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1,100 documents from Center for International Environmental Law
Legal Analysis of the Consequences of the OECD Non-Consensus Determination on the Basel Plastic Amendment
The document argues that because the OECD failed to reach consensus on the Basel Plastic Amendments, plastic wastes classified as "other wastes" (Annex II) have fallen outside the scope of the OECD Wastes Trade Decision. Consequently, OECD members that are parties to the Basel Convention must apply Basel's prior informed consent (PIC) and ban mechanisms to these wastes. The analysis further concludes that recent arrangements between the US and Canada, and the EU's Waste Shipment Regulation, are invalid as Article 11 agreements because they do not provide an equivalent level of environmental protection and control to the Basel Convention.
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Document type: Report
PLASTIC POLLUTION IS A GLOBAL CRISIS
The document describes the global plastic pollution crisis as a systemic failure driven by increasing production and inadequate waste management. It highlights the environmental and health impacts across land and sea, specifically noting that plastics are projected to account for nearly 20% of total oil consumption and over 10% of the global 1.5°C carbon budget by 2050. The author advocates for a legally binding international framework focusing on reducing production and consumption, eliminating toxic additives, rejecting 'false solutions' like waste-to-energy incineration, and investing in zero waste city models.
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Document type: Statement
Learning the Lessons from Chile’s Alto Maipo Hydroelectric Project
The Alto Maipo Hydroelectric Project in Chile, verified under the Kyoto Protocol's Clean Development Mechanism (CDM), is cited as a failure that violated multiple human rights and environmental standards. The project involves rerouting three tributaries of the Maipo River through tunnels in the Andes Mountains, which the document claims threatens the drinking water of 7 million people in the Santiago metropolitan area and risks reducing river flows by 60-90%. Specific violations include threats to the rights to a healthy environment, water, life, health, food, adequate housing, work, and cultural participation. The document recommends that the project be removed from the CDM list and its construction halted. It further urges COP25 negotiators to ensure that Article 6 of the Paris Agreement incorporates robust social and environmental safeguards and independent grievance mechanisms to prevent similar outcomes in future 'sustainable development' projects.
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Document type: Policy brief
op_annex_412-a208349886c41189.pdf
This document is a draft of the World Bank's Operational Policy (OP 4.12) and Bank Procedures (BP 4.12) regarding Involuntary Resettlement, dated September 25, 2001. It establishes safeguards to mitigate economic, social, and environmental risks associated with the involuntary taking of land or restriction of access to protected areas resulting from Bank-assisted investment projects.
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Document type: Guide
pangue_spanish_190503-31f1238b5225b35c.pdf
This evaluation report by the Office of the Compliance Advisor Ombudsman (CAO) examines a complaint regarding the Pangue hydroelectric project in Chile. The report analyzes the International Finance Corporation's (IFC) role as a minority shareholder and lender, focusing on social mitigation failures, lack of transparency, and the cumulative environmental impacts of the Pangue and Ralco dams.
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Document type: Report
Plastic & Climate
The report details how plastic production and incineration contribute significantly to global greenhouse gas emissions across four lifecycle stages: extraction and transport, refining and manufacture, waste management, and environmental degradation. It warns that by 2050, cumulative emissions from plastic could consume 10-13% of the remaining carbon budget, potentially making the 1.5°C climate target impossible to achieve. The document advocates for an immediate reduction in plastic production and the cessation of new petrochemical infrastructure to mitigate these impacts.
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Document type: Executive summary
Plastic is Carbon
The document contends that plastic production and incineration are significant climate threats, projected to emit 2.8 gigatons of CO2e annually by 2050 and consume up to 13% of the global 1.5C carbon budget. It systematically debunks five industry 'myths' regarding net zero: that clean energy and carbon capture and storage (CCS) can make production emissions-free, that plastic waste is a carbon-free fuel, that plastics can be carbon sinks, that offset schemes are viable, and that bioplastics solve the problem. The author concludes that these narratives are delay tactics and that 'real zero'—reducing production—is the only solution.
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Document type: Fact sheet
塑料星球的隐藏成本
The document details how plastic production, refining, waste management, and environmental degradation contribute to global warming, projecting that cumulative emissions could consume 10-13% of the remaining carbon budget by 2050.
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Document type: Executive summary
pops_bills_28feb2006-95846d82e9477a0d.pdf
The document examines the legislative hurdles preventing the United States from ratifying the Stockholm Convention on Persistent Organic Pollutants (POPs). It analyzes four proposed bills intended to amend the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Toxic Substances Control Act (TSCA), concluding that only the Solis TSCA bill (H.R. 4800) aligns with the treaty's health-based standards and supports state-level environmental protections.
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Document type: Report
pops_frist_22jul05-6cfdd396dee9b91a.pdf
A letter from the U.S. Secretary of State to Senator Bill Frist urging the completion of the legislative process to allow the United States to join the Stockholm Convention on Persistent Organic Pollutants (POPs) and other international chemical agreements.
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Document type: Statement
The Public Participation Convention and Export Credit Agencies
The document examines the three pillars of the Public Participation Convention—access to information, access to decision-making, and access to justice—and argues that export credit agencies, as government agencies, should be subject to these transparency and accountability requirements. It notes that while the Convention is not yet in force, signatories are obligated not to act contrary to its purpose. The paper also discusses the Convention's limited direct application to multilateral development banks and its weak compliance review mechanisms.
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Document type: Research paper
El párrafo 19 de la Declaración de Doha hacia Hong Kong: ¿Un paso adelante para el respaldo mutuo entre el Acuerdo sobre los ADPIC y el Convention sobre la Diversidad Biológica?
