El propósito de Conozca sus Derechos Frente a REDD+: Una guía para líderes de comunidades locales y pueblos indígenas (“Mi Guía”) es que usted cuente con la información necesaria sobre los derechos humanos para la defensa de los derechos de sus comunidades locales y pueblos indígenas en el contexto de la Reducción de Emisiones por … Read More.
The potential overall impact of nanotechnologies on society has been heralded as being on- par with the industrial revolution, and few technologies have triggered as many comments, hopes, fears, and radical statements as nanotechnology. Nanoscience and nanotechnologies are revolutionizing our understanding of matter and are likely to have profound implications for all sectors of society. … Read More.
Know Your Rights Related to REDD+ (My Guide) provides fundamental information about human rights that you can use to defend the rights of communities and indigenous peoples in confronting issues related to Reducing Emissions from Deforestation and Forest Degradation (REDD+) initiatives. It is also relevant in the context of other forest governance initiatives, such as … Read More.
Industry proposals to implement more stringent standards on data protection and confidential business information through the Transatlantic Trade and Investment Partnership (TTIP) negotiations would limit access to data and information, adversely affecting efforts to improve public health, consumer safety and the environment. In the case of hazardous chemicals, inventors need access to information about chemical … Read More.
Slides from a presentation about ForestDefender, a legal database that provides a snapshot of international human rights and obligations relevant to forest governance. It captures the large amount of information found from various sources and presents it in a way that is easily accessible to and usable by lawyers, activists and community members alike. See full … Read More.
All around the world, nanotechnology is being promoted as a technological revolution that will help solve an array of problems. According to the current hype, nanotechnology promises to provide new ways of solving some of the Asia-Pacific Region’s chronic challenges, such as treating tuberculosis and malaria, making water drinkable, conserving food, and diversifying energy sources, … Read More.
At the recent meeting in Bali, the Green Climate Fund’s Board instructed the Secretariat to further develop the accreditation system and safeguard standards for discussion in the May 2014 Board meeting and inputs were requested from civil society. This submission provides some initial commentary on the progress report, the accreditation system and the proposed environmental … Read More.
The Compendium on Human Rights and the Environment takes stock of the normative and jurisprudential developments in the field of human rights and the environment. It describes international instruments that relate to human rights and the environment, such as multilateral environmental agreements, international human rights treaties, and international resolutions and declarations. Read full text.
An unprecedented trade agreement is being negotiated between the European Union (EU) and the United States (US). The proclaimed aim of the proposed Trans-Atlantic Trade and Investment Partnership (TTIP) is to increase trade between the two trading blocs through the minimization of technical barriers to trade (TBTs). According to economic estimates used by the European … Read More.
A proteção da população contra produtos químicos tóxicos exige a intervenção do Estado. Os impactos na saúde pública associados a produtos químicos tóxicos — cancro, asma, obesidade, diabetes, problemas de conceção e de manutenção da gravidez e muitos outros — cifram-se, numa estimativa prudente, em centenas de milhares de milhões de euros por ano, suportados, … Read More.
La protection du public contre les produits chimiques toxiques nécessite une action gouvernementale forte. Selon des estimations prudentes individus et les finances publiques, pas par les fabricants. Contrairement à la faiblesse du système de gestion des produits chimiques du gouvernement fédéral des États-Unis, l’Union européenne (UE) a commencé à mettre en œuvre des politiques relativement plus sévères sur … Read More.
Protecting the public from toxic chemicals requires government action. The vast majority of tens of thousands of chemical used in the United States (US) do not have adequate safety information. For example, less than 2 % of chemicals on the market have actually been tested for carcinogenicity. And for the several hundred with unquestionable data … Read More.
The Movimiento 10 de Abril para Defensa del Rio Tabasará (M10), the Interamerican Association for Environmental Defense (AIDA), the Center for International Environmental Law (CIEL), and Earthjustice respectfully submit this urgent appeal to United Nations Special Procedures on behalf of members of the indigenous Ngöbe community who imminently face forced eviction from their land due … Read More.
Protecting the public from toxic chemicals requires government action. The public health impacts linked to toxic chemicals—e.g. cancer, asthma, obesity, diabetes, difficulty conceiving and maintaining pregnancy, and many others—are conservatively estimated to cost the public, governments and businesses hundreds of billions of Euros per year, which is almost entirely borne by individuals and public resources, … Read More.
The following is a summary report from the Warsaw Dialogue, which provided an opportunity for participants with diverse perspectives on climate‐induced displacement and relocation to share their knowledge and expertise. The workshop was part of a larger initiative on climate change and community‐based relocation, which is part of the Many Strong Voices (MSV) Programme. The … Read More.
