Codex, Substantial Equivalence and WTO Threats to National GMO Labeling Schemes (Spring 1999) (Stilwell &Van Dyke) [TE99-3]

During 25-28 May, 1998 in Ottawa, the Codex Committee on Food Labeling will consider adoption of the “substantial equivalence” test as a Codex international standard for the labeling of products containing genetically modified organisms (GMOs). Under the substantial equivalence approach, a food product containing GMOs that exhibits sufficient resemblance to a traditional product can be … Read More.

Community Registries of Biodiversity-Related Knowledge: The Role of Intellectual Property in Managing Access and Benefit (1999) (Downes & Laird) [BW99-1]

This paper explores the promise and peril of using registries of knowledge as tools for the people of local and indigenous communities to employ for the conservation, sustainable use and sharing of benefits from their biological diversity, biological resources, and associated traditional knowledge. In particular, the paper explores the impact of applying intellectual property rights … Read More.

Innovative Mechanisms for Sharing Benefits of Biodiversity and Related Knowledge: Case Studies on Geographical Indications and Trademarks (1999) (Downes & Laird) [BW99-2]

This paper explores the innovative use of selected legal tools to support the efforts of the people of local and indigenous communities to conserve and use sustainably their biological diversity, biological resources, and associated traditional knowledge. The paper reviews concepts of intellectual property – in particular trademarks and geographical indications – as possible incentives for … Read More.

Effective Decision-Making: A Review of Options for Making Decisions to Conserve and Manage Pacific Fish Stocks (World Wildlife Fund/CIEL, 1999) (Wiser, Porter & Downes) [BW99-5]

The negotiations to establish a mechanism such as a regional fisheries management organization (RFMO) in the Western and Central Pacific are based upon a shared understanding that an effective cooperative mechanism is needed to ensure the long term health and productivity of the region’s highly migratory fish stocks. One of the critical tasks facing negotiators … Read More.

Implication of Proposals to Consider Trade in Genetically Modified Organisms (GMOs) at the WTO (1999) (Stilwell) [TE00-11]

trade, investment, human rights, trade, investment & human rights, trade investment and human rights, sustainable development, unsustainable development, investment law, unsustainable investment, trade agreement, free trade agreement, free trade, bilateral trade agreements, BTA, MTA, FTA, multilateral trade agreements, host-government agreements, WTO, World Trade Organization, General Agreement on Trade in Services, GATS, intellectual property, traditional knowledge, … Read More.

Carbon Conservation: Climate Change, Forests and the Clean Development Mechanism and Case Study (CIEL/CEDARENA,1998) (Goldberg) [CC98-1]

This report identifies problems and solutions that emerged from the experience with joint implementation (JI) forest projects in Costa Rica, and discusses their significance to the design of the Clean Development Mechanism (CDM) established by the 1997 Kyoto Protocol. It also addresses some of the concerns of project developers, environmentalists, and Parties as they grapple … Read More.

A Citizen’s Guide to the World Bank Inspection Panel, Second Edition (1999) (Clark) [IF99-1] French, Portuguese and Spanish versions are also available

The World Bank (the “Bank”) is a multilateral development bank that provides loans and credits to developing countries to stimulate social and economic development. Although its mandate is poverty alleviation, it often provides financial support (either by itself or in partnership with other funding institutions) to projects that have significant social and environmental impacts. The … Read More.

The Public Participation Convention and Export Credit Agencies, Working Paper (1999) (Saladin) [IF99-2]

The Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the Public Participation Convention)1 is an international treaty negotiated by the member countries of the United Nations Economic Commission for Europe (UNECE)2. It was opened for signature at the UNECE Ministerial Conference “Environment for Europe” in June 1998. … Read More.

Comments on Improving Identification of Prior Art: Recommendations on Traditional Knowledge Relating to Biological Diversity, Submitted to the United States Patent and Trademark Office (1999) (Wiser & Downes) [LC99-2]

These comments are submitted to the United States Patent and Trademark Office (PTO) in response to its May 27, 1999 Federal Register notice (64 Fed. Reg. 28803) requesting input from the public on the PTO’s procedures and practices for identifying prior art during the examination of a patent application. As explained in Part I below, … Read More.

An Activist’s Handbook on Genetically Modified Organisms and the WTO (Consumer’s Choice Council, 1999) (Stilwell & Van Dyke) [TE99-1]

The purpose of this handbook is to help activists effectively protect the consumer’s right to know about products that have been genetically modified from challenges based on the WTO trade rules. Unless groups representing the public interest become vocal participants in discussions about GMOs and the world trading system, it is likely that WTO rules … Read More.

Effective Dispute Resolution: A Review of Options for Dispute Resolution Mechanisms and Procedures (World Wildlife Fund & CIEL, 1999) (Downes & Penhoet) [TE99-2]

International agreements for conservation and environmental protection typically include both active measures to support compliance, and responsive measures to remedy cases of non- compliance. Positive measures include provisions for financial assistance to developing countries, including small island states, technology transfer, national reporting, cooperative research and monitoring, and centralized committees and secretariats that assemble and analyze … Read More.

