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The document argues that the Kyoto Protocol lacks a clear system for managing Annex I Parties that exceed their assigned emission amounts at the end of a commitment period. It proposes a Compliance Fund where Parties can pay a fee—based on mitigation costs plus a multiplier—to receive emissions credits that 'make the climate whole' by funding reliable GHG mitigation projects. This is presented as a superior alternative to 'borrowing' from future periods, which the authors claim merely shifts the burden to future generations. For willful non-compliance, the report suggests 'Compliance Assessments' (monetary penalties) that could be enforced through a 'Compliance Assessment Recognition Agreement,' allowing these assessments to be treated as arbitral awards enforceable in domestic courts.

The Center for International Environmental Law (CIEL), on behalf of COICA and the Amazon Coalition, is challenging Plant Patent No. 5,751 issued to Loren Miller for a variety of Banisteriopsis caapi called “Da Vine.” The challenge argues the patent is invalid because the plant's medicinal qualities were already known as “prior art” through indigenous use, its physical features are typical of the species, and it is found in an uncultivated state in the Amazon basin. Beyond this specific case, the authors argue that the U.S. patent system fails to recognize traditional knowledge systems and risks the appropriation of biological diversity without consent or compensation, urging the Patent and Trademark Office (PTO) to develop new principles to balance private rights with the public domain.

The Center for International Environmental Law (CIEL), representing COICA and the Amazon Coalition, requests the reexamination of U.S. Plant Patent No. 5,751 for the 'Da Vine' cultivar of Banisteriopsis caapi. The request argues that the patent is invalid because the plant's characteristics—specifically its rose-colored flowers—are typical of the species and documented in prior art from U.S. herbaria. Furthermore, the document asserts that the plant is found in an uncultivated state and that granting a patent over a sacred plant used in indigenous Amazonian religious and medicinal traditions violates public policy and international principles like the Convention on Biological Diversity.

The document argues that designing an effective compliance system is a top priority for Kyoto Protocol negotiations to ensure the downward trend of greenhouse gas emissions. It suggests that compliance institutions should be designed to identify implementation issues, allow for Party clarification, transparently assess questions, and automatically apply consequences to achieve the Protocol's emission reduction targets.

The document analyzes a spectrum of decision-making models in international law, ranging from strict consensus to majority voting, to identify effective procedures for managing highly migratory fish stocks in the Western and Central Pacific.

The document provides a legal and scientific defense of U.S. Section 609 measures, which prohibit shrimp imports from nations that do not require the use of turtle excluder devices (TEDs). It asserts that TEDs are the only effective means of preventing the extinction of endangered sea turtles caused by mechanized shrimp trawling. The brief argues that these measures are justified under GATT Article XX(g) as they relate to the conservation of exhaustible natural resources and are consistent with international obligations under CITES, UNCLOS, and the Convention on Biological Diversity. It further contends that the measures do not constitute arbitrary discrimination or disguised restrictions on trade, and advocates for the acceptance of amicus briefs in WTO disputes to ensure public participation in sustainable development.

The document analyzes the use of registries and databases to document traditional knowledge associated with biodiversity. It evaluates how existing intellectual property (IP) frameworks—including copyright, patents, trade secrets, and the European Union's sui generis database rights—interact with these registries. The authors highlight a fundamental tradeoff: public registries promote preservation and can prevent third-party patenting by establishing 'prior art,' but they also increase the risk of misappropriation due to the limited legal protection for traditional knowledge. Case studies from India (People's Biodiversity Registers and SRISTI's Honey Bee) and Canada (Inuit of Nunavik and Dene) illustrate different approaches to documentation and access control. The paper concludes that current international law is inadequate for protecting traditional knowledge and suggests a combination of national legislation, professional codes of practice, and international multistakeholder institutions to ensure equitable benefit-sharing.

The document examines how trademarks and geographical indications (GIs) can be used to reward sustainable production and protect traditional knowledge. Through case studies of kava, rooibos tea, quinoa, basmati rice, and neem, it assesses the viability of these legal tools in creating niche markets that benefit local custodians of biodiversity while preventing unauthorized commercial exploitation.

The document warns against adopting a deregulatory investment model for the FTAA, citing the destabilizing effects of short-term speculative capital flows seen in the Asian and Mexican financial crises. It argues that broad definitions of investment and 'national treatment' provisions in NAFTA and the MAI would prohibit essential capital controls and 'speed bumps' used by countries like Chile and Colombia to maintain economic stability. Furthermore, the text contends that such rules threaten environmental protection by allowing corporations to sue governments for 'regulatory expropriation' and by banning performance requirements that mandate technology transfer to developing nations. The authors recommend that any hemispheric agreement must preserve the right of states to regulate currency convertibility, mandate technology transfer, and utilize transparent dispute resolution mechanisms that include civil society participation.