This briefing paper analyzes key human rights issues addressed during the negotiations and in the decisions adopted at COP19 in Warsaw, Poland. Members of the Human Rights & Climate Change Working Group contributed to this paper, focusing in particular on: ambition (shortterm mitigation); Clean Development Mechanism (CDM); gender; Green Climate Fund (GCF); public participation; and … Read More.
The term “human rights defenders” refers to women and men, who, individually or in association with others, act for the promotion and protection of others’ universally recognised human rights and fundamental freedoms, in conformity with universal and international human rights instruments. It encompasses both professional and non-professional individuals, groups and associations, who advocate for civil … Read More.
The undersigned organizations are writing to express our opposition to the inclusion of investor-state dispute settlement (ISDS) in the Trans-Atlantic Trade and Investment Partnership (TTIP). ISDS grants foreign corporations the right to go before private trade tribunals and directly challenge government policies and actions that corporations allege reduce the value of their investments. Even if … Read More.
This is the first in a series of updates from CIEL on negotiations towards a potential trade and investment agreement between the EU and U.S. This edition provides a general overview of progress to date, as well as a survey of key health and environmental issues that have been raised. Future editions will focus on … Read More.
The current system for regulation of chemicals is wholly inadequate to meet the challenges posed by the modern chemicals economy. Cancer rates have increased. The amounts of chemicals in our bodies have increased. Absent greater regulatory action, they will continue to increase. This is an international public health problem that remains unsolved. Public health is … Read More.
In July 2013, the United Nations Commission on International Trade Law (UNCITRAL) adopted a package of rules aiming to ensure transparency in investor-State arbitration (the “Rules on Transparency”), ratifying the work done by delegations to UNCITRAL—comprised of 55 Member States, additional observer States and observer organizations—over the course of nearly three years of negotiations. … Read More.
As set forth in its proposed Environmental and Social Policy, the Adaptation Fund Board aims to establish policies and processes that, if effectively implemented, will help: prevent environmental, social and human harm; promote sustainable development; maximize participation, transparency, and accountability; and ensure consistency across projects. Once finalized, the Environmental and Social Policy should be incorporated into the … Read More.
To protect the environmental health and safety of consumers, workers and children around the world, what is needed is not free trade agreements, but better trade agreements. Agreements that see public protection not as a competing goal but the highest goal, and leverage the power of markets to serve the global good. Agreements that enhance … Read More.
Summary of how climate change impacts and response measures are affecting the full and effective enjoyment of human rights; includes a summary of relevant activities and decisions taken at the Human Rights Council, UNFCCC and other policy processes. Increased attention to the human dimensions of climate change, including in the current negotiations under the UN … Read More.
The UN is exploring how to bring together the various global chemical treaties, but the pace of change is too slow. For the first time, the Conferences of the Parties to three principal treaties for chemicals management met in back-to-back sessions from 26 April to 10 May in Geneva. This “extraordinary” meeting of the parties … Read More.
Throughout the REDD+ negotiations, Parties have dedicated much time and attention to both the local and national drivers of deforestation, while international and transboundary drivers, though equally significant, have received far less attention. Some Parties continue to argue that the UNFCCC cannot tackle drivers because that would interfere with trade regulations under the World Trade … Read More.
Without taking further time to re-state our written comments provided on May 10, 2013 together with ClientEarth, CIEL wishes to address certain issues in other submissions that relate to the regulation of the chemical industry, transparency, and public participation. My comments today are directed towards why calls for “enhanced regulatory cooperation” on chemicals regulation between … Read More.
Paths to Global Chemical Safety: The 2020 Goal and Beyond analyzes global agreements for chemical safety with a special focus on SAICM and the three legally binding treaties—the Basel Convention, the Rotterdam Convention, and the Stockholm Convention. The very recent conclusion of negotiations over a treaty for mercury impeded detailed consideration of this instrument. This … Read More.
Are innovation and the law at odds? A closer look shows that stronger laws for the management of hazardous chemicals help to drive innovation in chemical and product sectors. Innovation is especially relevant today as the US$ 4.1 trillion (3.1 trillion euro) global chemical industry faces increasing pressure from consumers, retailers, and investors demanding safer … Read More.
Overall, the outcomes from Doha demonstrate, yet again, a failure of political will to take the urgent action that is needed to solve the climate crisis. In addition, human rights are not directly reflected in the Doha decisions despite the fact that the issues discussed and the decisions made impact the lives and livelihoods of … Read More.
