recognized bodies' for international standards, suggesting that recognition is established de facto through factors like ISO inclusion, government funding, and openness to participation by WTO members.
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Document type: Briefing
Brazil — Measures Affecting Imports of Retreaded Tyres (WT/DS332)
The Center for International Environmental Law (CIEL) has requested that the WTO Panel in the Brazil—Measures Affecting Imports of Retreaded Tyres case consult with parties to allow the first panel hearing to be web-cast. CIEL argues that such transparency is essential for cases involving public health, safety, and the environment, citing a precedent from the Beef Hormones dispute where a hearing was open via closed-circuit television in September 2005. The organization emphasizes that internet access would specifically benefit citizens from developing countries who cannot travel to Geneva.
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Document type: Statement
Legislation to Implement the POPs, PIC, and LRTAP POPs Agreements
The testimony compares two legislative proposals, H.R. 4800 (Solis bill) and H.R. 4591 (Gillmor bill), to amend the Toxic Substances Control Act (TSCA) for the implementation of the Stockholm, Rotterdam, and LRTAP POPs agreements. The author argues that the Gillmor bill would weaken health safeguards by introducing a cost-benefit balancing standard and preempting state regulations, whereas the Solis bill aligns with the Stockholm Convention's health-based standards and allows states to maintain stricter protections.
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Document type: Statement
EC-Biotech: Overview and Analysis of the Panel's Interim Report
This briefing analyzes the February 7, 2006, interim report from a World Trade Organization (WTO) Dispute Settlement Panel regarding the EC-Biotech case, which found certain European Communities measures inconsistent with WTO rules.
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Document type: Briefing
IPEN Dubai Declaration for a Toxics-Free Future
The IPEN Dubai Declaration outlines a comprehensive strategy to eliminate persistent organic pollutants (POPs) and other toxic chemicals by 2020. It calls for the adoption of the precautionary principle, the 'no data, no market' rule, and the 'polluter pays' principle. The declaration emphasizes protecting vulnerable populations, including children and indigenous communities, and advocates for a just transition for workers. It further urges the expansion of international agreements like the Stockholm and Rotterdam Conventions and the establishment of a dedicated chemical safety focal area within the Global Environment Facility (GEF).
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Document type: Statement
The Brazil - Retreaded Tires Case
The document examines the conflict between trade rules and environmental protections in the Brazil-Retreaded Tires case, focusing on the risk of developed nations exporting waste problems to developing countries.
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Document type: Report
EC-BIOTECH: OVERVIEW AND ANALYSIS OF THE PANEL’S INTERIM REPORT
The WTO Panel found that the EC's de facto moratorium on biotech approvals and several product-specific delays violated procedural requirements of the SPS Agreement by causing "undue delay." Additionally, safeguard measures adopted by EC Member States (including France, Germany, Italy, and Greece) were found inconsistent with the SPS Agreement because they were not based on a risk assessment. However, the Panel ruled that the general moratorium itself was a procedural decision rather than a substantive SPS measure, meaning it was not subject to the science-based risk assessment requirements of Article 5.1. The Panel also rejected the EC's argument that the Convention on Biological Diversity and the Cartagena Protocol on Biosafety should be used to interpret WTO rules, as not all parties to the dispute were parties to those treaties.
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Document type: Report
Legislation to implement the Stockholm Convention on Persistent Organic Pollutants (POPs)
The document advocates for the adoption of the Solis bill (H.R. 4800) to implement the Stockholm Convention on Persistent Organic Pollutants in the United States. The signatories argue that the Solis bill ensures timely EPA action, adopts a health-based regulatory standard, and respects state-level protections. In contrast, they claim the Gillmor bill (H.R. 4591) would weaken safeguards by introducing cost-benefit standards and preempting state regulations.
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Document type: Statement
A Forecast for U.S. Reform of Chemicals Policy
The report argues that the U.S. federal framework for chemical regulation, primarily the Toxic Substances Control Act (TSCA), is fundamentally flawed and overdue for reform. It highlights that TSCA allows the majority of chemicals on the market to escape scrutiny and limits the EPA's ability to ban substances. While federal political polarization hinders national reform, the document identifies 'scattered sunshine' in the form of proactive state legislation (notably in California and Maine), the influence of the European Union's REACH regulation, and a shift among some U.S. businesses toward safer alternatives to maintain global competitiveness. It concludes that while the immediate political climate is challenging, long-term pressure from international standards and state-level 'laboratories' makes comprehensive reform inevitable.
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Document type: Report
Democratizing international dispute settlement: The case of trade and investment disputes
The paper examines the 'democratic deficit' in international dispute settlement, focusing on the World Trade Organization (WTO) and investor-state arbitration. It argues that these processes often lack transparency and public participation despite their significant impact on domestic public policy, human rights, and the environment. While the WTO has made some progress in publishing reports and accepting amicus curiae briefs, it still maintains confidential submissions and closed hearings. Investor-state arbitration is described as even more secretive, often based on private commercial models where the public may not even know a proceeding has begun. The author calls for reforms to these rules to ensure that decisions affecting the public are subject to public scrutiny.
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Document type: Research paper
North American Civil Society Statement to the Ninth Special Session of the UNEP Governing Council/Global Ministerial Environment Forum
The document outlines a series of policy recommendations from North American civil society to UNEP, emphasizing the region's responsibility as a major producer of chemicals and emitter of greenhouse gases. It calls for the achievement of the 2020 chemicals safety goal, a transition to sustainable energy services, and the integration of sustainability into all forms of tourism.
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Document type: Statement
Disclosure Requirements: Ensuring mutual supportiveness between the WTO TRIPS Agreement and the CBD
The document examines the conflict between global intellectual property (IP) regimes and the Convention on Biological Diversity (CBD), focusing on 'biopiracy'—the misappropriation of genetic resources and traditional knowledge. It argues that requiring patent applicants to disclose the source of biological materials and provide evidence of prior informed consent (PIC) and benefit-sharing would create synergies between trade and biodiversity goals. While some experts suggest national or voluntary measures, others advocate for mandatory amendments to the TRIPS Agreement to ensure a level playing field. The report highlights specific cases of misappropriation in Peru and discusses various legal mechanisms, such as certificates of origin, to improve traceability and fairness in the patent system.
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Document type: Report