Assessing the Effects on Forests of Proposed Trade Liberalization in the Forest Product Sector: Comments Submitted to the Office of the United States Trade Representative and the Council on Environmental Equality (1999) (Downes) [TE99-4]

Trade in forest products can have significant impacts on forests in several ways. The liberalization of trade in forest products can increase trade and intensify its impacts, stimulating or facilitating new trade flows, expansion of existing flows, intensification of production techniques and expansion of productive capacity. Trade liberalization policies and rules can affect implementation of … Read More.

Investment Agreement of the Americas: Environmental, Economic and Social Perspectives (CIEL/El Instituto del Tercer Mundo/Preamble Center, 1999) [TE99-5]

Recent experience with international capital markets suggests that it is not an appropriate time to negotiate a new commercial agreement which would limit signatory countries’ abilities to regulate the flow of capital across international boundaries. But if the investment rules that emerge from negotiations on the Free Trade Area of the Americas (FTAA) are based … Read More.

Los Acuerdos sobre Inversión en las Américas: Perspectivas Económicas, Ambientales y Sociales (CIEL/El Instituto del Tercer Mundo/Preamble Center, 1999) [TE99-6]

Con el fin de abrir un diálogo constructivo sobre aspectos relacionados al trato de la de inversión bajo el Area de Libre Comercio de las Américas (ALCA), hemos querido expresar en este documento algunos puntos de interés sobre los modelos de liberalización de inversión existentes. El objetivo de este documento es detallar los peligros que … Read More.

Amicus Brief to the Appellate Body on United States – Import Prohibition of Certain Shrimp and Shrimp Products (CIEL/CMC/EFL/MAP/PEN/Sobrevivencia) (1999) [TE99-7]

The World Trade Organization is responsible for administering the rules of the international trade system and for resolving trade disputes that may arise between its member countries. In 1997, a dispute arose at the WTO over a US law designed to protect endangered sea turtles. The aim of this amicus brief is to help clarify … Read More.

Trade Measures and Multilateral Environmental Agreements: Resolving Uncertainty and Removing the WTO Chill Factor, Discussion Paper (1999) (WWF/CIEL) (Stilwell & Tuerk) [TE99-8]

This paper examines the potential for conflict between the rules of the World Trade Organization (WTO) and trade measures contained in Multilateral Environmental Agreements (MEAs). The WTO is the preeminent political and legal institution at the international level concerning global trade. It provides a forum for negotiations on trade liberalization, settling trade disputes, and administering … Read More.

Tree Trade: Liberalization of International Commerce in Forest Products – Risks and Opportunities (1999) (World Resouces Institute/CIEL) (Sizer, Downes & Kaimowitz) [TE99-9]

logging, illegal logging, unsustainable logging, timber, timber regulation, palm oil, illegal timber, trade, investment, human rights, trade, investment & human rights, trade investment and human rights, sustainable development, unsustainable development, investment law, unsustainable investment, trade agreement, free trade agreement, free trade, bilateral trade agreements, BTA, MTA, FTA, multilateral trade agreements, host-government agreements,

Safe Trade in the 21st Century (1999) (Greenpeace/CIEL) [TE99-10]

trade, investment, human rights, trade, investment & human rights, trade investment and human rights, sustainable development, unsustainable development, investment law, unsustainable investment, trade agreement, free trade agreement, free trade, bilateral trade agreements, BTA, MTA, FTA, multilateral trade agreements, host-government agreements,

Applying the EPTSD Framework to Reconcile Trade, Development & Environmental Policy Concerns (1999) (WWF/CIEL) (Stilwell) [TE99-13]

The Expert Panel on Trade and Sustainable Development (EPTSD) was convened to examine the interface of international trade, environment and development policy. As part of its work, the EPTSD has developed and is testing its Framework which is aimed at maximising synergies and minimising conflicts between these policies in order to promote their joint contribution … Read More.

Environmental Decision-Making: Discussion, Preparation and Adoption–Summary and Materials of the Conference (Russian version September 1997; English version 1999) (Ivanov, ed., Russian version; Dannenmeir, Pikul & Saladin, eds., English version) [Russian version: EU97-1; English version: EU97-2]

environmental democracy, access rights, Principle 10, Rio Declaration on Environment and Development, right to information, right to consultation, consultation, consent, decision-making, right to remedy, right to redress, Free Prior and Informed Consent FPIC, community rights, Russia

Global Climate Change, in Foreign Policy In focus (Interhemispheric Resource Center and Institute for Policy Studies, Vol. 3, No. 12, May 1998) (Goldberg & Porter) [CC98-4]

Climate change may be one of the defining issues of the twenty-first century, because it pits the potential disruption of our global climate system against the future of a fossil fuel-based economy. Policymakers are the arbiters in this battle. They attempt to negotiate between vastly different interests, and they are challenged both by the sheer … Read More.

