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The authors propose 'competitive sustainability' to resolve the conflict between international trade and environmental protection. They argue that the current status quo allows countries with weak environmental laws to maintain a competitive cost advantage, effectively subsidizing unsustainable production. To counter this, the paper suggests implementing environmental countervailing duties to internalize external costs and encourage the adoption of higher standards. The authors advocate for a 'carrot-and-stick' approach, combining these duties with trade incentives and technology transfers, particularly for developing nations. Furthermore, they propose reforming GATT's standard of review to give more deference to environmental goals and expanding the role of NGOs and private companies in trade dispute resolution to ensure ecological accountability.

The document is a curated bibliography compiled by David Downes for the Center for International Environmental Law in 1992. It lists legal precedents, international directives, and scholarly articles that explore the relationship between human rights and the environment, with a particular focus on indigenous peoples' rights, the role of international development banks, and the emerging concept of a right to a healthy environment.

The document analyzes the fragmented nature of U.S. export laws for hazardous substances, noting that there is "no single, unified approach" across different statutes. It details specific requirements for notification, consent, labelling, and reporting under acts such as TSCA, RCRA, and FIFRA, while also outlining the restrictions on exporting unapproved new drugs and radioactive materials. Additionally, it includes an appendix on the Basel Convention's framework for transboundary movements of hazardous waste.

The Montreal Protocol implements a phase-out of ozone-depleting substances (ODS) by 2000, utilizing trade restrictions to ensure global compliance. It prohibits Parties from importing controlled substances from non-Parties and, as of January 1, 1993, restricts exports to non-Parties. To support developing countries (Article 5 Parties), the Protocol allows a ten-year deferral of obligations and established a Multilateral Fund to cover incremental costs of technology transition. While these measures aim to prevent 'leakage' of ODS production to non-signatories, they create potential legal tensions with the General Agreement on Tariffs and Trade (GATT), particularly regarding quantitative restrictions and the Most-Favored-Nation (MFN) principle.

The document argues that conflicts between free trade policies, which seek efficient resource allocation, and environmental policies, which seek resource maintenance, must be reconciled. It highlights concerns that current economic development is unsustainable and may lead to 'uneconomic growth' where costs exceed benefits. The text specifically examines the General Agreement on Tariffs and Trade (GATT) and other trade provisions against international environmental agreements and domestic laws to find ways to reduce legal frictions.

The author critiques the utilitarian (Millsian) approach to trade and environment, arguing that environmental imperatives—such as species preservation—are categorical duties that should not be balanced against economic gains. The paper proposes 'competitive sustainability,' a system where trade rules are redesigned to reward clean growth through mechanisms like environmental countervailing duties and expanded public participation in trade disputes.

The document analyzes the tension between the push for stronger international intellectual property (IP) protections—led primarily by the United States through GATT, NAFTA, and 'Special 301' actions—and the needs of developing countries for technology transfer and fair compensation for biological resources. It explores how IP rights can act as both a potential barrier to the dissemination of environmentally sound technologies and a possible incentive for sustainable innovation. Specifically, it discusses the conflict surrounding the Convention on Biological Diversity, where the US refused to sign due to concerns that 'fair and equitable' sharing of biotechnology benefits would undermine IP rights. The author concludes that while IP monopolies can increase costs for poorer nations, they are not inherently inimical to environmental protection and may actually encourage the development of green technologies.

The document examines the necessity for the EBRD to integrate sustainable development into its operations, emphasizing the interdependence of economic health and environmental quality. It proposes a framework based on the principles of futurity, equity, and the value of the environment, while suggesting specific accounting methods and project appraisal criteria to ensure that development does not compromise the needs of future generations.

The report critiques the IFC's Green Equity Approach (GEA), noting that while it aims to phase out coal by 2030, loopholes allow continued fossil fuel financing. It proposes ten essential reforms, including extending the ban to oil and gas, closing underwriting loopholes, ensuring gender equality, and implementing full public disclosure of sub-projects to achieve true Paris alignment.

The synopsis asserts that the petroleum industry was unequivocally warned of climate change by 1968 and that internal documents from companies like Exxon show a stark contrast between their internal scientific certainty and their public campaigns of disinformation. It highlights that while these companies protected their own infrastructure from rising sea levels and warming, they funded 'AstroTurf' organizations and misinformation plans to ensure the public viewed climate science as uncertain. The document also notes that attribution science now allows for the tracing of specific climate impacts to individual companies, providing a legal basis for accountability.

