Comments on the Analysis of the Basel Convention’s Secretariat Regarding Hazardous and other Wastes Generated on Board Ships (December 2012)

The Revised legal analysis of the application of the Basel Convention to hazardous and other wastes generated on board ships (Revised Legal Analysis) prepared by the Secretariat of the Basel Convention offers insight on the question of hazardous wastes generated on board vessels, which is an issue of significant importance to the attainment of the … Read More.

Presentación de amicus curiae en la acción de amparo interpuesta por Martin Charaja Valdez y otros en el Expediente (ERI, CIEL) (August 2012)

Este caso se trata de la falta total del Estado peruano, incluso el Instituto Geológico Minero Metalúrgico, un órgano del Ministerio de Energía y Minas, de realizar la consulta previa exigida por el artículo 6 del Convenio 169 de la Organización Internacional del Trabajo y por la Convención Americana de Derechos Humanos, antes de expedir … Read More.

“Normal Operations of a Ship” under MARPOL (Orellana) (June 2012)

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention) excludes from its scope, “wastes which derive from normal operations of a ship, the discharge of which is covered by another international instrument”. This formulation raises issues relating to the interaction between the Basel Convention and the International … Read More.

Just Out of REACH: How REACH is Failing to Regulate Nanomaterials and How it Can Be Fixed (February 2012)(Azoulay) [A Japanese version is also available.]

More than three years after the European Commission’s communication on the regulatory aspects of nanomaterials, numerous questions remain regarding the practical effectiveness of existing European Union law to manage nanomaterials. REACH, the primary EU regulation on chemicals, is assumed to be the regulatory cornerstone for addressing the health, safety and environmental risks of nanomaterials. In … Read More.

Un enfoque sobre las finanzas climáticas basado en los derechos humanos (Johl & Lador) (February 2012)

En el contexto de las finanzas climáticas un enfoque basado en los derechos humanos garantiza que se tengan en cuenta consideraciones relativas a los derechos en el desarrollo, la implementación y el monitoreo de procesos e instituciones relevantes, entre ellos el recientemente creado Fondo Verde para el Clima durante la Convención Marco de las Naciones Unidas sobre Cambio … Read More.

A Human Rights-based Approach to Climate Finance (Johl & Lador) (February 2012)

In the context of climate finance, a human rights-based approach ensures that rights considerations are taken into account in the development, implementation, and monitoring of relevant processes and institutions, including the UNFCCC’s newly established Green Climate Fund. To advance rights protections in the global climate finance architecture, it is essential that climate finance mechanisms establish … Read More.

A Human Rights-Based Approach to Climate Change (Orellana) (2012)

(Page 73) This paper explores human rights standards and mechanisms relevant to addressing climate change, with a focus on human rights training and education. It also discusses how climate change policies and measures can affect a wide range of human rights recognized by international human rights law. Additionally, this paper analyzes how a human rights-based approach can help to integrate human … Read More.

US Law and the Stockholm POPs Convention: Analysis of Treaty Implementing Provisions in Pending Legislation (June 2011) (Ditz, Tuncak, and Wiser).

The Safe Chemicals Act of 2011 (S. 847), a bill introduced by Senator Frank Lautenberg to modernize US chemicals policy, includes implementing authority to permit the United States to ratify the Stockholm Convention on Persistent Organic Pollutants (POPs) and two other international agreements on dangerous chemicals. This analysis examines provisions of the bill that are … Read More.

Initial Submission of Views on Work Stream I of the Transitional Committee Regarding Environmental and Social Safeguards (CIEL/Sierra Club) (May 2011)

The Sierra Club and Center for International Environmental Law share our views on the following question posed by the Co-Chairs of Work Stream I for consideration by members of the Transitional Committee: Country-led and results-based approaches: What is needed to ensuring the country led principle alongside the application of environmental and social safeguards as well … Read More.

Analysis of Human Rights Language in the Cancun Agreements (UNFCCC 16th Session of the Conference of the Parties) (March 2011)

This paper provides an analysis of the references to human rights in the Cancun Agreements. This language is an important step towards establishing human rights protections in the international climate regime, and is largely the result of leadership from certain State Parties as well as sustained NGO pressure. Considering that the rights language in earlier … Read More.