Dispute Settlement in the WTO: A Crisis for Sustainable Development (Discussion Paper, May 1998) (CIEL/WWF/CNI/Oxfam) [TE98-6]

WTO, World Trade Organization, trade, investment, human rights, trade, investment & human rights, trade investment and human rights, sustainable development, unsustainable development, investment law, unsustainable investment, trade agreement, free trade agreement, free trade, bilateral trade agreements, BTA, MTA, FTA, multilateral trade agreements, host-government agreements,

Human Rights, Environment, and Economic Development: Existing and Emerging Standards in International Law and Global Society (Spring 1998) (Maggio & Lynch)

Human right, human rights law, individual rights, community rights, access rights, environmental protection, human rights and environmental protection, human rights and environmental issues, Free Prior and Informed Consent, FPIC, United Nations Declaration on the Rights of Indigenous Peoples, UNDRIP, Principle 10, Rio Declaration on Environment and Development, environmental abuses, sustainable development, environmental justice

Responsibility for Non-Compliance Under the Kyoto Protocol’s Mechanisms for Cooperative Implementation (CIEL/EuroNatura, 1998) (Goldberg, Porter, Lacosta & Hillman) [CC98-2]

The Kyoto Protocol contains four cooperative implementation (CI) mechanisms: joint fulfillment (Article 4), joint implementation (Article 6), the Clean Development Mechanism (Article 12), and international emissions trading (Article 17). The common feature of these mechanisms is that they allow for the transfer of greenhouse gas (GHG) emissions allowances between Parties to the Protocol. The question … Read More.

Results of a Survey of Environmental Procedures at Non-U.S. Export Credit and Risk Insurance Agencies (1998) (Bree & Hunter) [IF98-3]

This working paper sets forth the results of an informal survey we took to determine the environmental policies and procedures of selected agencies from other countries that provide export credit or political risk insurance. We researched the web sites of selected foreign agencies that provide political risk insurance and sent requests for information by both … Read More.

Building Alliance between Local People and Lawyers, in Local People and Lawyers: Building Alliances for Policy Change (Washington, DC: Johns Hopkins University School of Advanced International Studies Program on Social Change and Development, 1998) (Lynch) [LC98-1]

environmental democracy, access rights, Principle 10, Rio Declaration on Environment and Development, right to information, right to consultation, consultation, consent, decision-making, right to remedy, right to redress, Free Prior and Informed Consent FPIC, community rights,lawyers, training, building, advocacy

Conflict, Law and Community-Based Natural Resource Management: A Summary of Existing and Proposed Policies (United Nations Food and Agriculture Organization, 1998) (Lynch) [LC98-2]

protecting, rights-based approach, United Nations Declaration on the Rights of Indigenous Peoples, UNDRIP, Forest Defender, redress mechanism, safeguards, non-carbon benefits, resources rights, land rights, community rights, indigenous rights, forest dependent,conflict, communities, community based property rights, resources, development

Law, Pluralism and the Promotion of Sustainable Community-Based Forest Management, 49 Unasylva 194 (1998) (Lynch) [LC98-3]

protecting, rights-based approach, United Nations Declaration on the Rights of Indigenous Peoples, UNDRIP, Forest Defender, redress mechanism, safeguards, non-carbon benefits, resources rights, land rights, community rights, indigenous rights, forest dependent, forest, people, ecosystems, protecting forest people & ecosystems, protecting forest people and ecosystems, indigenous peoples, forest peoples, forest ecosystems, sustainable development, livelihoods, mitigation, forest conservation, … Read More.

International Environmental Law and Foreign Direct Investment (1998) (Hunter & Porter) [TE98-1]

This document addresses how the field of international environmental law approaches issues relating to foreign direct investment (FDI). International environmental law is one of the most important mechanisms for integrating and achieving sustainable development through better environmental protection and economic goals. Although international environmental law is primarily aimed at States (at least in the public … Read More.

Fisheries Conservation and Trade Rules: Ensuring That Trade Law Promotes Sustainable Fisheries (CIEL/Greenpeace, 1998) (Downes & Van Dyke) [TE98-4]

The world’s fisheries are in crisis. Approximately two-thirds of the world’s marine fisheries are exploited at or beyond their capacity for sustainable production, and some have already collapsed. Fishing activities are also harming target species, non-target species, habitats and ecosystems. To avert this crisis, the governments of the world must implement ecologically sustainable fisheries management … Read More.

Implementing the Principles of the Public Participating Convention in International Organizations: Background Document for NGO Session, 3-6pm; June 24, 1998 (FoE Europe, Belgium/CIEL, 1998)(Saladin & Van Dyke) [TE98-5]

This study will explore how the draft Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (hereinafter “draft Convention”) can be used to open up new possibilities for public participation in international decision-making. The purpose of this study is not to provide a detailed analysis or critique of … Read More.