The document provides a detailed comparative analysis of six EIA regimes, examining how they determine which activities require assessment, who conducts and pays for the studies, the timing of the process, scoping requirements, the types of impacts considered, the evaluation of alternatives, mitigation measures, review processes, final decision-making, post-decision monitoring, and the extent of public participation.

CIEL supports the Adaptation Fund Board's proposed Environmental and Social Policy but argues it requires stronger human rights safeguards, more rigorous impact assessments, and a robust, independent grievance mechanism to ensure accountability for implementing entities.

The document argues that the TRIPS Agreement is imbalanced, favoring producers and Northern countries over consumers and Southern countries, which undermines sustainable development. It analyzes the Doha Ministerial Declaration's role in addressing public health, the need for technology transfer to least-developed countries, and the conflicts between TRIPS and the Convention on Biological Diversity (CBD). The author advocates for the protection of traditional knowledge through sui generis systems and the requirement of prior informed consent for the use of genetic resources in patent applications.

The document argues that because the OECD failed to reach a consensus on the Basel Convention's Plastic Waste Amendments, plastic wastes classified as "other wastes" (Annex II) fall outside the scope of the OECD Decision. Consequently, OECD members that are Parties to the Basel Convention must apply the Convention's control and prohibition mechanisms to these wastes. The analysis further concludes that separate agreements, specifically between the US and Canada and among EU member states, are invalid under Article 11 of the Basel Convention because they do not provide equivalent levels of environmental protection and control.

The Center for International Environmental Law (CIEL) asserts that trade liberalization in forest products, specifically through WTO tariff reductions and APEC non-tariff measure reviews, can intensify forest loss, degradation, and the introduction of alien species. CIEL argues that current international and national forest protection frameworks are inadequate to ensure sustainable trade. The document criticizes the USTR/CEQ review process as inadequate in duration and scope, urging the U.S. government to adopt formal environmental assessment procedures based on the National Environmental Policy Act (NEPA) and to promote forest protection measures in tandem with trade liberalization.

The document argues that a comprehensive assessment of the General Agreement on Trade in Services (GATS) is essential for developing countries to determine if the Uruguay Round delivered promised benefits and to inform future liberalisation negotiations. It suggests moving beyond quantitative trade flow data to include qualitative indicators related to sustainable development, such as access to water, health, and education. The authors recommend that developing countries use written submissions to the Council for Trade in Services (CTS), identify priority sectors like transport and tourism for study, and seek technical and financial assistance to bridge research gaps.

The document provides legal arguments to support a lawsuit against the Panamanian National Environmental Authority (ANAM) regarding the Barro Blanco Hydroelectric Project. It contends that the project's EIA was approved without adequate consultation or the free, prior, and informed consent of the Ngäbe people, violating international human rights and environmental law. The brief highlights specific failures, including a single public forum conducted only in Spanish and the omission of critical data regarding indigenous territories adjacent to the Ngäbe-Buglé Comarca.

The letter argues that the current lack of controls on the global trade of waste plastic leads to 'global plastic dumping' in developing countries, exacerbating the marine debris crisis and harming public health. It specifically highlights how China's ban on plastic imports has shifted waste flows toward Southeast Asian countries that may lack the capacity for environmentally sound management. The authors request the removal of 'B3010: solid plastic wastes' from Annex IX and the addition of 'Y48: Solid plastic waste' (contaminated or mixed plastics) to Annex II to increase transparency and allow countries to make informed decisions about imports.

The document asserts that plastics are fundamentally incompatible with a true circular economy because they rely on non-renewable fossil feedstocks and leach toxic chemicals. It warns that the term 'circular economy' is often used as greenwashing by the plastics industry to relabel waste management and burning as circular. The author recommends capping plastics manufacture and use by 2025, eliminating toxic chemicals in a new global plastics agreement, and prioritizing reuse and refill over waste management.

A letter from Peter Mandelson, European Commissioner for Trade, to the Center for International Environmental Law (CIEL) regarding the disclosure of written submissions in the WTO dispute 'Brazil — Measures affecting retreated tyres'.