Environmental Defenders in Dangers: The situation in Mexico and Central America in the context of the mining industry (October 2010) [Submitted as a contribution to the thematic hearing of the Inter-American Commission on Human Rights on the Situation of Environmental Defenders in Mesoamerica]

This report focuses on the plight of environmental defenders in the context of the mining sector. In recent years, the high price of gold and other precious metals on international markets has spurred increased foreign investment in mining projects in Mexico, Central America, and elsewhere in the Americas. The potential social and environmental costs of … Read More.

Palm Oil Strategy Review Comments to the World Bank Group (August 2010)

Accountability Counsel and the Center for International Environmental Law (“CIEL”) submit the following comments for consideration in the Palm Oil Sector Strategy Review. Our organizations are based in the United States and work on behalf of communities impacted by the World Bank Group’s policies and practices around the world. In particular, Accountability Counsel works with … Read More.

Comments on IFC’s Consultation Drafts of the IFC Sustainability Policy and Performance Standards and Disclosure Policy (August, 2010)

The undersigned civil society organizations believe the latest drafts of the Sustainability Policy, Performance Standards, and Disclosure Policy respond usefully to some issues raised previously by many civil society organizations, including, for example, several issues related to gender, resettlement, and climate change. Many of our most significant concerns, however, remain unaddressed, including centrally important issues … Read More.

Environmental Impact Assessments in Practice: Potential Lessons for human rights impact assessments (June 2010)

Environmental Impact Assessments (EIAs) have been a tool for social and environmental betterment for over 40 years. EIA practices can foster public engagement and democratic practices; produce valuable information that improves decision-making; enhance trans-boundary cooperation; and ultimately improve the environmental and social impacts of development. This paper looks at the various spheres of application of … Read More.

Climate Change and the Millenium Goals: The Right To Development, International Cooperation and the Clean Development Mechanism (June 2010) (Orellana) [SUR, International Journal on Human Rights]

The impacts of climate change have direct implications for the efforts of the international community in achieving the Millennium Development Goals (MDGs). At the same time, as the UN Secretary-General has observed, the MDGs should also contribute to the capacities needed to tackle climate change by providing opportunities for broader improvements in economies, governance, institutions … Read More.

EIAs in Practice: Potenital Lessons for Human Rights Impact (June 2010) (Orellana)

Human Rights Impact Assessment (HRIA) is a promising new concept/tool for protecting human rights and promoting sustainable development. Lessons learned from environmental impact assessment can assist greatly in realizing HRIA’s full potential. Environmental Impact Assessments (EIA) has been a tool for environmental and social betterment for over 40 years. EIA practices can foster public engagement … Read More.

Climate Change in the Work of the Committee on Economic, Social and Cultural Rights (Orellana, Kothari, and Chaudhry) (May 2010)

This paper at hand comes as a realization of one of the recommendations that were given at an initial workshop in January 2009, where a group of experts on environmental law, international and human rights law and representatives of human rights organizations were brought together by CIEL and Friedrich-Ebert_Stiftung (FES) to explore in-depth the impacts … Read More.

Submission by Civil Society Organizations to the International Finance Corporation, Commenting on the Social and Environmental Sustainability Policy, Performance Standards and Disclosure Policy (March, 2010)

The undersigned civil society organizations have prepared this joint submission to provide an overview of many of our concerns related to IFC’s Policy on Social and Environmental Sustainability, the Performance Standards, related guidance documents, and the Disclosure Policy. We believe these concerns should be explored and addressed further through IFC’s current consultation and review process. … Read More.

Climate Change and the Right to Development: International Cooperation, Financial Arrangements, and the Clean Development Mechanism (February 2010)

This paper was prepared by the Center for International Environmental Law (CIEL) for the High Level Task Force (HLTF) on the Implementation of the Right to Development,1 established by the Open-ended Working Group on the Right to Development created by the (former) Commission on Human Rights. This paper explores the interface between the right to … Read More.

Biodiversity & Intellectual Property Rights: Reviewing Intellectual Property Rights in Light of the Objectives of the Convention on Biological Diversity (World Wildlife Fund/CIEL) (Gonzales & Monagle) [BW01-1]

The relationship between the objectives of the Convention on Biological Diversity (CBD) and intellectual property rights (IPRs) is the subject of continuing debate. Equally controversial is the effect of the Agreement on Trade-Related Aspects of Intellectual property (TRIPS Agreement) – one of the agreements binding on Members of the World Trade Organisation (WTO) – on … Read More.