Public Participation in the Process of Environmental Decision-Making: Designing, Implementing, and Enforcing Environmental Standards, Proceedings of Russian Conference (Russian version: May, 1997; English version: November, 1997) (Saladin & Pikul, eds.) [HR97-1]

The State Committee for Environmental Protection of the Russian Federation, the Russian-US Environmental Law Task Force, the United States Agency for International Development, United States Environmental Protection Agency and the Center for International Environmental Law, as a result of their cooperation, realized the need to hold a conference to address various aspects of public participation … Read More.

Una Guía Para Cuidadanos Ante El Grupo De Inspecciòn Del Banco Mundial (Traducciòn No Oficial) (CEMDA, Transparencia, CIEL), Noviembre 1997) (Clark & Hsu) [IF97-1]

El Banco Mundial ( el “Banco”) es un banco multilateral de desarrollo que provee prestamos y credito a paises en desarrollo para fomentar su desarrollo económico y social. A pesar que su misión es el alivio de la pobreza, frecuentemente proporciona apoyo financiero (por si mismo o en con junto con otras instituciones) a proyectos … Read More.

Using Intellectual Property as a Tool to Protect Traditional Knowledge: Recommendations for Next Steps (November 1997) (Downes) [BW97-1]

The knowledge, innovations and practices (traditional knowledge) of indigenous and local communities embodying traditional lifestyles relevant for conservation/sustainable use of biodiversity are being lost at an alarming rate. Traditional knowledge is a valuable heritage for the communities and cultures that develop and maintain them, as well as for other societies and the world as a … Read More.

Water Protection Zones in the Istra Region (Russian version: October 1997; English version: November, 1997) (Galinovskaya, Proskurova, Samonchik & Svetlitskaya) (Russian version September 1997; English version November 1997) (Pikul & Saladin, eds., English translation) [Russian version: EU97-5; English version: EU97-6]

The Rivers of the Istra region are not only an invaluable asset to their inhabitants, but they are also one of the main water supply sources for the city of Moscow. A significant portion (up to 10 percent) of drinking water for the Russian capital comes from the rivers and the lakes of this region. … Read More.

Introduction to Method 9: An Experiment in Establishing a New Environmental Standard (Russian version: October 1997; English version: November, 1997) (Shestakov, ed., Russian version; Saladin, ed., English translation) [Russian version: EU97-3; English Version: EU97-4]

This pamphlet is the result of the work of the Task Force under the Volgograd “Russian Air Management Project.” It is designed to document the experiment in Volgograd to implement a visual method of air emissions evaluation known as “opacity” or “method 9.” The materials can be used to develop this method in other regions … Read More.

Comercio Internacional Y Medio Ambiente: Derecho, EconomÍa y Politicas (1995) (Alanis, Housman, Orbuch, & Zaelke, eds.) (Translation by Eugenia Bec) (Received special award in the Ecology, Environment and Law Category at the Buenos Aires International Book Fair, April 1997) [TE97-3]

environmental democracy, access rights, Principle 10, Rio Declaration on Environment and Development, right to information, right to consultation, consultation, consent, decision-making, right to remedy, right to redress, Free Prior and Informed Consent FPIC, community rights, biodiversity, ecosystems, habitats, living resources, wildlife, fish, fisheries, forests, conservation, species, endangered species, Convention on International Trade in Endangered Species … Read More.

World Bank Authorizes Inspection into Massive Dam Project in Argentina and Paraguay (March 1997)

environmental democracy, access rights, Principle 10, Rio Declaration on Environment and Development, right to information, right to consultation, consultation, consent, decision-making, right to remedy, right to redress, Free Prior and Informed Consent FPIC, community rights, World Bank, World Bank Group, Bank, World Bank accountability mechanisms, Lessons Learned, World Bank safeguard policies, accountability mechanism, independent accountability … Read More.

Thinking Globally and Acting Locally: The Internationalization of State and Local Environmental Law in Florida 2020: Visions of Our Future, The Third Annual Public Interest Environmental Conference (Journal of the Public Interest Environmental Conference, Vol. 1, No. 1, Spring 1997) (Lynch)

The field of international environmental law is one of the most dynamic and growing fields of international law. By some estimates, more than eight hundred multilateral and bilateral agreements now contain provisions dealing with one o:r more aspects of the environment. In addition, several key decisions by international tribunals and arbitral panels have recognized the … Read More.

Trade and Environment, in Global Focus: A New Foreign Policy Agenda, 1997-1998 (Interhemispheric Resource Center and Institute for Policy Studies, 1997) (Hunter & Van Dyke) [TE97-2]

The relationship of international trade policy and environmental protection exploded into the U.S. public debate in the early 1990s-first, because of Mexico’s trade challenge to a U.S. law aimed at reducing the number of dolphins killed in tuna fishing nets and second, because of the acrimonious debate over the environmental implications of the North American … Read More.

