Social and Environmental Implications of Nanotechnology Development in Asia-Pacific (Azoulay, Foladori and Senjin) (March 2014)

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.

Civil Society Submission to the Green Climate Fund on Accreditation, Safeguards and Fiduciary Standards (March 2014)

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.

UNEP Compendium on Human Rights and the Environment: Selected international legal materials and cases (UNEP/CIEL) (March 2014)

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.

Toxic Partnership: A critique of the ACC-CEFIC proposal for trans-Atlantic cooperation on chemicals (CIEL/Client Earth) (March 2014)

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.

«T» de tóxico? Sete coisas que todos deveríamos saber acerca das negociações para um acordo de comércio UE-EUA («TTIP» ou «TAFTA») e da regulamentação dos produtos químicos [EU Version – Portugues] (Tuncak) (February 2014)

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.

“T” comme Toxique? Sept bonnes raisons de s’inquiéter des impacts potentiels du TAFTA sur la réglementation chimique européenne [EU Version – Francais] (Tuncak) (February 2014)

  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.

“T” for Toxic? Seven things everyone should know about the EU-US trade neotiations (aka “TTIP” or TAFTA”) and chemical regulation [US Version] (Tuncak) (February 2014)

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.

Imminent Forced Evictions of Indigenous Ngobe Families due to Barro Blanco Dam in Panama (February 2014)

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.

“T” for Toxic? Seven things everyone should know about the EU-US trade neotiations (aka “TTIP” or TAFTA”) and chemical regulation [US Version] (Tuncak) (February 2014)

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.

Climate Change and Community-Based Relocation: Supporting Adaptation, Protecting Human Rights (January 2014)

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.

Summary of Rights-Based Developments at COP19 (December 2013)

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.

Land and Environmental Rights Defenders in Danger: an Overview of Recent Cases (December 2013)

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.

Opposition to the inclusion of investor-state dispute settlement in the Trans-Atlantic Trade and Investment Partnership (December 2013)

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.

Statement and oral testimony of Carroll Muffett, CIEL President and CEO, as delivered to US House Energy & Commerce Committee Subcommitee on Commerce, Manufacturing, and Trade (July 2013)

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.

New UNCITRAL Arbitration Rules on Transparency: Application, Content, and Next Steps (CIEL, IISD, and Vale Columbia Center) (2013)

  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.

Submission on Proposed Adaptation Fund Environmental & Social Policy (September 2013)

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.

Statement by CIEL President and CEO, on behalf of CIEL, Friends of the Earth & Sierra Club, to US House of Representatives Energy & Commerce Committee (July 24, 2013)

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.

Climate Change and Human Rights: A Primer (Orellana & Johl) (REVISED July, 2013)

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 Not So Super COP: The UN is exploring how to bring together the various global chemical treaties, but the pace of change is too slow (Baskut in Chemical Watch)(June 2013)

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.

REDD: Addressing the Drivers — A case for the WTO? (June 2013)

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.

Oral comments at public hearing on the Transatlantic Trade and Investment Partnership (May 29, 2013)

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 (Tuncak, Ditz) (March 2013)

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.

Driving Innovation: How stronger laws help bring safer chemicals to market (Full version). See also [Executive Summary] [Resume en Francais] (Tuncak) (February 2013)

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.

Sumission to the Ad Hoc Working Group on the Durban Platform for Enhanced Action Regarding Information, Views and Proposals Related to the Durban Platform Work Plan under Workstream I (2013)

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.

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.