Transparency and Public Participation in WTO Dispute Settlement (December 2009)

In order to offer a comprehensive analysis of transparency and public participation in the WTO dispute settlement system, this memorandum first considers the current participatory practice throughout the various steps of the dispute settlement process. Secondly, the current state of the DSU negotiations is analyzed along with positions and arguments of relevant WTO Members. Finally, … Read More.

Testimony of Daryl Ditz before the US House of Representatives Subcommittee on Commerce, Trade and Consumer Protection, at a Hearing on “Prioritizing Chemicals for Safety Determination,” November 17, 2009.

Despite its aspirational title, the Toxic Substances Control Act (TSCA) has failed to assess, let alone guarantee, the safety of the great majority of chemicals in use today. TSCA stymies action by EPA and other agencies, perpetuates a reliance on dangerous substances, leaves businesses in the dark, and undermines U.S. competitiveness. Adopted by Congress over … Read More.

Third Quarter 2009: An International Legal Framework to Protect Traditional Knowledge and Folklore — More Talk at WIPO or Negotiations Finally Underway?

The WIPO Intergovernmental Committee on Intellectual Property, Genetic Resources, Traditional Knowledge and Folklore (IGC or Committee) has existed since 2001 to discuss and find solutions to issues on the interface between intellectual property (IP), on the one hand, and genetic resources (GR), traditional knowledge (TK) and folklore, on the other. The IGC is meant to … Read More.

Is World Trade Law a Barrier to Saving Our Climate? (CIEL/FOE) (September 2009)

Legal analysis on World trade rules and relationship with national implementation of climate change measures. Demonstrates the World Trade Organization rules and agreements can be interpreted to allow flexibility for stonger national climate change measures – particularly if rules are adopted pursuant to a global climate treaty. This legal analysis responds to concerns that have … Read More.

Second Quarter 2009: The Roadmap for Patent Cooperation Treaty Reforms: Procedural Streamlining for Substantive Harmonization?

The Second Session of the World Intellectual Property Organization’s (WIPO) Patent Cooperation Treaty (PCT) Working Group (WG), held on 4-8 May 2009 in Geneva, witnessed a clear division between developed and developing countries regarding the WIPO’s roadmap for reforming the PCT system . The proposalsand the draft roadmap put forward at this PCT session outl … Read More.

Frameworks and Options for Addressing Technology Cooperation in the UNFCCC: National and Multilateral Elements (May 2009) [Background Brief for the workshop on: Operationalizing of Technology Cooperation in the UNFCCC: Building Civil Society Viewpoints into Copenhagen.]

Transfer of technology is one of the pillars of any international response to global climate change. The UN Framework Convention on Climate Change (UNFCCC or the Convention), was built on a basic political bargain. On one side, under the first commitment period embodied by the Kyoto Protocol, industrialized countries would take primary responsibility for emissions … Read More.

Addressing Nanomaterials as an Issue of Global Concern (May 2009) (Azoulay)

Few technologies have triggered as many comments, hopes, fears and radical  statements as nanotechnology. The rapid development of nanotechnology and its growing  importance for all aspects of society have been called a “nano-revolution” and heralded as being on a par with  the industrial revolution. Nanotechnology promises to be a transformational technology, such as electricity  and … Read More.

First Quarter 2009: Counterfeit Medical Products: Need for Caution Against Co-Opting Public HealthConcerns for IP Protection and Enforcement

In January 2009, the 124th session of the World Health Organization (WHO) Executive Board (EB) discussed the WHO Secretariat’s report on counterfeit medical products (EB124/ 14). The report invited the EB to consider recommending a proposed resolution on counterfeit medical products to the 62nd World Health Assembly (WHA) to be held in Geneva from 18-27 … Read More.

Investment Provisions in the Korea FTA: A Radical Shift of Power to Foreign Investors (March 2009)

The investment provisions in the Korea-U.S. Free Trade Agreement (Korea FTA) constitute a major and potentially devastating change in U.S. investment policy. For example, new language radically changes the test for what constitutes an expropriation, making it considerably more likely that good faith environmental, health and safety regulations will be found to be expropriations requiring … Read More.