Effectiveness of Trade & Positive Measures in Multilateral Environmental Agreements: Lessons from the Montreal Protocol Agreements (United Nations Environment Programme, 1997) (Goldberg, et al.) [CC97-2]

Trade measures and positive measures must be evaluated within the context of the MEA in which they are found. Their raison d’etre is to advance the objectives of the overall regime; therefore, their success or failure must ultimately be measured by their tendency to advance or inhibit the purposes for which the regime as a … Read More.

Legal Concepts and Strategies for Promoting Community-Based Natural Resource Management: Insights from the Philippine and Other Nations (1997) (Lynch) [LC97-1]

environmental democracy, access rights, Principle 10, Rio Declaration on Environment and Development, right to information, right to consultation, consultation, consent, decision-making, right to remedy, right to redress, Free Prior and Informed Consent FPIC, community rights, protecting, rights-based approach, United Nations Declaration on the Rights of Indigenous Peoples, UNDRIP, Forest Defender, redress mechanism, safeguards, non-carbon benefits, … Read More.

Trade and the Environment: Law, Economics and Policy (Island Press, 1993) (Zaelke, Orbouch & Housman) Book Awarded Prestigious International Book Prize in Buenos Aires, July, 1997 [Available from Island Press]

trade, investment, human rights, trade, investment & human rights, trade investment and human rights, sustainable development, unsustainable development, investment law, unsustainable investment, trade agreement, free trade agreement, free trade, bilateral trade agreements, BTA, MTA, FTA, multilateral trade agreements, host-government agreements,

The Joint Implementation Pilot Phase: A Call for Independent Evaluation (August 1996) (Goldberg) [CC96-1]

climate, climate change, two degrees, global warming, fossil fuel, emissions, mitigation, energy, energy efficiency, clean energy, dirty energy, climate change denialism, climate change liability, climate change responsibility, climate impacts, emissions, CO2 emissions, greenhouse gas, greenhouse gasses, GHG, industrial greenhouse gas emissions, pollution, anthropocene, renewable energy, displacement, deforestation, finance, climate finance, climate mitigation, adaptation, climate adaptation, … Read More.

Biodiversity in the Seas: Conservation and Sustainable Use Through International Cooperation, CIEL Brief No. 4 (1996) (de Fontaubert & Downes) [BW96-1]

Biodiversity in the Seas is intended to promote effective application of the Biodiversity Convention in coastal and marine environments. It is based in large part on the recommendations. of the “Jakarta Mandate” agreed to by the Convention’s Parties at their Second Conference in Jakarta in November 1995. The Jakarta Mandate identifies the major threats to … Read More.

Biodiversidad en los Mares: Conservación y Uso Sostenible a través de la Cooperación Internacional (traducción de ‘Biodiversity in the Seas’, CIEL Brief No. 4 (1996) (de Fontaubert & Downes) [BW96-2]

biodiversity, ecosystems, habitats, living resources, wildlife, fish, fisheries, forests, conservation, species, endangered species, Convention on International Trade in Endangered Species of Wild Fauna and Flora, CITES, marine, ocean, oceans, sea, seas, United Nations Convention on the Law of the Sea, UNCLOS, fish stocks, overfishing, sustainable, sustainable use, foreign investors, tribunals, investor-state disputes, investor-state dispute settlement, … Read More.

Biodiversity in the Seas: Implementing the Convention on Biological Diversity in Marine and Coastal Habitats (IUCN/CIEL/WWF, 1996) (de Fountaubert, Downes & Agardy) (republished in Georgetown International Environmental Law Review 10:753-854) [BW96-3]

Marine and coastal biological diversity (biodiversity) encompasses the enormous variety of marine and coastal species and their genetic variety, the global ocean’s cornucopia of living resources, myriad coastal and open sea habitats and ecosystems, and the wealth of ecological processes that support all of these. The oceans cover over seventy percent of the planet’s surface … Read More.

Agreements to Collect Biodiversity for Pharmaceutical Research: Major Issues and Proposed Principles, in Valuing Local Knowledge: Indigenous People and Intellectual Property Rights (Island Press, 1996) (Grifo & Downes) [BW96-4]

The entry into force of the United Nations Convention on Biological Diversity opened the door to bilateral and multilateral agreements becoming an internationally accepted means of negotiating access to and benefits from use of genetic resources. While providing an international statutory framework for assuring the equitable sharing of benefits, the convention provides no concrete direction … Read More.

Global Trade, Local Economies and the Convention on Biological Diversity, in William J. Snape, ed., Biodiversity and the Law: Challenges and Opportunities (Island Press, 1996) (Downes) [BW96-6]

The Convention on Biological Diversity represents one of the international legal systems initial efforts to unite economic and environmental issues in a relatively balanced way within a single legal instrument.1 In fact. the Biodiversity Convention is one of the most ambitious attempts in any legal system to integrate environmental goals with a wide range of … Read More.

