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

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

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

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

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

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

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

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

Solicitud a la CIDH para Medidas Cautelares para los Cacataibos

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

Carta Presentacion de Medidas Cautelares para los Cacataibos

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

Cacataibo Indigenous Peoples in Voluntary Isolation Threatened by Oil Exploration

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Second Quarter 2006

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

First Quarter 2006 – Extension of the Transitional Period for LCDs: Flexibility to Create a Viable Technological Base or Simply (a Little) More Time?

On November 29, 2005, the Council for Trade-related Aspects of I ntellectual Property Rights (Council for TRIPS) granted Least Developed Country Members (LDCs) an extension of their transition period to comply with the TRIPS Agreement. Article 66.1 of the TRIPS Agreement established that LDCs were not required to apply the provisions of the TRIPS Agreement … Read More.

The Ebb and Flow of Water Privatization (Plagakis) (March 2006)

Since the 1980s, there has been increasing pressure from donors and International Finance Institutions (IFis) – chiefly the IMF and World Bank – for governments to privatize and decentralize state-rum functions. In 2002, the World Bank introduced the Private Sector Development (PSD) Strategy, aiming to advance privatization in health care, education and water. The World … Read More.

Further Examination of Possible Options for Lasting and Sustainable Financial Mechanisms for Implementation of the Rotterdam Convention, Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, Third Conference of the Parties, U.N. Doc. UNEP/FAO/RC/COP.3/13 (2006) (Wiser)

At its first meeting, the Conference of the Parties to the Rotterdam Convention requested the Secretariat to conduct a study of possible options for lasting and sustainable financial mechanisms that would enable developing countries to implement the provisions of the Convention adequately. In considering the Secretariat’s report, at its second meeting the Conference of the … Read More.

Disclosure Requirements: Ensuring Mutual Supportiveness Between the WTO TRIPS Agreement and the CBD (IUCN, ICTSD, CIEL, IDDRI, and QUNO, November 2005)

The misappropriation of genetic resources and traditional knowledge – and the forgone benefits derived from their use –continues to elicit serious misgivings among the biodiversity community and indigenous peoples. High-profile cases – such as the neem tree, basmati rice and maca – fuelled calls for a more effective system to prevent such illegal access and … Read More.

Trade and the Environment: Where Do We Stand after Doha (Bernasconi) (WTO’s Contribution to Sustainable Development Governance: Balancing Opportunities and Threats, Paris) (October 2005)

In the context of the WTO and its predecessor the GATT, the trade and environment linkage was first made in the early 1970’s. With the increased attention paid to environmental protection in many parts of the world, as reflected in the 1972 Stockholm Conference on the Human Environment, the GATT responded with a focus not … Read More.

International Chemicals Management: Background Paper for the 7th Global Civil Society Forum (UNEP/GCSF/3, Sept. 2005) (Wiser)

This paper provides background information about international chemicals management to participants in the UNEP 7th Global Civil Society Forum (GCSF), including participants in the regional forums leading up to the GCSF. International chemicals management is one of three major topics scheduled to be discussed in Dubai at the 2006 Special Session of the Governing Council/Global … Read More.

Third Quarter 2005 – The Relationship between the TRIPS Agreement and the CBD: The Case for Disclosure Requirements

Intellectual property-related issues remain fundamental components of the Doha Round of negotiations, especially from the perspective of developing countries. The relationship between the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement) andthe Convention for Biological Diversity (CBD), in particular, has been identified as a critical element of any decision in Hong Kong. During … Read More.

Principles and Approaches of Sustainable Development and Chemicals Management for a Strategic Approach to International Chemicals Management (SAICM) (Government of Switzerland, SAICM/PREPCOM.3/INF/4, July 2005) (Wiser & Magraw)

During the Second Preparatory Committee (PrepCom2) to develop a Strategic Approach to International Chemicals Management (SAICM), Switzerland agreed to undertake intersessional work in identifying principles and approaches of sustainable development and chemicals management that might be incorporated into the SAICM.  It was hoped that a limited study would elucidate existing relevant principles and approaches, enhance … Read More.

Using International Law and Institutions to Protect Children’s Environmental Health (June 2005) (CIEL/Physicians for Social Responsibility) (Perrault & Levitt)

The vulnerability of children to harmful environmental conditions is of global concern for several reasons.  First, many environmental hazards cross national borders. Toxic chemicals, for example, move in international trade, as does hazardous waste. Polluted water flows from one country into another, as does polluted air.  Because these threats are international in scope, they cannot … Read More.