Practical Approaches to Integrating Human Rights and Climate Change Law and Policy (February 2009) (Orellana)

This report describe practical measures that may be taken within the international climate change and human rights legal regimes for addressing the human rights implications of climate change, that is, for integrating human rights and climate change law and policy.  These measures can facilitate, encourage, and supplement the national actions that are necessary to protect … Read More.

Revision of UNCITRAL Rules and Investement Arbitration: An Update on the Ongoing Process to Increase Transparency in Invesment Arbitration (CIE/IISD) (February 2009)

The United Nations Commission on International Trade Law (UNCITRAL) is currently revising its Arbitration Rules for the first time since 1976 in its Working Group II on Arbitration (WG II). UNCITRAL rules are primarily used for arbitrating commercial disputes between private parties, but they are also used for investment arbitration, including in disputes initiated by … Read More.

Border Wall: Broadest Waiver of Law in American History (2009) (Bear)

The boundary for the 1,952 mile U.S.-Mexico border was originally delineated in a series of joint surveys carried out following the signing of the Treaty of Guadalupe- Hidalgo. The boundary was lengthened after the Gadsden purchase of Arizona and parts of New Mexico in 1853, and delineated further as late as the 1970.1 A series … Read More.

Fourth Quarter 2008: The Technology Transfer Debate in the UNFCCC: Politics, Patents, and Confusion

Any international response to climate change must address the international transfer of environmentally sound technologies. Mitigating and adapting to climate change will require a major shift in economy-wide production and consumption patterns and the development and diffusion of technologies is a fundamental and necessary element of that transformation. The United Nations Framework Convention on Climate … Read More.

Report of the WTO Public Forum, Addressing global environmental challenges: What to expect from future dispute settlement panels? (CIEL/FOEE) (November 2008)

The trade-environment debate has recently gained center-stage with the overwhelming evidence and the increasing political acknowledgement of the changing climate – possibly one of the most important challenges ever faced by humans. But the debate on the relationship between environment and trade is not new. The debate is long-standing, involving cultural and philosophical differences in … Read More.

Combating Corruption Through more Transparent Dispute Settlement Processes [Presentation at the 13th International Anti-Corruption Conference] (Bernasconi) (November 2008)

We are here today to talk about investment arbitration in the context of corruption. I would like to first briefly talk about what we mean here by investment arbitration. Then I will explain that investment arbitration is too secretive, and that there is a need to reform procedural rules to make investment arbitration more transparent … Read More.

Third Quarter 2008: The International Medical Products Anti-Counterfeiting Taskforce (IMPACT): Is the WHO on the Right Track?

In the context of the proposed Anti-Counterfeiting Trade Agreement (ACTA), discussions appear to dangerously conflate two distinct issues: medicines suspected of infringing patents and counterfeit medicines. Counterfeit medicines are also mistakenly confused with the term ” counterfeit good”, used vaguely to describe a good that may infringe one or more types of intellectual property rights, … Read More.

The International Finance Corporation’s Performance Standardsand the Equator Principles: Respecting Human Rights and Remedying Violations (CIEL/BIC) (Herz, Genovese, Herbertson & Perrault) (August 2008) [Also: Appendix 1, Appendix 2 and Appendix 3]

Over the last several years, the International Finance Corporation’s (IFC) Performance Standards and the Equator Principles (PS/EPs) have become the most widely-accepted framework among international project financiers for managing environmental and social risks of projects in the developing world. This submission to the United Nations Special Representative of the Secretary General on the issue of … Read More.

New Thinking on Trade Policy and Development: Trade and Climate Change (CIEL/PSE) (Bernasconi) (July 2008) [Also available in French, German and Spanish.]

This pamphlet focuses on a currently much debated topic between rich countries and developing countries – the relationship between trade and climate change. The transport sector alone is responsible for a third of total greenhouse gas emissions. The EU’s trade policy must therefore pay special attention to this problem and we must launch a dialogue … Read More.

Second Quarter 2008: The Dangers of Including Patent Infringments in ACTA: some implications for Access to Medicines

An international agreement to address counterfeiting is being drafted amongst the US, the EU, Canada, Japan, Korea, Mexico, Morocco, New Zealand, Singapore and Switzerland.  The Anti-Counterfeiting Trade Agreement (ACTA) is being negotiated behind closed doors, and in some cases industry groups have been given special access to the details of the negotiations while public interest … Read More.

