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1,100 documents from Center for International Environmental Law
United Nations Environment Programme North American Regional Civil Society Consultation In Preparation for the 9th Special Session of the UNEP Governing Council/Global Ministerial Environment Forum Facilitator’s Summary
The consultation focused on three primary policy areas: energy and the environment, chemicals management, and tourism and the environment. Participants discussed the role of civil society in engaging with UNEP and worked in parallel groups to draft recommendations for a North American Regional Civil Society Statement. The meeting also served to elect representatives for a global drafting session in Bahrain and the Global Civil Society Forum in Dubai.
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Document type: Report
Open Letter to WTO Director General – Pascal Lamy
The letter argues that the Chair of the Council for Trade in Services (CTS) has manipulated the 'consensus' process by including contested elements in draft texts while requiring full consensus for their removal. The signatories express concern that numerical targets and plurilateral approaches in the General Agreement on Trade in Services (GATS) negotiations will undermine the policy space and development objectives of developing countries and LDCs, while ignoring agreed-upon mechanisms like the emergency safeguard mechanism (ESM).
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Document type: Statement
Lettre ouverte au Directeur général de l'OMC – Pascal Lamy
A group of civil society organizations wrote to WTO Director General Pascal Lamy to protest the 'anti-démocratique' method used by the Council for Trade in Services to draft a ministerial declaration. They argue that the Council President, Ambassador Fernando de Mateo, included proposals—such as numerical targets and plurilateral approaches—that were rejected by many developing countries and least-developed countries, while simultaneously requiring total consensus to remove them. The signatories warn that these measures threaten the development goals of developing nations and favor multinational corporations, calling for a transparent process that reflects the interests of all members, particularly within the Doha Development Agenda.
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Document type: Statement
Carta Abierta al Director General de la OMC - Pascal Lamy ¿Redefiniendo lo que significa “consenso” en la OMC?
The document is an open letter from various civil society organizations to WTO Director General Pascal Lamy, criticizing the process used by the Council for Trade in Services (CTS) to draft the ministerial declaration. The authors argue that the current process allows the Chair to include non-consensual elements—such as numerical targets and plurilateral approaches—while excluding agreed-upon items like the emergency safeguard mechanism (ESM). They warn that forcing countries to open specific sectors through numerical indicators threatens the policy space and development goals of developing countries and Least Developed Countries (LDCs). The letter demands that the final draft presented in Hong Kong use brackets to clearly mark positions where no consensus exists.
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Document type: Statement
Open Letter to Member States of the International Union for the Protection of New Varieties of Plants (UPOV)
The letter calls on the UPOV Council to reform its observer status and information disclosure rules to ensure a more balanced representation of stakeholders, particularly small farmers and indigenous groups, in discussions on plant variety protection.
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Document type: Statement
International Chemicals Management: Background Paper for the 7th Global Civil Society Forum
The document outlines the challenges of global chemicals management, the existing legal frameworks, and the proposed Strategic Approach to International Chemicals Management (SAICM) aimed at minimizing adverse effects on health and environment by 2020.
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Document type: Briefing
Essential Elements of U.S. Leadership in Ratifying the Stockholm Convention on Persistent Organic Pollutants (POPs)
A coalition of environmental and health organizations calls on the U.S. Congress to ratify the Stockholm Convention on Persistent Organic Pollutants (POPs). The authors argue that U.S. absence from the treaty harms its international reputation and limits its influence over the convention's success. They propose three criteria for implementing legislation: ensuring timely action on new POPs, respecting state-level environmental laws, and granting the EPA clear legal authority to act without redundant evaluations or cost-benefit balancing tests.
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Document type: Statement
The Relationship between the TRIPS Agreement and the CBD: The Case for Disclosure Requirements
This briefing note from the Center for International Environmental Law argues for the introduction of disclosure requirements within the TRIPS Agreement to align intellectual property rules with the objectives of the Convention for Biological Diversity (CBD), specifically to prevent the misappropriation of biological resources and traditional knowledge.
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Document type: Report
NAMA NEGOTIATIONS: AN ENVIRONMENTAL PERSPECTIVE
The document argues that WTO NAMA negotiations are largely ignoring environmental risks associated with tariff elimination in sectors like forestry and fisheries. It further cautions against the potential for non-tariff barrier (NTB) negotiations to undermine legitimate domestic environmental, health, and safety standards, while noting that developing countries often lack the capacity to meet these standards.
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Document type: Briefing
Principles and Approaches of Sustainable Development and Chemicals Management for a Strategic Approach to International Chemicals Management (SAICM)
The report analyzes 15 key principles for the Strategic Approach to International Chemicals Management (SAICM), including integrated chemicals management, precaution, and the polluter pays principle. It provides descriptions, legal origins, and recommendations for integrating these concepts into the SAICM Overarching Policy Strategy and concrete implementation measures.