Over the past several years, the human rights implications of climate change have become more evident. While extreme weather events and slow onset changes caused by climate change affect the exercise of human rights, the implementation of climate change policies – in relation to both mitigation and adaptation – may also lead to the infringement … Read More.
In response to the call for information, views and proposals on the Durban Platform Work Plan, the Human Rights & Climate Change Working Group, Center for International Environmental Law, Earthjustice, Foundation for GAIA, Interamerican Association for Environmental Defense (AIDA), Planetary Association for Clean Energy, and World Council of Churches respectfully make the following submission. This … Read More.
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.
The document attached is the result of several years of experience of work on the issue of nanomaterials carried out by BUND, CIEL and ClientEarth. It draws on participation in consultations, expert groups and from interaction with all stakeholders (including Member States, European Commission, and European Parliament, the NGO community, trade unions and industry associations). … Read More.
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.
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.
The last ten years have seen a surge in the use of a new model of lending by institutions that fund development. This model departs from the direct financing of projects or programs in developing countries. Instead, funds are channelled through financial intermediaries (Fis), such as private equity funds, banks, or credit agencies. FI lending … Read More.
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.
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.
As the Rio+20 UN Conference on Sustainable Development in June 2012 nears, the international community is once more faced with the challenge of integrating a complex array of environmental, social and economic issues within the umbrella of sustainable development. Addressing the challenge of integration in Rio+20 cannot ignore the efforts at integration of human rights … Read More.
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.
(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.
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.
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.
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.
Analysis of the World Bank Eskom loan to fund a large energy project in South Africa and how the World Bank’s Energy Strategy Review and approach to analyzing coal projects does not factor all costs associated with coal-based power projects. In early 2010, the World Bank Group (Bank) approved a loan of 3.75 billion dollars … Read More.
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.
Informe preparado por el Centro para el Derecho Internacional Ambiental para la audiencia general del 25 de octubre de 2010 durante el 140º período ordinario de sesiones de la Comisión Interamericana de Derechos Humanos.
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.
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 (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.
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.
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.
On May 31 and June 1, 2010, the International Centre for Settlement of Investment Disputes (ICSID), for the first time, webcast its hearing in real-time to the public in the Pac Rim Cayman LLC v. Republic of El Salvador case. ICSID’s decision is a major step towards increasing transparency in investor-State arbitrations, as the debate … Read More.
The Lautenberg bill and Rush-Waxman discussion draft each contain provisions intended to allow the United States to ratify and implement the Stockholm Convention and LRTAP POPs Protocol. Both the bill and discussion draft provide the public with reasonable opportunities for notice and comment when chemicals are considered for addition to the treaties. Both the bill … Read More.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Presentation materials by Daryl Ditz, PhD, for the ChemSec Substitution Conference, September 17, 2008. Read full text.
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.
This paper will look at two types of standards: product standards that describe a good’s characteristics, such as energy efficiency; and standards that describe how a good was made, based on processes and production methods (PPMs), such as carbon-intensity for manufacturing. For both types, the paper asks how they might be better used to aid … Read More.
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.
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.
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 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.
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.
In two recent prominent disputes in the World Trade Organization (WTO), developing country complainants are using the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) to induce compliance with favorable WTO rulings. Brazil in the US – Cotton dispute and Antigua in the US – Gambling case announced their intention to “cross-retaliate” … Read More.
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.
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.
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.
From 2 1-25 January 2008, the Working Group on Access and Benefit Sharing (ABS) of the Convention on Biological Biodiversity (CBD) is meeting in Geneva, for the first time in its history.1 In the seven years that it has been in operation the ABS Working Group has discussed how to enable and operationalize the primary … Read More.
The United Nations Commission on International Trade Law (UNCITRAL) agreed to give priority to the revision of its arbitration rules in July 2006.1 The UNCITRAL Arbitration Rules have been in force since their adoption by UNCITRAL and the United Nations General Assembly in 1976. Over the last 30 years, the UNCITRAL Rules have inspired domestic … Read More.
CIEL and IISD seek a very limited number of additions to the UNCITRAL Arbitration Rules in order to take account of the important public interest aspects of investor-State arbitrations, while at the same time leaving untouched the Rules’ application to other types of arbitrations and avoiding undue delay, disruption or cost. The principles underlying our … Read More.
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.
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.
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.
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.
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 disposal of tyre waste is a worldwide health and environmental problem, and both the European Communities and Brazil are trying to minimize the impact of tyre waste on their environment and the health of their people. Retreading tyres in order to extend their usable life is one way of contributing to diminishing the tyre … Read More.
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.
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.
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.
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.
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.