Standards, Labeling and Certification [Prepared for Trade and Climate Change Seminar, June 2008] (IAE/CIEL) (August 2008)

Standards and labelling schemes serve to correct market information failures and principal agent problems, which hinder the ability of consumers to identify or access energy-using products with optimized energy costs and environmental performance characteristics. Efficiency standards and labels are reported to be the single largest cause of national notifications to the World Trade Organization under … Read More.

Intellectual Property, Bilateral Agreements and Sustainable Development: Intellectual Property in the US-Peru Trade Promotion Agreement (Garcia) (June 2008)

The main justification for Peru and the Andean countries to develop a trade agreement with the United States was to guarantee preferential and permanent access for their export products to its markets. This would be achieved by making the preferences in the Andean Trade Promotion and Drug Eradication Act (ATPDEA) binding and permanent. Such preferences … Read More.

The Use of Country Systems in World Bank Lending, April 2008

In 2005, the Executive Directors of the World Bank (Bank) authorized the use of country systems (CS), to be governed by OP 4.00, “Piloting the Use of Borrower Systems to Address Environmental and Social Safeguard Issues in Bank-Supported Projects.” Under this approach, the Bank relies on the borrower country’s “system,” i.e. its laws and institutions, … Read More.

International Transport of Lead and Cadmium via Trade: an International Concern?, Intergovernmental Forum on Chemical Safety, IFCS/FORUM-VI/03.TS [2008] (Rosenthal and Wiser) (March 2008)

At the fifth session of the Intergovernmental Forum on Chemical Safety (IFCS) held in Budapest 25-29 September 2006, Forum V adopted a statement on mercury, lead, and cadmium urging IFCS participants and the International Conference on Chemicals Management (ICCM) to “consider actions at the local, national, regional and global levels for mercury, lead and cadmium, … Read More.

First Quarter 2008: The World Customs Organization and Border Measures for Enforcement of IP Rights: Setting New Standards of Intellectual Property Enforcement through the Back Door?

The World Customs Organization {WCO) is an international organization representing 171 customs administrations. Since its establishment, the WCO has developed international instruments on harmonized systems of description and customs classification of goods, customs procedures, temporary importation of goods, and transit trade. The relationship between the World Trade Organization {WTO) and WCO seems evident, especially considering … Read More.

EEZ Fisheries Access Arrangements and the WTO Subsidies Agreement – Legal Analysis and Options for Improved Disciplines (Orellana) (December 2007)

The treatment of subsidies related to access arrangements has emerged as a sensitive topic within the current WTO fisheries subsidies negotiations. While a consensus has emerged on the need to discipline fisheries subsidies that contribute to over-capacity and over-harvesting, in light of their negative impacts on international trade, the marine environment, and sustainable development more … Read More.

Derechos Humanos y Ambiente: Desafios para el Sistema Interamericano de Derechos Humanos (November 2007) (Orellana) [Jornadas de Derecho Internacional of the Organization of American States / Organización de los Estados Americanos]

Como resultado de la evolución paralela del derecho internacional ambiental y del derecho internacional de los derechos humanos durante décadas, estos dos regímenes han elaborado enfoques y lenguajes diferentes. Por ejemplo, el derecho internacional de los derechos humanos adopta un enfoque antropocéntrico, donde la realidad se aproxima principalmente desde el valor de lo humano. El … Read More.

Petition for Amicus Curiae Status in Case No. ARB/05/22 before the International Centre for Settlement of Investment Disputes between Biwater Gauf (Tanzania) Limited and United Republic of Tanzania (November 2007)

This arbitration raises a number of issues of vital concern to the local community in Tanzania, and a wide range of potential issues of concern to developing countries (and indeed all countries) that have privatized, or are contemplating a possible privatization of, water or other infrastructure services. The arbitration also raises issues from a broader … Read More.

A Citizen’s Guide to the Accountability Mechanism at the Oversees Private Investment Corporation (Perrault) (October 2007)

The Citizen’s Guide to the Accountability Mechanism of the Overseas Private Investment Corporation (OPIC) is designed to help give local communities affected by OPIC‐supported projects a voice in the development process. The OPIC Board of Directors created the Accountability Mechanism in 2004 as part of a broader Accountability and Advisory Mechanism (AAM). The Accountability Mechanism … Read More.

