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1,100 documents from Center for International Environmental Law
Public interest groups reject the U.S. Environmental Protection Agency's February 25th draft amendments to the Federal Insecticide, Fungicide, and Rodenticide Act that would implement the Stockholm POPs Convention, LRTAP POPs Protocol, and Rotterdam PIC Convention
A coalition of environmental and health organizations rejected the EPA's February 25, 2004, draft amendments to FIFRA, arguing the bill fails to adequately implement the Stockholm Convention on Persistent Organic Pollutants (POPs). The groups contend the draft ignores health-based standards, fails to align domestic regulation with international POPs listings, and lacks a transparent public comment process. They further argue that the administration is using the bill to advance a "fringe constitutional theory" regarding the non-delegation of power to international bodies.
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Document type: Statement
Oppose the Central American Free Trade Agreement (CAFTA) – Recently Released Text Falls Short on Environment
A coalition of environmental organizations urges the U.S. Congress to oppose CAFTA, asserting that its investor rules allow foreign companies to challenge environmental laws in international tribunals and that its environmental safeguards are insufficient to support sustainable development in Central America.
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Document type: Statement
silentinvasion_buildingcapacity-397e4c6dd19c7eed.pdf
The briefing outlines strategies for Small Island Developing States (SIDS) to combat invasive alien species (IAS), emphasizing that prevention is more cost-efficient than eradication. It advocates for multi-disciplinary legislative frameworks, regional information exchange to prevent one country's inaction from undermining another, and the use of scientific baselines to identify vulnerable ecosystems. The document highlights various funding sources and international resources, including the Global Environment Facility and the Global Invasive Species Programme, to support these capacity-building efforts.
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Document type: Briefing
A los Ministros de Comercio
The Alliance for Responsible Trade (ART) warns Trade Ministers that proposed intellectual property rules in the Free Trade Area of the Americas (FTAA) could limit governments' ability to provide affordable essential medicines and undermine national sustainable development projects by exceeding TRIPS agreement standards. The coalition also calls for greater transparency in the negotiation process, requesting the publication of clear texts and the holding of national and regional public hearings to ensure substantive civil society dialogue.
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Document type: Statement
Draft U.S. Model Bilateral Investment Treaty-Draft Comments from the Department of State Subcommittee on Investment
The Center for International Environmental Law (CIEL) has formally critiqued a draft report from the Department of State Subcommittee on Investment, claiming it unfairly favors the investment community. CIEL identifies specific inaccuracies, such as the false claim that environmental and labor groups oppose any limitation on governmental authority to regulate, and notes a lack of mention regarding transparency and public participation in dispute settlement. The organization urges a revision of the report to ensure it is balanced and neutral before finalization.
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Document type: Statement
bit_comments_jan16041-044c0c833e72a2a6.pdf
The document argues that the draft model BIT lacks necessary obligations for investors and creates imbalanced 'investor-state' dispute settlement procedures that threaten public interest laws. The authors highlight failures to meet the 'no greater rights' standard, specifically regarding expropriation, minimum standards of treatment, and the definition of investment. They also criticize the lack of an appellate mechanism, the absence of a requirement to exhaust domestic remedies, and weak protections for the environment and labor rights.
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Document type: Statement
Prepatory Committee for UNCTAD XI Hearing Statement of Stephen Porter
Stephen Porter of CIEL argues that UNCTAD should critically assess the benefits of investor-protection regimes, support developing countries facing pressure in bilateral trade and investment negotiations, and more aggressively promote alternative energy and environmental impact assessments in its development models.
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Document type: Statement
Enhanced Access to Information and Ability to Participate Effectively
A coalition of organizations requests that the Office of the United States Trade Representative (USTR) adopt specific transparency measures for trade negotiations, including the timely publication of proposed agreement texts and negotiating proposals on its website to ensure broader public participation and avoid perceived bias.
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Document type: Statement
IP QUARTERLY UPDATE: SECOND QUARTER 2004
The document analyzes the intersection of intellectual property and development, highlighting the risks of fragmented negotiations across different international bodies. It focuses on three critical issues for the September 2004 WIPO General Assembly: the interrelation between the Convention on Biological Diversity (CBD) and IP disclosure requirements, the proposed treaty on the protection of broadcasting organizations, and the future of the Substantive Patent Law Treaty (SPLT). Additionally, it tracks IP-related activities in the WTO, WHO, UNCTAD, and various bilateral 'TRIPS-plus' trade agreements, arguing that developed countries often use bilateral fora to circumvent multilateral flexibilities.
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Document type: Report
INTELLECTUAL PROPERTY AND DEVELOPMENT: OVERVIEW OF DEVELOPMENTS IN MULTILATERAL, PLURILATERAL, AND BILATERAL FORA
The report examines the shift in intellectual property standard-setting from multilateral forums like the WTO and WIPO to bilateral and regional trade agreements. It highlights the risk of "TRIPS-plus" provisions—standards exceeding the WTO's TRIPS Agreement—which erode flexibilities for developing countries. A central focus is the application of non-violation complaints in bilateral deals (e.g., US-Chile, CAFTA), which the authors argue could make WTO discussions irrelevant and restrict the right of states to regulate IP in the public interest. The document also updates activities in the TRIPS Council, WIPO's committees on patents and genetic resources, and various UN agencies regarding traditional knowledge and public health.