Using Law to Protect the Environment: Case Studies from Around the World (United States Agency for International Development, 1996) (Saladin, Porter & Hunter, eds.)

The case studies in this collection were compiled by the Center for International Environmental Law (CIEL) for the US Agency for International Development (USAID) to illustrate how law and related instruments can be used to bring about positive environmental change. These case studies are the first in what we hope will become a continuing series … Read More.

What Price Biodiversity? Economics and Biodiversity Conservation in the United States (1995) (Clark & Downes)(republished in 11 Journal of Environmental Law & Litigation 9: 1996) [BW96-8]

biodiversity, ecosystems, habitats, living resources, wildlife, fisheries, forests, conservation, species, endangered species, Convention on International Trade in Endangered Species of Wild Fauna and Flora, CITES, mahogany, logging, illegal logging, unsustainable logging, timber, timber regulation, palm oil, illegal timber,

Lending Credibility: New Mandates and Partnerships for the World Bank (World Wildlife Fund, Berne Declaration, CIEL, and PUEBLO, 1996) (Hunter) [IF96-1]

This paper addresses the role of the World Bank in improving governance, strengthening civil society, and protecting human rights. Historically, the Bank’s perspective on these issues has reflected a narrow economic view of development that largely neglects social and political factors. This view of development is deeply entrenched in the Bank, reflecting the collective interests … Read More.

Amazon Burning and the World Bank: Lessons from the Second World Bank Inspection Panel Claim, in Econotes: Environmental Law & Policy Vol.1, No. 2 (The Environmental Law Society, American Washington College of Law, Spring 1996) (Hunter) [IF96-2]

The PLANAFLORO claim was filed in June 1995 by twenry-five Brazilian organizations representing small farmers, rubber cappers, indigenous communities, rural unions, and environmental and human rights groups affected by the loan by the World Bank to construct the Narmada Dam in Brazil. The 80-page claim emphasizes the Bank’s failure to supervise implementation of the loan, … Read More.

Making Environmental Law in Asia More Effective: Participant’s Report of a Regional Workshop (1996)

This workshop brought together invited professionals from throughout Asia and North America with a wide range of environmental management perspectives (e.g. , ministries, regulatory agencies, the courts, private industry, voluntary organizations, academia and practicing lawyers). Our purpose was to consider how environmental laws in Asia may be designed to more effectively meet local conditions. While … Read More.

Natural Resource Subsidies, Trade and Environment: The Case of Forests and Fisheries (1996) (G. Porter)

As tariffs have been reduced by successive multilateral trade liberalization agreements, subsidies have emerged as a major issue in international trade policy. And as environmental concerns have been linked with trade issues, it has increasingly been recognized that subsidies can have significant environmental implications. In the past year, the issue of subsidies and the environment … Read More.

The European Bank for Reconstruction and Development: An Environmental Progress Report, Executive Summary (A CIEL Critique of EBRD’s Environmental Policies) (November, 1995)

The European Bank for Reconstruction and Development (EBRD) is the first multilateral development bank to have an explicit environmental mandate in its charter. The charter states that the Bank is to “promote in the full range of its activities environmentally sound and sustainable development.” It also proclaims commitments to democracy and democratic institutions, rule of … Read More.

Chilean Accession to the North American Free Trade Agreement, Testimony of Robert Housman Before Ways and Means Committee, Trade Subcommittee, of the U.S. House of Representatives (June 21, 1995) (Housman)

Chairman Crane, members of the Subcommittee, thank you for the opportunity to appear before you today on Chilean accession to the North American Free Trade Agreement {NAFTA). My name is Robert Housman, I am a Senior Attorney with the Center for International Environmental Law (CIEL) in Washington, D.C.. Brennan Van Dyke and David Hunter, both … Read More.

CITES and The Precautionary Principle: The Burden to Show that a Use is Sustainable (Humane Society of the United States, 1995) (Wold) [BW95-1]

Logging, illegal logging, unsustainable logging, timber, timber regulation, palm oil, illegal timber, biodiversity, ecosystems, habitats, living resources, wildlife, fisheries, forests, conservation, species, endangered species, Convention on International Trade in Endangered Species of Wild Fauna and Flora, CITES, mahogany, development, sustainable development,

The New Listing Criteria Proposed by the Standing Committee Violate CITES and are Inconsistent with the Theory of Sustainable Use (Humane Society of the United States, 1995) (Wold) [BW95-2]

Logging, illegal logging, unsustainable logging, timber, timber regulation, palm oil, illegal timber, biodiversity, ecosystems, habitats, living resources, wildlife, fisheries, forests, conservation, species, endangered species, Convention on International Trade in Endangered Species of Wild Fauna and Flora, CITES, mahogany, development, sustainable development,

The Relationship of CITES to the ITTA (International Tropical Timber Agreement) and ICCAT (International Convention for the Conservation of Atlantic Tuna) (Humane Society of the United States, 1995) (Wold) [BW95-3]

Trade, investment, human rights, trade, investment & human rights, trade investment and human rights, sustainable development, unsustainable development, investment law, unsustainable investment, trade agreement, free trade agreement, free trade, bilateral trade agreements, BTA, MTA, FTA, multilateral trade agreements, host-government agreements, biodiversity, ecosystems, habitats, living resources, wildlife, fisheries, forests, conservation, species, endangered species, Convention on International … Read More.