A Citizen’s Guide to WIPO (CIEL) (October 2007)

If you have picked up this guide, it is likely that you or your organization are working, or are thinking of working, on intellectual property issues and are trying to understand the role that you can play in such discussions at the World Intellectual Property Organization (WIPO). The objective of the Citizen’s Guide to WIPO … Read More.

The States and The World: Twin Levers for Reform of U.S. Federal Law on Toxic Chemicals,” D. Ditz, Sustainable Development Law & Policy, Washington College of Law, Vol. VIII, Issue 1, Fall 2007.

At the 1992 Earth Summit in Rio de Janeiro, toxic chemicals were recognized as a serious threat to sustainable development. Governments and civil society responded with an array of international treaties, regional agreements, and diverse national efforts to reduce the impacts on human health and the global environment from dangerous substances. For many years the … Read More.

Third Quarter 2007 – Rwanda and Canada: Leading the Implementation of the August 2003 Decision for Import/Export of Pharmaceuticals Produced Under Compulsory License

The Fourth Ministerial Conference of the World Trade Organization (WTO) in 2001 issued the Doha Declaration on the TRIPS Agreement and Public Health (the Doha Declaration). The Declaration is significant for establishing legal certainty on the freedom of countries to determine the grounds for granting a compulsory license, what may constitute a national emergency or … Read More.

The Gap between Indigenous Peoples’ Demands and WIPO’s Framework on Traditional Knowledge [An earlier version of this paper by Palesa Tlhapi Guye of CIEL was published in the South Centre/CIEL IP Quarterly 2nd Quarter 2007] (September 2007)

Traditional knowledge (TK) has, for centuries, played an important role in the lives of indigenous peoples worldwide. Such knowledge constitutes a vital part of their cultural heritage, contributes to the sustainable use and preservation of biodiversity, and is fundamental to their sustainable development.111 However, there has been a growing recognition of the problems associated with … Read More.

Report of the 11th Session of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore

Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) as a permanent observer at WIPO, and as one of the organizations that has been instrumental in its creation in 2000. This meeting was the last of the ones under the 2005 WIPO General Assembly Mandate to “accelerate its work”, “to focus particularly on the international … Read More.

Putting Health on the Fast Track: Compliance with the Doha Declaration on Public Health as a Principal Negotiating Objective for Trade Promotion Authority (Lee) (August 2007)

The Doha Declaration on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and Public Health (the Doha Declaration) was negotiated and agreed upon by all Member countries of the World Trade Organization (WTO) because developing countries spoke out about concerns that the TRIPS Agreement does not allow adequate access to medicines needed to address … Read More.

Second Quarter 2007 – The Proposed WIPO Framework on Tradional Knowledge: Does It Meet Indigenous Peoples’ Demands?

Traditional knowledge (TK) has for centuries played an important role in the lives of indigenous peoples worldwide.1 Such knowledge constitutes a vital part of their cultural heritage, contributes to the sustainable use and preservation of biodiversity, and is fundamental to their sustainable development. However, there has been a growing recognition of the problems associated with … Read More.

Gender Justice: A Citizen’s Guide to Gender Accountability at International Financial Institutions (CIEL, GenderAction) (June 2007)

Although publicly-funded International Financial Institutions (IFIs) have missions to reduce poverty and promote economic growth, IFI projects often ignore gender inequality and increase poverty, prostitution, and HIV/AIDS, particularly among women and girls. Most IFIs have taken inadequate steps to try to address these concerns, although nearly all have committed to promoting gender equality. Half of … Read More.

Legal Analysis of the GEF Resource Allocation Framework (Wiser) (May 2007)

The Global Environmnetal Facility (GEF) Instrument requires the GEF to “function under the guidance of, and be accountable to, the Conferences of the Parties (COPs)” of the conventions it serves, and to “act in conformity with the policies, program priorities and eligibility criteria decided by the Conference of the Parties for the purposes of the … Read More.