The report warns against the deregulation of investment within the Free Trade Area of the Americas (FTAA), specifically criticizing the adoption of models from NAFTA and the OECD's Multilateral Agreement on Investment (MAI). It argues that broad definitions of investment and restrictive rules on capital controls increase vulnerability to speculative 'hot money' and financial crises, as seen in Mexico and East Asia. Furthermore, it contends that such frameworks undermine environmental protection by allowing corporations to challenge public health and environmental regulations through secretive investor-state dispute settlement mechanisms and by prohibiting performance requirements like technology transfer.

The document outlines public interest concerns regarding the expansion of intellectual property rights, specifically the 1999 WTO review of Article 27.3(b) of the TRIPS Agreement. It argues against requiring WTO members to recognize patents on plants and animals, citing risks to biodiversity, indigenous rights, and market competition. The author contends that the current system favors industrialized nations and corporate interests, calling for a more democratic, socially managed approach to intellectual property that considers ethical and environmental impacts before further expanding patent requirements.

The survey found that while most non-US export credit agencies claim to consider environmental issues, none had detailed written environmental policies as of September 1998. Australia's EFIC was identified as having the most comprehensive standards due to legal mandates, while Israel's IFTRIC explicitly stated it does not consider environmental issues. Several agencies, including those in France and Germany, began adopting questionnaires in response to a 1998 OECD Resolution.

The document assesses the role of the United States in the global effort to combat climate change following the 1997 Kyoto Protocol. It argues that the U.S. has failed to lead, contributing to 27% of annual global greenhouse gas emissions while resisting binding domestic action. The authors highlight critical loopholes in the Kyoto Protocol, such as the use of surplus emissions allowances from former socialist economies and ambiguous forest activity definitions. To ensure the treaty's success, the brief recommends that the U.S. implement mandatory domestic programs, defer demands for immediate binding commitments from developing countries, and support the Global Environment Facility.

The World Bank Inspection Panel was established in 1993 to provide a mechanism for citizens adversely affected by Bank projects to seek independent analysis of policy compliance. While the Panel has the potential to shift the Bank from a "culture of approval" to a "culture of results" by amplifying local voices, the document argues that its impact is limited by Bank Management's adversarial responses, the Board of Directors' reluctance to authorize full investigations, and a divide between donor and borrowing countries. The authors highlight systemic violations of policies regarding project supervision and involuntary resettlement, noting that claimants often face significant risks, including violence, when seeking accountability. The paper recommends empowering the Panel to set its own terms of reference, involving claimants more deeply in the process, and utilizing independent legal counsel to avoid conflicts of interest.

The document examines the intersection of international environmental law and foreign direct investment (FDI), highlighting the tension between global capital flows and sustainable development. It analyzes emerging legal principles such as the precautionary principle and polluter pays principle, the impact of treaties like the Montreal Protocol and the Kyoto Protocol, and the role of international financial institutions in setting environmental benchmarks. The authors argue that while international investment agreements often lack enforceable environmental requirements, there is a growing trend toward greater corporate accountability through transnational litigation and the application of home-country laws to activities abroad.

The study focuses on distilling principles from the draft Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters to enhance public participation in international organizations. It intends to examine existing participation opportunities in international fora where UNECE Member States are active and identify methods for Parties to further promote these principles within those institutions.

The document explains the role of the World Bank Inspection Panel as an independent mechanism for affected parties to report violations of Bank guidelines. It details the eligibility criteria for claimants, the step-by-step process from filing a request to the final decision by the Board of Executive Directors, and provides practical advice on documenting grievances and accessing information. The guide also includes specific World Bank operational directives on involuntary resettlement, environmental assessment, and indigenous peoples.

The Istra region's rivers and lakes provide up to 10 percent of Moscow's drinking water, making the maintenance of environmental cleanliness vital. However, expanding human economic activity is increasing negative impacts on surface water. The document identifies the establishment of water protection zones as a basic measure for sustainable environmental management and the protection of water quality.

A conference was held in Zvenigorod, Russia, from 28-30 May 1997, to discuss public participation in environmental decision-making. The event was a collaborative effort between the State Committee for Environmental Protection of the Russian Federation, the Russian-US Environmental Law Task Force, USAID, the US EPA, and the Center for International Environmental Law, bringing together government officials, NGOs, and academics.

The Center for International Environmental Law (CIEL) argues that Joint Implementation (JI) should not move from its pilot phase to full crediting without an independent evaluation and a comprehensive legal framework. While acknowledging JI's potential to lower abatement costs and foster technology transfer, the paper highlights significant risks, including the potential for 'neo-colonialism', the displacement of food production by forestry projects, and technical difficulties in measuring 'additionality' and 'leakage'. CIEL proposes twelve principles, emphasizing that Annex I countries must meet the majority of their emissions targets through domestic reductions rather than offsets, and that JI projects must provide guaranteed environmental and socio-economic co-benefits beyond carbon sequestration.