The Relationship between the Trade Measures of CITES and the Provisions of GATT (Humane Society of the United States, 1995) (Wold) [BW95-4]

forest, people, ecosystems, protecting forest people & ecosystems, protecting forest people and ecosystems, indigenous peoples, forest peoples, forest ecosystems, sustainable development, livelihoods, mitigation, forest conservation, deforestation, Reducing Emissions from Deforestation and Forest Degradation, REDD+, governance, forest governance, benefits, lands, territories, resources, rights-based approach, Free, Prior and Informed Consent, FPIC, prior art, traditional knowledge, timber, logging, … Read More.

Balancing Acts: Community-Based Forest Management and National Law in Seven Asian and Pacific Countries (Washington, DC: World Resources Institute, 1995) (Lynch & Talbott)

Logging, illegal logging, unsustainable logging, timber, timber regulation, palm oil, illegal timber, protecting, rights-based approach, United Nations Declaration on the Rights of Indigenous Peoples, UNDRIP, Forest Defender, redress mechanism, safeguards, non-carbon benefits, resources rights, land rights, community rights, indigenous rights, forest dependent, Asia

The Use of Trade Measures in Select Multilateral Environmental Agreements (United Nations Environment Programme, 1995) (Housman, Goldberg, Van Dyke, & Zaelke, eds.) [TE95-1]

One of the most contentious issues at the UN Conference on Environment and Development was the Convention on the Protection of Biological Diversity. The goal of the Convention is to foster protection of biological resources, particularly· those found in tropical forests. Plants, animals, and derivatives of plants and animals are to be preserved, with particular … Read More.

Democratizing International Trade Decision-making, 27 Cornell Law Journal 699 (1995) (Housman) [TE95-2]

While international trade agreements can provide a number of important economic and other benefits, from a democracy perspective, the continued strengthening of undemocratic international trade decision- making is troubling. Failures to democratize trade decision-making are troubling because these failures squander an important opportunity to further the recognition of democratic principles in undemocratic nations. These democratic … Read More.

A Comparison of Six Environmental Impact Assessment Regimes: The United States, Romania, Bulgaria, The Czech Republic, Slovakia, The European Community, The World Bank, The European Bank for Reconstruction and Development (1995) (Goldberg) [EU95-1]

On Jan 1, 1970 the U.S. National Environmental Policy Act (NEPA) was signed into law. NEPA’s principal, and most innovative, feature was its requirement that an environmental impact assessment (EIA) be prepared for every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment. Since … Read More.

The World Bank’s New Inspection Panel (November 1994) (Hunter & Udall)

This summer, the World Bank took an unprecedented step. It became the first international financial institution to make itself directly accountable to citizens in borrowing countries. As of 1 August-the date the bank’s new inspection panel assumed its duties-affected parties can ask the panel to investigate their claims that the bank has failed to follow … Read More.

The World Bank’s New Inspection Panel and the Need to Create an International Framework Agreement for Administrative Procedures, Testimony of Durwood Zaelke and David Hunter Before the Subcommittee on International Development, Finance, Trade and Monetary Policy (June 21, 1994) (Zaelke & Hunter) [IF94-2]

World Bank, World Bank Group, Bank, World Bank accountability mechanisms, Lessons Learned, World Bank safeguard policies, International Finance Corporation, IFC, Multilateral International Guarantee Agency, MIGA, BRICs, Compliance Advisor Ombudsman, CAO, P4R, Program-For-Results, Country Systems, financial intermediaries, International Bank for Reconstruction and Development, IBRD, International Development Association, IDA, International Monetary Fund, IMF, accountability mechanism, independent accountability … Read More.

GATT Tuna-Dolphin II: Environmental Protection Continues to Clash with Free Trade, CIEL Brief No. 2 (June, 1994) (Goldberg) [TE94-1]

Trade, investment, human rights, trade, investment & human rights, trade investment and human rights, sustainable development, unsustainable development, investment law, unsustainable investment, trade agreement, free trade agreement, free trade, bilateral trade agreements, BTA, MTA, FTA, multilateral trade agreements, host-government agreements, tuna, dolphins, environmental protection, marine, ocean, oceans, sea, seas, United Nations Convention on the Law … Read More.