Interpreting WTO Law and the Relevance of Multilateral Environmental Agreements in EC-Biotech (Background note to presentation by Nathalie Bernasconi-Osterwalder) (May 2007)

On 29 September 2006, the WTO dispute settlement panel in European Communities – Measures affecting the Approval and Marketing of Biotech Products (EC-Biotech) issued three consolidated panel reports outlining the Panel’s final decision in the dispute. While the long-awaited decision leaves many questions relating to trade in biotech products unanswered, it nevertheless addressed a number … Read More.

The Problem of Intellectual Property in Economic Partnership Agreements with the African, Caribbean and Pacific Countries (Shabalala) (May 2007)

The inclusion of TRIPS-plus intellectual property (IP) provisions in bilateral agreements between the European Union and developing countries has become an issue of increasing concern. Ending an informal moratorium, the EU began in late 2006 to increase its activity in negotiating bilateral trade agreements. The European Commission has explicitly included a TRIPS-Plus mandate in its … Read More.

Amicus Curiae Submission in the Suez/Vivendi Case (ICSID Case No. ARB/03/19 between Suez, Sociedad General de Aguas de Barcelona, S.A. and Vivendi Universal, S.A. and The Republic of Argentina) (April 2007) [English] [Spanish]

During 2001 Argentina adopted emergency measures to address the most severe economic and social crisis of its history. Inter alia, Argentina devalued its currency and froze the tariff levels of certain essential services, including water and sanitation. Amici argue that human rights law provides a rationale for these measures, and that this rationale is relevant … Read More.

The European Approach to Intellectual Property in European Partnership Agreements with the African, Caribbean and Pacific Group of Countries (Shabalala) (April 2007)

The inclusion of TRIPS-plus intellectual property (IP) provisions in bilateral agreements between the United States (US) and several developing countiies has been the focus of much concem over the past few years. As of March 1, 2007, the US has signed ten bilateral agreements containing such provisions, largely with countries from Latin Ametica and the … Read More.

Intellectual Property, Bilateral Agreements and Sustainable Development: A Strategy Note [The second in a series of papers on strategies for challenging, negotiating and implementing IP provisions in free trade agreements with the US] (‘t Hoen) (April 2007)

This paper will address the main threats of the intellectual property (IP) chapters in the bilateral and regional agreements with the United States of America (US) for access to medicines, give an overview of the reactions from different sectors to these agreements, and outline some strategic considerations for future action. The effects of Free Trade … Read More.

Amicus Curiae Submission in the Biwater – Tanzania Case (ICSID Case No. ARB/05/22 before the International Centre for Settlement of Investment Disputes between Biwater Gauff (Tanzania) Limited and United Republic of Tanzania (March 2007)

The present submission by Amici is being made pursuant to Procedural Order No.5 of this Tribunal, issued on 2 February, 2007. This submission has been prepared under the terms and conditions specified by the Tribunal in that order. A brief note on the practical impact of these terms and conditions on the preparati on of … Read More.

Solicitud a la CIDH para Medidas Cautelares para los Cacataibos

Esta presentación tiene por objeto solicitar medidas cautelares a la Comisión Interamericana de Derechos Humanos (CIDH o Comisión) para evitar daños irreparables a la vida, salud, e integridad personal de los indígenas Cacataibo en aislamiento. En particular, esta presentación solicita a la Comisión le solicite al Estado Peruano la suspensión inmediata de la exploración de … Read More.

Carta Presentacion de Medidas Cautelares para los Cacataibos

Por medio de esta nota, venimos a pedir a la Comisión Interamericana de Derechos Humanos solicite al Estado Peruano la suspensión inmediata de la exploración de hidrocarburos que amenaza la vida y la integridad personal de los Indígenas Cacataibo en aislamiento. Haga click para leerlo.

Cacataibo Indigenous Peoples in Voluntary Isolation Threatened by Oil Exploration

In August 2007, the Peruvian government approved oil and gas exploration in the traditional territories of the indigenous Cacataibo communities, without their prior informed consent. The Cacataibo are indigenous peoples that live in the watershed of the Aguaytía, San Alejandro and Zungaruyacu rivers, located in the central Peruvian rainforest. There are approximately 7,000 Cacataibo people … Read More.

