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895 documents from Center for International Environmental Law
Reform Options for ISDS
This briefing by the Center for International Environmental Law outlines several reform options for Investor-State Dispute Settlement (ISDS) to be considered by UNCITRAL Working Group III. The document argues that current ISDS mechanisms are asymmetrical, often ignoring state obligations and public interest, and proposes alternatives such as multilateral treaty termination, the allowance of state counterclaims, public interest carve-outs, 'clean hands' clauses for investors, the requirement to exhaust local remedies, and expanded third-party access to proceedings.
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Document type: Briefing
UNCITRAL Arbitrations Involving State as a Party -- Transparency, Public Participation and Accountability
The Center for International Environmental Law (CIEL) argues that existing UNCITRAL arbitration rules are insufficient for cases involving State parties because they were designed for private commercial disputes. CIEL recommends that UNCITRAL establish distinct rules for State arbitrations to ensure transparency, public participation, and accountability, citing the significant public policy implications and monetary liabilities associated with such cases.
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Document type: Statement
unep_mercury_july2011_letter-d0e791dec0155efd.pdf
This document is a note from the secretariat of the intergovernmental negotiating committee to prepare a global legally binding instrument on mercury. It presents a new draft text for the instrument, incorporating views and proposals submitted by parties during the committee's second session in Chiba, Japan, and subsequent written submissions. The draft outlines various options for regulating mercury supply, international trade, mercury-added products, manufacturing processes, artisanal and small-scale gold mining, and emissions and releases to air, water, and land.
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Document type: Briefing
Reclaiming Climate Justice: United Call for an Urgent Reform of the UN Climate Talks
A joint statement by over 200 organizations, including Climate Action Network (CAN) and YOUNGO, calling for a comprehensive reform of the United Nations Framework Convention on Climate Change (UNFCCC) to address power imbalances, corporate capture, and a lack of accountability in climate negotiations.
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Document type: Statement
uslaws_export_hazard_jan1992-39abed67c4aced6e.pdf
This research paper provides a comparative analysis of the United States legal and regulatory frameworks governing the export of controlled and hazardous substances, including chemicals, drugs, pesticides, radioactive materials, and hazardous wastes. The author concludes that there is no single, unified approach to these exports, with requirements for notification, consent, and labeling varying significantly across different statutes.
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Document type: Research paper
wb_bank_procedures-c57c53f9f550347f.pdf
This document consists of a draft operational manual (BP 4.12) and subsequent reports from the Committee on Development Effectiveness (CODE) regarding the World Bank's policies and procedures for Involuntary Resettlement. It outlines the mandatory steps for project teams to minimize displacement, the requirements for resettlement instruments, and the internal governance and appraisal processes used to ensure that displaced persons' livelihoods are restored or improved.
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Document type: Guide
wb_operational_policies-5a6c43d40ded5148.pdf
This document is a draft of the World Bank's Operational Policy (OP 4.12) on Involuntary Resettlement, dated March 6, 2001. It establishes safeguards to mitigate the economic, social, and environmental risks associated with the displacement of people or the restriction of access to natural resources resulting from Bank-assisted investment projects.
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Document type: Guide
WEBCASTING JUDICIAL PROCEEDINGS: CAUSES, BENEFITS AND CONCERNS
This briefing by the Center for International Environmental Law examines the adoption of webcasting in judicial proceedings, detailing the motivations for its use, the benefits it provides, and the associated technical and financial concerns. It specifically highlights the lag in webcasting adoption within international economic dispute settlement bodies compared to other domestic and international courts.
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Document type: Briefing
THE WHO & INTELLECTUAL PROPERTY IN BILATERAL FREE TRADE AGREEMENTS
This statement from the Center for International Environmental Law argues that the World Health Organization (WHO) must actively analyze and intervene in the intellectual property (IP) provisions of bilateral and regional free trade agreements (FTAs). The document asserts that these agreements often impose standards that exceed the TRIPS Agreement, potentially undermining the Doha Declaration on TRIPS and Public Health and restricting access to affordable medicines in developing countries.
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Document type: Statement
CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements
The Center for International Environmental Law (CIEL) provides observations on the first draft of the World Intellectual Property Organization's (WIPO) response to a request from the Convention on Biological Diversity (CBD). CIEL argues that WIPO must recognize the CBD's leading role in biodiversity issues and ensure that international intellectual property rules are modified to prevent the misappropriation of genetic resources and traditional knowledge through mandatory disclosure requirements.
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Document type: Statement
wolfensohn_28sep01_memo-ff896c807230e287.pdf
This memorandum from World Bank President James D. Wolfensohn, dated September 28, 2001, proposes the adoption of Operational Policy and Bank Procedure (OP/BP) 4.12 on Involuntary Resettlement. The document outlines the conversion of the previous Operational Directive (OD 4.30) into the new format, detailing revisions aimed at removing ambiguities and incorporating implementation lessons. It describes the consultation process with internal and external stakeholders, the specific policy changes regarding displaced persons and indigenous peoples, and the reasons why certain external recommendations—such as a mandatory 'prior, informed consent' for indigenous peoples—were not adopted.
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Document type: Briefing
WTO Rules and Key Elements for Consideration in the Context of a Treaty to End Plastic Pollution
This policy brief by the Center for International Environmental Law (CIEL) examines the compatibility of a proposed international legally binding instrument to end plastic pollution with World Trade Organization (WTO) rules. It argues that WTO rules do not prevent the implementation of an ambitious plastics treaty and provides recommendations for drafting treaty provisions to avoid trade disputes.
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Document type: Policy brief
wto_doc_1996-c116afe97f598bad.pdf
This guide, authored by L. Brennan Van Dyke and John Barlow Weiner of the Center for International Environmental Law (CIEL), provides an introduction and critical evaluation of the World Trade Organization (WTO) General Council's July 18, 1996, Decision on the circulation and derestriction of documents. The document explains the mechanisms for making restricted documents public and argues that the current system fails to facilitate meaningful public participation in trade policy-making.
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Document type: Guide
A HANDBOOK FOR OBTAINING DOCUMENTS FROM THE WORLD TRADE ORGANIZATION
This guide, authored by L. Brennan Van Dyke and John Barlow Weiner of the Center for International Environmental Law (CIEL), provides instructions for non-specialists and NGOs on how to access documents from the World Trade Organization (WTO). It details the processes for automatic and requested derestriction of documents and advocates for greater transparency to allow civil society to influence international trade rules.
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Document type: Guide
zoellick_ifc_9feb09-d18c8a2d9b15972e.pdf
A letter from the Center for International Environmental Law (CIEL) to World Bank Group President Robert Zoellick alleging that the International Finance Corporation's (IFC) Agribusiness Department improperly interfered in a Compliance Advisor Ombudsman (CAO) case involving an ethanol project in Nicaragua.
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Document type: Statement