The author analyzes the growing consensus among developing nations and some developed entities regarding the need for a 'disclosure of origin' requirement in the patent system to prevent the misappropriation of genetic resources and traditional knowledge. This effort is framed within the context of Paragraph 19 of the Doha Declaration, which tasks the TRIPS Council with examining the relationship between the TRIPS Agreement and the CBD. While countries like Brazil, India, and others advocate for mandatory disclosure and proof of prior informed consent and benefit-sharing, opposition remains from the United States and Japan, though the European Union and Switzerland have shown varying degrees of openness to such systems.
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Document type: Research paper
Quick Views on Obligations and Control Measures of the UNEP Options for Elements Paper (Cluster 1)
The document analyzes the UNEP Options for Elements paper, identifying strengths such as the inclusion of chemicals and trade restrictions, while recommending improvements in upstream interventions, health integration, and the removal of voluntary language. It provides a detailed companion table mapping Member State submissions across twelve categories of core obligations and control measures, including primary polymer reduction, problematic product bans, microplastics, waste management, circular design, and just transition mechanisms.
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Document type: Briefing
States’ Human Rights Obligations in the Context of Climate Change: CERD
The document outlines how the Committee on the Elimination of Racial Discrimination (CERD) has begun integrating climate change into its human rights oversight, specifically regarding the rights of Indigenous Peoples and people of African descent. It details specific recommendations made to El Salvador, Mexico, Guyana, and the Netherlands, while noting that climate-related outputs remain a small fraction of the Committee's total work. The report also highlights the influence of UN Special Rapporteurs, the Working Group of Experts on People of African Descent, and NGOs in pushing for a human rights-based approach to environmental racism and climate justice.
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Document type: Report
Denuncia ante la Comisión Interamericana de Derechos Humanos en contra del Estado de CHILE
The complaint argues that the State of Chile facilitated the forced eviction of Mapuche-Pehuenche communities from their ancestral lands in the Alto Bío Bío region to allow ENDESA to build the Ralco Hydroelectric Project. The petitioners claim that the state bypassed the Indigenous Law (Ley 19.253) and environmental conditions set by CONAMA, which required voluntary land swaps (permutas) approved by CONADI. Instead, the state used the 'Electric Law' (Ley Eléctrica) to impose flood easements and monetary compensation, which the petitioners describe as a form of 'ethnocide' that destroys their cultural, spiritual, and physical existence. They further allege a denial of justice by Chilean courts, which they claim have been ineffective or biased in favor of the company.
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Document type: Report
Promoting the Effectiveness of the Rotterdam Convention: Ways Forward and Procedural Implications
The report examines the difficulties in listing hazardous substances under Annex III of the Rotterdam Convention due to the requirement for consensus, which has blocked chemicals like chrysotile asbestos, Paraquat, and Fenthion despite scientific evidence. It evaluates three primary options: amending the Article 22.5 listing procedure, creating a new annex for non-consensus chemicals, or increasing information exchange. The analysis highlights that creating a new annex is procedurally easier than amending the voting procedure, as it enters into force one year after adoption without requiring ratification by three-fourths of the Parties. Amending the listing procedure could lead to a complex 'two-tier' system of parallel conventions until all parties ratify the change. While aligning Annex III with other annexes would remove the consensus requirement, the report warns this might eliminate the critical role of the Chemical Review Committee (CRC).
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Document type: Report
Conozca sus Derechos Frente a REDD+
The document serves as a practical guide for indigenous and local community leaders to navigate the human rights implications of REDD+ initiatives. It explains the mechanism's goals, the seven UNFCCC safeguards, and the specific collective rights—such as self-determination, land tenure, and Free, Prior and Informed Consent (FPIC)—that are often at risk. The guide provides strategic advice for negotiations and lists national and international grievance mechanisms, including the Inter-American Commission on Human Rights and World Bank inspection panels, to address rights violations.
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Document type: Guide
Know Your Rights Related to REDD+
The document outlines the basic concepts of REDD+, the associated safeguards agreed upon under the UNFCCC, and the specific human rights—such as self-determination, land tenure, and free, prior and informed consent (FPIC)—that may be impacted by forest governance initiatives. It provides practical advice for community leaders on negotiating REDD+ activities and lists national and international mechanisms for seeking justice and reporting rights violations.
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Document type: Guide
REDD: Addressing the Drivers – A case for the WTO?
The briefing contends that addressing international drivers of deforestation is essential for the success of REDD+ and is legally permissible under both UNFCCC and WTO frameworks. It asserts that UNFCCC Article 3.5 does not prohibit trade-impacting measures as long as they are not arbitrary or disguised restrictions. Furthermore, it highlights that the WTO allows trade-related measures to protect the environment, specifically citing GATT Article XX exceptions for protecting life, health, and exhaustible natural resources. The authors point to at least fifteen existing Multilateral Environmental Agreements (MEAs) that incorporate trade measures as precedent, arguing that collective action within the UNFCCC would demonstrate the 'good faith negotiations' often required by WTO arbitration panels. The document concludes that ignoring international drivers due to perceived WTO conflicts risks 'leakage' and undermines the goal of halting forest loss.
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Document type: Briefing
reducing_ghg_1993-06bb0235f061de93.pdf
This research paper proposes a 'combined strategy' to reduce greenhouse gas (GHG) emissions by integrating international marketable permits, emissions fees, and country commitments. The author argues that while industrial countries are the primary source of emissions, a successful global regime must balance the economic stability of industrial nations with the development needs and fairness concerns of developing countries.
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Document type: Research paper