Analysis of Possible Options to Address the Global Challenges to Reduce Risks from Releases of Mercury, United Nations Environment Programme, Mercury Programme, Ad hoc Open-Ended Working Group, U.N. Doc. UNEP(DTIE)/Hg/OEWG.1/2 (2007) (Wiser)

In its Decision 24/3 IV, the UNEP Governing Council established an ad hoc open-ended working group (OEWG) to review and assess options for enhanced voluntary measures and new or existing international legal instruments that could be used to address the global challenges posed by mercury. This Analysis provides information to the OEWG to assist it … Read More.

Intellectual Property, Bilateral Agreements, and Sustainable Development: The Challenges of Implementation (Roffe) (January 2007)

The General Agreement on Trade in Services (GATS) and the current GATS negotiations in the World Trade Organization (WTO) require special attention from an environmental policy perspective. Only recently, environmental NGOs and some researchers started to voice concerns about the WTO’s Agreement on Trade in Services, which – in fact – contains features of both … Read More.

Fourth Quarter 2006 – Intellectual Property in European Partnership Agreements with the African, Caribbean and Pacific Group of Counties

The inclusion of TRIPS-plus intellectual property (IP) provisions in bilateral agreements between the United States (US) and several developing countries has been the focus of much concern over the past few years. So far, the US has signed ten bilateral agreements with such provisions, largely with countries from Latin America and the Middle East. However, … Read More.

Where is the Middle Ground on POPs, PIC, and LRTAP? (The Environmental Forum) (November 2006)

The basic outlines of bipartisan agreement on Persistent Organic Pollutants (POPs) legislation were already apparent when the United States signed the Stockholm Convention back in 2001. Industry and environmental representatives agreed to focus on the narrow changes needed to implement these international chemicals agreements — and to defer addressing longstanding problems with the larger universe … Read More.

Democratizing International Dispute Settlement: The Case of Trade and Investment Disputes (Bernasconi) (October 2006

International dispute settlement in particular lacks transparency, opportunities for public participation, and accountability. International dispute settlement mechanisms vary in their provenance, mandate, operation, resources, independence and effectiveness, but they are an essential component of the international legal system — just as domestic dispute settlement mechanisms are essential to implementing and enforcing national law. They thus … Read More.

A New Facilitative Mechanism at the WTO to Address Non-tariff Measures: Issues for Consideration (Bernasconi & Prystowsky) (August 2006)

In 2001 Members of the World Trade Organization (WTO) committed, in the context of non-agricultural mar­ket access, to negotiate the reduction of “tariffs [and] non­-tariff barriers, in particular on products of export interest to developing countries.”  The reference to non-tariff barriers (NTBs), referred to in this note as non-tariff measures (NTMs), was included at the … Read More.

Amicus Curiae Brief to the WTO in Brazil – Measures Affecting Imports of Retreaded Tyres (WT/DS332) (July 2006)

In approaching the issues involved in Brazil´s GATT Article XX defense, the Panel will find valuable aid in considering the life-cycle impacts of retreaded tires. Indeed, the environmental impacts of production, marketing, use, and– particularly- disposal of tires shed critical light on the public health impacts of trade in retreaded tires. A life-cycle approach to … Read More.

International Standards and Technical Barriers to Trade [R053 – Legal Opinion Summary] (ISEAL/CIEL) (July 2006)

This paper from the ISEAL Alliance and the Center for International Environmental Law (CIEL) in Geneva summarizes the findings of two legal opinions regarding the ability of governments to reference existing voluntary international standards in relation to technical regulations relating to trade and, in particular, the implications in terms of possible ‘technical barriers to trade’. … Read More.

Referencing International Standards in Government Procurement [R052 – Legal Opinion Summary] (ISEAL/CIEL) (July 2006)

This paper from the ISEAL Alliance and the Center for International Environmental Law (CIEL) in Geneva summarizes the findings of two legal opinions regarding the ability of governments to reference existing voluntary international standards in relation to technical regulations relating to trade and, in particular, the implications in terms of possible ‘technical barriers to trade’. … Read More.

Second Quarter 2006

The recent proliferation of investment and Intellectual property (IP) agreements among developed and developing countries invokes fundamental questions on their impact for the implementation of national policies for economic development. Since the conclusion of the North-American Free Trade Agreement (NAFTA), the negotiation of the failed Multilateral Investment Agreement (MAl) and the emergence of a new … Read More.