Second Quarter 2005 – Moving Forward the WIPO Development Agenda Process: Proposals for Consideration at the Third Session of the IIM

In October 2004, the WIPO Assemblies launched discussions on a WIPO Development Agenda, in a decision considered a watershed in the intellectual property and development debate. Although for several years civil society and developing countries had been raising serious questions regarding the sustainable development implications of the activities being undertaken by WIPO, it was the … Read More.

Protecting Traditional Knowledge: Misappropriation, Intellectual Property, and the Future of the IGC (Intergovernmental Committee On Intellectual Property And Genetic Resources, Traditional Knowledge And Folklore, 8th Session, Geneva) (June 2005) (CIEL/South Centre)

The Eighth Session of the World Intellectual Property Organization (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore (IGC) will be held in Geneva on 6-10 June 2005. The Eighth Session will be the last meeting of the IGC under the mandate established by the WIPO General Assembly in 2003, which … Read More.

Study on Possible Options for the Establishment of a Financial Mechanism for the Implementation of the Rotterdam Convention (Rotterdam Convention on the Prior Informed Consent Procedure, UNEP/FAO/RC/COP.2/10, May 2005) (Wiser)

At its first session, the Conference of the Parties (COP) to the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade requested that the Secretariat prepare a study “into the possible options for lasting and sustainable financial mechanisms which will enable developing countries to implement adequately the … Read More.

U.S. States and the Global POPs Treaty: Parallel Progress in the Fight Against Toxic Pollution (May 2005) (CIEL/Perry Stillerman) (3.5 MB)

This report outlines some key features of the international movement to protect human health and the environment and reflects on some parallel developments underway within the United States. By spotlighting state progress on POPs, this report documents Americans’ commitment to accept responsibility for POPs and to step up to the challenge. It also demonstrates how … Read More.

Prior and Informed Consent and Access to Genetic Resources (Olvia & Perrault) (WTO Public Symposium, Geneva) (April 2005)

Paragraph 19 of the Doha Ministerial Declaration instructs the Council for Trade-related Aspects of Intellectual Property Rights (TRIPS), in its review of Article 27.3 (b) and Article 71.1 of the TRIPS Agreement, to consider the relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD).  Work in the TRIPS Council has particularly focused … Read More.

CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements: Observations from the Center for International Environmental Law (CIEL)on the First Draft of the WIPO Examination of the Issues (April 2005) (Oliva)

In October 2004, the Assemblies of the World Intellectual Property Organization (WIPO) decided to respond positively to the invitation of the Convention on Biological Diversity (CBD) for WIPO “to examine, and where appropriate address, taking into account the need to ensure this work is supportive of and does not run counter to the objectives of … Read More.

First Quarter 2005 – Limiting Access to Knowledge: Copyright Provisions in Bilateral Trade Agreements

Copyright, as other intellectual property rights, was designed to promote intellectual creativity by balancing private rights and the public interest. Limited private rights over intellectual creations were thus established to ultimately enrich and disseminate cultural heritage.1 The proper role of copyright, however, stands challenged by increasingly unbalanced rules at the international and national levels. International … Read More.

Eco-Labeling Standards, Green Procurement, and the WTO: Significance for World Bank Borrowers (March, 2005)

Eco-labeling, which provides information to consumers about the environmental andsocial impacts of the products and services they buy and use, can be an essential tool for protecting the environment and promoting sustainable development. Carefully designed “green procurement” policies can lead to environmentally and socially sound purchasing decisions by governmental agencies and other entities. When these … Read More.

An Inuit Petition to the Inter-American Commission on Human Rights for Dangerous Impacts of Climate Change (December 2004) (CIEL/Earthjustice) (Goldberg & Wagner)

Only two international human rights regimes are available to bring a complaint against the United States for causing dangerous climate change and violating the rights of the Inuit people: the U.N. Human Rights System and the Inter-American Human Rights System within the Organization of American States (OAS). The OAS system provides a preferable forum for … Read More.

Fourth Quarter 2004 – The TRIPS Agreement at a Crossroads: Intellectual Property and Development Concerns in the Lead Up to the Hong Kong Ministerial

Despite the relevance of issues in its agenda for developing countries, discussions in the Council for TRIPS have been increasingly limited and subdued. In 2004, the run-up to the adoption of the General Council Decision on the Doha Work Program on 1 August 2004 (July Framework) rightly occupied the attention of World Trade Organization (WTO) … Read More.