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Document type: Report
PROTECTING TRADITIONAL KNOWLEDGE: MISAPPROPRIATION, INTELLECTUAL PROPERTY, AND THE FUTURE OF THE IGC
The document critiques the revised draft provisions of the WIPO IGC for failing to sufficiently address the role of the intellectual property system in the misappropriation of traditional knowledge. It argues that general protections are inadequate and that effective prevention requires concrete, legally binding international measures, such as mandatory disclosure requirements in patent applications and stricter patentability criteria. The briefing also evaluates different legal vehicles for international implementation, asserting that while 'soft law' approaches may be complementary, only a binding instrument can effectively address misappropriation in 'user countries'. Finally, it conditions the renewal of the IGC mandate on a commitment to tangible intellectual property-related outcomes and parallel progress in other international fora.
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Document type: Briefing
Dialogue on Disclosure Requirements: Incorporating the CBD Principles in the TRIPS Agreement
The policy brief examines the evolution and application of prior informed consent (PIC) in the context of genetic resources, highlighting the rights of States and indigenous communities. It argues that the intellectual property system, specifically through the TRIPS Agreement, should require evidence of PIC during patent applications to prevent the misappropriation of biological wealth and ensure the fair sharing of benefits.
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Document type: Policy brief
USING INTERNATIONAL LAW AND INSTITUTIONS TO PROTECT CHILDREN’S ENVIRONMENTAL HEALTH
The document provides a comprehensive framework for using international human rights, labor, environmental, and health laws to safeguard children's health. It details specific treaties, such as the Convention on the Rights of the Child and the Stockholm Convention, and explains the roles of global institutions like the WHO and UNEP. The guide outlines six primary functions of international law: providing blueprints for action, resolving disputes, promoting compliance, providing fora for discussion, building capacity, and promoting cooperation. It also includes case studies on housing rights in the Philippines and the Yacyretá Hydroelectric Project to demonstrate practical application of these legal tools.
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Document type: Guide
ECO-LABELING STANDARDS, GREEN PROCUREMENT AND THE WTO: SIGNIFICANCE FOR WORLD BANK BORROWERS
The report concludes that WTO rules generally do not prevent World Bank borrowers from using eco-labels in government procurement due to specific 'carve-outs' in major agreements. However, it highlights significant concerns from developing countries regarding the costs and technical burdens of compliance, recommending that the World Bank provide financial and capacity-building support to mitigate these barriers.
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Document type: Report
PETITION FOR TRANSPARENCY AND PARTICIPATION AS AMICUS CURIAE
The petition argues that the arbitration between Aguas Argentinas S.A. and the Republic of Argentina involves essential public services and fundamental human rights, necessitating a transparent process. The applicants contend that neither the ICSID Convention nor the Argentina-France BIT prohibits public access and that Argentine law and international trends support the participation of non-disputing parties.
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Document type: Legal commentary
IP QUARTERLY UPDATE: FIRST QUARTER 2005
The document examines the trend of 'TRIPS-plus' provisions in bilateral trade agreements, particularly those involving the United States, which extend copyright terms to 70 years and implement strict Technological Protection Measures (TPMs) based on the U.S. Digital Millennium Copyright Act (DMCA). It argues these measures undermine the public domain and impede access to knowledge in developing countries. Additionally, the report tracks Q1 2005 developments in the WTO, WIPO, CBD, WHO, and UNESCO, highlighting stalemates over pharmaceutical compulsory licensing, disclosure requirements for genetic resources, and the future work program of the Standing Committee on the Law of Patents.
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Document type: Report
IP QUARTERLY UPDATE: SECOND QUARTER 2005
The report examines the WIPO Development Agenda process, detailing proposals from the Group of Friends of Development (FOD), the UK, and the US to integrate development goals into WIPO's governance, norm-setting, and technical assistance. It also tracks IP-related activities across the WTO, WHO, UNESCO, and various bilateral and regional trade agreements, highlighting a persistent divide between developed and developing nations over TRIPS flexibilities, public health, and the protection of traditional knowledge.
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Document type: Report
IP QUARTERLY UPDATE: THIRD QUARTER 2005
The document examines the conflict between the TRIPS Agreement and the Convention on Biological Diversity (CBD), specifically advocating for mandatory disclosure of the origin of genetic resources and traditional knowledge in patent applications to prevent biopiracy. It also provides a quarterly update on IP negotiations within the WTO, WIPO, and other UN bodies, as well as developments in bilateral and regional free trade agreements involving the US and EU.
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Document type: Report
AN INUIT PETITION TO THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
The authors propose using the Inter-American Commission on Human Rights (IACHR) to hold the United States accountable for climate change impacts on the Inuit. They argue that U.S. emissions, representing approximately 25% of global totals, have caused sea ice retreat and permafrost thaw, threatening Inuit culture and violating rights such as the right to life, health, and property. While the IACHR cannot mandate emission cuts or compensation, a formal finding of human rights violations would provide moral and political leverage and support future litigation.
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Document type: Research paper
Ciel and other civil society organizations express concerns over USTR's proposed appellate mechanism in the investment chapter of the Dominican Republic-Central American-U.S. Free Trade Agreement
A coalition of civil society organizations argues that the proposed appellate mechanism for CAFTA's investment chapter is flawed and could undermine public interest and democratic principles. They advocate for the retention of domestic court review, the creation of a standing appellate body rather than ad hoc tribunals, the inclusion of environmental law expertise among panelists, and the adoption of a de novo standard of review for legal conclusions. Additionally, they call for mechanisms to ensure developing countries can afford to participate in appellate proceedings.
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Document type: Statement