Common Problems, Uncommon Solutions (Baguio, Philippines: Proceedings from the NGO Policy Workshop on Strategies for Effectively Promoting Community-Based Management of Tropical Forest Resources: Lessons from Asia & Other Regions, May 19-23, 1994) (Berdan & Pasimio, eds.) [LC4-1]

Logging, illegal logging, unsustainable logging, timber, timber regulation, palm oil, illegal timber, protecting, rights-based approach, United Nations Declaration on the Rights of Indigenous Peoples, UNDRIP, Forest Defender, redress mechanism, safeguards, non-carbon benefits, resources rights, land rights, community rights, indigenous rights, forest dependent, Philippines

Helping the Global Environmental Facility Achieve its Mission, Testimony of the Center for International Environmental Law before the U.S. House of Representatives Subcommittee on International Development, Trade and Monetary Policy (April 14, 1994) (Goldberg) [CC94-2]

The Global Environmental Facility is at a turning point. The pilot phase is nearly behind us. Almost two years of restructuring negotiations and an independent evaluation have identified a need for fundamental changes. But the GEF’s mission-to help developing countries address global environmental problems-remains unchanged. Indeed, it is more important than ever that the GEF … Read More.

The World Bank’s New Inspection Panel: Will It Increase the Bank’s Accountability?, CIEL Brief No. 1 (Apr. 1994) (Hunter & Udall) [IF94-1]

On September 21, 1993, the Executive Directors of the World Bank took unprecedented action in creating an independent inspection panel to address complaints related to Bank projects and the Bank’s failure to follow its own rules. For the first time in the Bank’s 50-year history, citizens, associations, and nongovernmental organizations harmed by Bank funded developments … Read More.

Promoting Environmental Standards Through Trade and Other Legal Mechanisms, Testimony of Durwood Zaelke Before the Subcommittee on International Development, Finance, Trade and Monetary Policy (March 23, 1994) (Zaelke)

Chairman Frank, members of the Subcommittee, thank you for the opportunity to testify today on the issue of environmental standards and trade. My name is Durwood Zaelke. I am the President of the Center for International Environmental Law (CIEL), as well as an Adjunct Law Professor at the American University, Washington College of Law, where … Read More.

Environmental Ramifications of the Final Agreement of the Uruguay Round of GATT, Testimony of the Center for International Environmental Law on Behalf of the Sierra Club and Defenders of Wildlife before the Senate Committee on Commerce, Science and Transportation (February 3, 1994) (Housman) [TE94-4]

Chairman Kerry, Members of the Subcommittee, thank you for the opportunity to testify before you concerning the environmental ramifications of the Final Agreement (the Final Agreement or the Agreement)1 of the Uruguay Round of the General Agreement on Tariffs and Trade (the GATT).2 My name is Robert Housman. I am a Staff Attorney with the … Read More.

A Proposal to Introduce the Right to a Healthy Environment into the European Convention Regime, 13 Virginia Environmental Law Journal 101 (1994) (Van Dyke) [HR94-1]

The notion that human beings have a right to a healthy environment is far more controversial in Europe than it ought to be. Fundamental human rights, those recognized in the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention or Convention)1 as well as in other leading international texts on human … Read More.

Tenurial Rights and Community-based Conservation, in Natural Connections: Perspectives in Community-based Conservation (Island Press, 1994) (Lynch & Alcorn) [LC94-2]

A growing number of conservationists have concluded that secure property rights are essential elements for community-based conservation (CBC) Initiatives (Brown and Wyckoff-Baird 1992). According to at least one analyst, it is more important for conservationists to promote recognition or establishment of appropriate property rights in buffer zones and conservation areas than to establish appropriate vegetation … Read More.

The North American Free Trade Agreement’s Lessons for Reconciling Trade and the Environment, 30 Stanford Journal of International Law 379 (1994) (Housman)

The North American Free Trade Agreement (NAFTA) creates a free trade zone that stretches from the Yukon to the Yucatan, encompassing Mexico, Canada and the United States. The NAFTA has been touted as creating a US$6 trillion market made up of some 360 million consumers — the world’s largest. While these numbers were the primary … Read More.

Protecting Sensitive Aquatic Habitats in the Gulf of Aqaba, in Protecting the Gulf of Aqaba: A Regional Environmental Challenge (Environmental Law Institute, 1993) (Hewison & Oran) [CC93-6]

The Gulf of Aqaba contains a variety of outstanding and unique sensitive aquatic habitats, including extensive rocky outcroppings, shallow coastal lagoons, mangrove thickets, and world-renowned coral reefs. Each of these habitats in turn supports a multitude of species. When marine protected areas (MPAs) were created in the past, the founders often failed to comprehend how … Read More.

Reducing Greenhouse Gas Emissions: A Combined Strategy Using Fees, Permits, and Country Commitments, 3 Duke Environmental Law & Policy Forum (1993) (Goldberg) [CC93-7]

This article proposes a strategy for reducing greenhouse gas (GHG) emissions in industrial countries, limiting the growth of emissions in developing countries, and reducing or eliminating deforestation. By combining the most useful elements of country commitments, international emissions fees, and international marketable permits, these three goals may be achieved. Part I of this article describes … Read More.