The Doha Work Programe: Still the Development Agenda? [As published in Sustainable Development International, 12th edition] (December 2004) (Oliva)

Nowhere does  the  Doha Ministerial Declaration declare a “Development Agenda”.  The promise of a systemic correction  to the multilateral trading system, to  make it  more   relevant  to  the  economies and  people of  developing countries however, permeates the  Declaration. The World Trade Organisation  (WTO) in   the    Declaration   expressed  its determination to  play  a full  role  in … Read More.

El párrafo 19 de la Declaración de Doha hacia Hong Kong: ¿Un paso adelante para el respaldo mutuo entre el Acuerdo sobre los ADPIC y el Convention sobre la Diversidad Biológica? [PUENTES] (December 2004) (Oliva)

Si bien la mayor parte de la Organización Mundial de Comercio (OMC) pasará el invierno analizando el estado de los debates varios y los temas aún por discutir, el Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio (ADPIC) ya lleva tiempo analizando un tema que perfila cada vez más … Read More.

Action Targets: A New Form of GHG Committment (October 2004) (CIEL/ World Resources Institute) (Goldberg/Baumert) [Paper appears in Joint Implementation Quarterly, Vol 10., No. 3, October 2004]

An action target is a commitment to reduce greenhouse gas emission levels by an agreed percentage which is applied to an observable baseline: actual emissions during the commitment period. An action target could be adopted at any institutional level: firm, industry, municipal, state or national. At the government level, an action target could, for instance, … Read More.

CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements: Establishing an adequate framework for a WIPO Response (South Centre/CIEL) (Fall 2004)

In October 2004, the Assemblies of the World Intellectual Property Organization (WIPO) decided to respond positively to the invitation of the Convention on Biological Diversity (CBD) for WIPO “to examine, and where appropriate address, taking into account the need to ensure that this work is supportive of and does not run counter to the objectives … Read More.

Presenting International Trading Rules and the POPs Convention (1998)

The purpose of this brief is to explain the relationship between the rules developed in the negotiations on persistent organic pollutants (POPs) and the rules of international trade by national governments in the late 1990s, to explain why appropriate trade measures can and should be included and why the supremacy clause should be eliminated from … Read More.

Indegenous Peoples, Energy, and International Justice: The Pangue/Ralco Hydrologic Project in Chile’s Alto BioBio (July 2004) (Orellana)

In the upcoming months, the reservoir of the Ralco dam, one of a series of dams along the Upper BíoBío River in Southern Chile, will destroy the pristine mountain ecosystem and will permanently and irreversibly disrupt the semi-nomadic lifestyle and cosmovision of the Mapuche/Pehuenche people. At the same time, the communities affected by the dam … Read More.

Second Quarter 2004 – WIPO General Assembly: Discussion to be (and not to be) Made

While developing countries have augmented their participation and influence in international discussions on intellectual property, with important attainments as a result, developments at the bilateral and regional levels, threaten to make those efforts, and those accomplishments, increasingly irrelevant. The trend of countries such as the United States turning to bilateral and regional agreements to build … Read More.

Amicus Curiae Brief to the World Trade Organization: European Communities – Measures Affecting the Approval and Marketing of Biotech Products [A version of this publication is also published in Bridges.] (The Motion to submit the brief is also available) (June 2004)

Amicus curiae briefs are fundamental in developing balanced and high-quality decisions in the World Trade Organization (WTO) dispute settlement system. A Panel is entrusted with conducting an “objective assessment” of the case before it, but as the multilateral trade framework continues to expand and increase its areas of influence, carrying out such an assessment becomes … Read More.

Considering Alternatives: The Case for Limiting CO2 Emissions from New Power Plants Through New Source Review (May 2004) (Foote)

Anthropogenic emissions of carbon dioxide (CO2) and other greenhouse gases are changing the earth’s climate in ways that could lead to catastrophe.  The United States is the largest emitter of these gases, producing almost one-fourth of worldwide emissions of CO2, the dominant greenhouse gas.  Power plants alone account for one-third of total U.S. emissions of … Read More.

The Implementation and Compliance Regimes under the Climate Change Convention and its Kyoto Protocol (Wang & Wiser) [CC03-1] [All further use of this material other than for personal research is subject to permission from Blackwell Publishing.]

The United Nations Framework Convention on Climate Change (UNFCCC) represents the first step of international action to combat climate change. The commitments under the Convention, however, have proved to be far too inadequate to reach the objectives of stabilizing greenhouse gas concentrations. Accordingly, in 1995, immediately after the UNFCCC entered into force, parties to the … Read More.

Science and Precaution in EC – Biotech: A Brief Analysis of the First U.S. Submission (May 2004) (Oliva)

In 2003, the United States launched one of the most awaited cases in WTO history. European Communities – Measures Affecting the Approval and Marketing of Biotech Products (EC – Biotech) was anticipated, with eagerness or trepidation, by national governments all over the world, environmentalists, consumers, farmers, biotech companies, and many others. While the potential significance … Read More.