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Document type: Report
IP QUARTERLY UPDATE: THIRD QUARTER 2004
The document examines the intersection of intellectual property and development, focusing on the implementation of the ITPGRFA's multilateral system for access and benefit-sharing. It analyzes ambiguities in the treaty regarding the patenting of genetic resources and the enforcement of Material Transfer Agreements (MTAs). Additionally, it tracks IP-related activities in the WTO, WIPO, and various other international bodies, while highlighting a trend where developed nations, particularly the US and EU, pursue 'TRIPS-plus' standards through bilateral and regional free trade agreements to circumvent multilateral flexibilities.
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Document type: Report
IP QUARTERLY UPDATE: FOURTH QUARTER 2004
The document analyzes the state of the TRIPS Agreement and other IP negotiations in late 2004, highlighting the efforts of developing countries to integrate biodiversity and public health concerns into international law while warning against 'TRIPS-plus' standards in bilateral trade agreements.
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Document type: Report
Letter to Ms. Harrison pursuant to USTR documents under FOIA
A formal Freedom of Information Act (FOIA) request submitted by Friends of the Earth – U.S. and other environmental organizations to the United States Trade Representative for documents concerning investment provisions in various U.S. free trade agreements.
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Document type: Statement
Letter to Ms. Harrison pursuant to USTR documents under FOIA
The Center for International Environmental Law (CIEL), along with Friends of the Earth – US, Natural Resources Defense Council, and Defenders of Wildlife, submitted a FOIA request to the USTR for all environmental provisions and supporting documents of free trade agreements negotiated since early 2003, specifically mentioning agreements with Morocco, Colombia, Australia, and Central America.
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Document type: Statement
Synthesis of Major Concerns
The document outlines concerns that investment agreements do not necessarily attract foreign direct investment and may instead undermine public interest regulations, discriminate against local investors, and impose significant financial liabilities on governments through investor-state arbitration.
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Document type: Fact sheet
Draft Issue Brief
The report analyzes how Export Credit Agencies (ECAs) operate within the OECD Arrangement and the WTO's ASCM, highlighting a 'safe haven' clause that protects OECD members from subsidy prohibitions. It details the Brazil-Canada aircraft disputes to illustrate the difficulties developing countries face in challenging secretive ECA practices. The document argues that ECAs lack sufficient environmental and social guidelines, though it notes a slow trend toward improved sustainability standards.
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Document type: Report
The right to water and trade in services
The document argues that the human right to water requires states to maintain regulatory autonomy and flexibility, which may conflict with the trade liberalization goals of the WTO's GATS. It specifically examines how market access commitments, national treatment obligations, and proposed disciplines on domestic regulation could restrict a government's ability to use public monopolies, implement universal service obligations, or maintain environmental zoning and quality standards. The authors propose a 'progressive approach' where trade law is interpreted in deference to national regulatory autonomy to ensure that basic services are not left to the 'whim of markets'.
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Document type: Research paper
BTC Pipeline and ACG Phase 1 Projects Environmental and Social Documentation
The IFC asserts that the BTC Pipeline and ACG Phase 1 projects comply with its environmental and social safeguard policies, rejecting claims from NGOs that the projects lacked proper alternatives analysis, failed to protect natural habitats, or violated involuntary resettlement and indigenous peoples' policies. The document details the IFC's due diligence, including the use of Resettlement Action Plans (RAPs), the implementation of a US$2.5 million Natural Habitats Offset Program, and the conduct of Multi-stakeholder Forum meetings with over 800 participants. It specifically defends the routing through Georgia's Modified Central Corridor and the use of 'expedited expropriation' under Article 27 of Turkey's Expropriation Act, arguing these measures were necessary and legally sound.
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Document type: Report
The Inspection Panel: Accountability and Participation at the World Bank
The World Bank Inspection Panel (WBIP) is described as an effective mechanism for ensuring that World Bank policies are implemented and that marginalized groups affected by projects are heard. While it has served as a model for other regional development banks and export credit agencies, the document identifies several critical challenges. These include the need for monitoring and follow-up after investigations, the Bank's perceived immunity from human rights norms, the weakening of safeguard policies, the shift toward sectoral and structural adjustment loans, and a tendency to shift accountability from the Bank to borrower countries.
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Document type: Statement
GATS, Water and the Environment
The document argues that the GATS creates a 'lock-in' effect that conflicts with the flexibility required for adaptive water management. It identifies twelve areas of potential conflict, including market access restrictions on water extraction, the use of technical standards for pollution control, and the requirement for sustainability impact assessments. The authors recommend that WTO members refrain from new commitments in water-sensitive sectors and amend the GATS to include a specific environmental exception for natural resources.
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Document type: Research paper