First Quarter 2004 – Non-violation Complaints in Regional and Bilateral Trade Agreements: Making the WTO Process Irrelevant

When the General Assembly, the supreme organ of the World Intellectual Property Organization (WIPO), meets in September, it will be asked to provide direction on issues crucial to developing countries and civil society organizations. Topics such as the inter-relationship of the different fora addressing the issues of genetic resources and traditional knowledge, the protection of … Read More.

Submission of Non-Disputing Parties Bluewater Network, Communities for a Better Environment, and Center for International Environmental Law [In the Arbitration under Chapter Eleven of the North America Free Trade Agreement and the UNCITRAL Arbitration Rules between Methanex Corporation and the United States of America] (March 2004)

In a series of actions beginning in 1997, the State of California banned the use of the gasoline additive MTBE, citing concerns that the additive had contaminated the state’s freshwater resources and jeopardized human health. Pursuant to NAFTA’s Chapter 11, the Methanex Corporation, a Canadian Corporation that manufactures a component of MTBE, has brought a … Read More.

Silent Invasion: Small Island Developing States and Invasive Alien Species — Building Capacity (The Nature Conservancy/CIEL) (February 2004) [Discussion Draft]

Many small island developing state s (SIDS) ackпowledge the significant challenges posed bу iпvasive alieп species (IAS) but lack the capacity to address these threats. Small island states face а myriad of other pressing coпcerns, such as economic development, public health, sea level rise апd extreme weather eveпts to which IAS presents ап additional demaпd … Read More.

A Review of The Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore at WIPO (South Centre/CIEL) (December 2003) (Lettington & Nnadozie)

At the time of its creation, the Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore (IGC) was believed to be an important step toward developing internationally acceptable and equitable solutions for the protection of genetic resources, traditional knowledge, and folklore. Developing countries, however, in which the majority of these resources originate, have since often … Read More.

Export Credit Agencies and the World Trade Organization (November 2003) (Orellana) [Draft version]

Export credit agencies (ECAs) are major players in international trade and investment, providing state-backing for large-scale business transactions that span the globe.  ECAs, however, suffer from serious deficiencies, such as a lack of transparency and monitoring procedures, problems involving corruption and accountability, and most importantly, the detrimental character of many ECA-supported projects to the environment … Read More.

GATS, Water and the Environment: Implications of the General Agreement on Trade in Services for Water Resources (World Wildlife Fund/CIEL, November 2003) (Tuerk & Holland)

During the last decade, significant changes in policy have been made in respect to how water is managed and how it is supplied to consumers. These changes have resulted in institutional and legislative reforms, and a range of policy initiatives and instruments. However, developing international trade law that is compatible with the ability of countries … Read More.

The Right to Water and Trade in Services: Assesing the Impact of GATS Negotiations on Water Regulation (October 2003) (Tuerk & Krajewski )

This traditional “public domain” of the water sector has been challenged on the basis of a resurgence of neo-liberal market ideologies. Today many politicians and commentators are convinced that the supply of water through private companies can bring about much needed solutions for the pressing needs in the water sector. During recent years, policies encouraging … Read More.

Intellectual Property in the FTAA: Little Opportunity and Much Risk [Also available in Spanish] (October 2003) (Oliva) [TE03-1]

Intellectual property is heralded bу some as the “foundation of human existence”, protecting invention and innovation while improving standards of life through choices for consumers and new outlets for human activity. Others see intellectual property rights (“IPRs”) as merely а government sanctioned monopoly and subsidy that puts territorial borders around technologies and other inventions so … Read More.

International Law on Investment: The Minimum Standard of Treatment (November 2003) (Orellana) (Originally presented at the World Trade Organization’s 5th Ministerial in August, 2003)

Most treaties include a minimum standard of treatment (MST) that requires that the host state treat foreign investors in accordance with an undefinable  standard such as “fair and equitable” treatment. Traditionally, this type of treatment only applied to extreme cases of mistreatment. Tribunals under the North American Free Trade Agreement’s (NAFTA) investment chapter have interpreted … Read More.

GATS and Water: Retaining Policy Space to Serve the Poor (August 2003) (Ostrovsky, Speed & Tuerk) (Presented at the World Trade Organization’s 5th Ministerial in August, 2003)

The importance of water to all forms of life is indisputable, yet half a billion people suffer from severe shortages and nearly one billion people do not have access to safe drinking water.  The availability of water is also a limiting factor for many industries, in particular agriculture.  Balancing ecological and human requirements for water … Read More.

Second Guessing National Policy Choices: Necessity, Proportionality and Balance in the WTO Services Negotiations (August 2003) (Kennett, Neumann & Tuerk) (Presented at the World Trade Organization’s 5th Ministerial in August, 2003)

In the current World Trade Organization (WTO) negotiations to liberalize trade in services, the European Community (EC) proposes a “proportionality test” for measure relating to technical regulation, licensing, and qualification requirements. In the same negotiations, Japan has recently proposed a Draft Annex on Domestic Regulation, which contains several differently formulated  “necessity tests”, but nevertheless stops … Read More.

Going with the Flow: How International Trade, Finance and Investment Regimes Affect the Provision of Water to the Poor (En Español) (July 2003) (Tuerk) (Presented at the World Trade Organization’s 5th Ministerial in August, 2003)

This brief discusses some of the key legal and policy issues surrounding access to water and the supply of water services. It describes how pressure from international financial institutions (IFIs), combined with obligations under international agreements such as bilateral investment treaties (BITs) and the General Agreement on Trade in Services (GATS), can drive national governments … Read More.

Assesment by the Office of the Compliance Advisor/Ombudsman in Relation to a Complaint Filed against IFC’s Investment in ENDENSA Pangue S.A. (May 2003)

This is an assessment of a complaint brought before the office of the Compliance Advisor/Ombudsman (CAO) of the World Bank’s International Finance corporation (IFC) regarding the Pangue hydroelectric dam project,completed in September 1996 on the Bio Bio River in Chile. The assessment report addresses the issues raised in the complaint and conclude with suggestions to … Read More.

International Legal Framework on Foreign Investment [Background Paper prepared for the Fifth Ministerial Conference “Environment for Europe] (May 2003) (Bernasconi-Osterwalder) [TE03-3]

This background note provides an overview of recent trends in the international legal framework on foreign investment. The body of international investment law has grown rapidly, promoting investment liberalization and providing extensive rights and privileges to investors. The current framework does not adequately address environmental and social aspects linked to foreign investment. It does not … Read More.

The General Agreement on Trade in Services (GATS) and current GATS Negotiations (WEED/CIEL, April 2003) (Fuchs & Tuerk) (A draft version is also available as a 1MB PDF document.) [TE03-4]

The General Agreement on Trade in Services (GATS) and the current GATS negotiations in the World Trade Organization (WTO) require special attention from an environmental policy perspective. The GATS – which is both a trade and an investment agreement – may have potentially far reaching implications, amongst others for domestic policy choices relating to social … Read More.

The State of Trade and Environmental Law 2003: Implications for Doha and Beyond (International Institute for Sustainable Development/CIEL, 2003) (Mann & Porter) [TE03-2]

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

Global Warming and Human Rights: A Case Study from the Arctic [Presented at the Kagawa University Symposium on Common but Differentiated Responsibilities, December 2002] (Goldberg)

The report by the Inter-American Commission on Human Rights, alongside the findings of other international organizations, recognizing the link between global warming and human rights could have a powerful impact on worldwide efforts to address global warming. It may establish a legal basis for holding responsible countries that have profited from inadequate greenhouse gas regulation, … Read More.

Building Bridges: North America/South Asia Conversation on Environmental Justice (2004) (Proceedings of the environmental justice workshop held in Sariska, India on December 2002)

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.

Mining Certification: A Field of Growing Trade Interest (November/December 2002) (Orellana) (Excerpted from Bridges Between Trade and Sustainable Development, located at http://www.ictsd.org/monthly/)

Certification schemes for natural resource extraction have received considerable attention during the last decade. Aware of such schemes’ potential restrictions to market access and their influence on the development of non-governmental standards, the trade regime has a particular interest in illuminating the angles of these initiatives, particularly as the applicability of the WTO’s Agreement on … Read More.

Issues Linked to the Convention on Biological Diversity in the World Trade Organization Negotiations: Implementing Doha Mandates (October 2002) (Vivas) [TE02-1]

The relation between the objectives of the Convention on Biological Diversity (CBD) and the TRIPS Agreement has been subject to continuous debate in the World Trade Organization (WTO), especially in the TRIPS Council and in the Committee on Trade and Environment (CTE). The core of these discussions has been focused on the lack of recognition … Read More.

The International Debate on Traditional Knowledge as Prior Art in the Patent System: Issues and Options for Developing Countries (October 2002) (Ruiz) [TE02-2]

This paper is aimed at examining some aspects of the debate on whether and how traditional knowledge could formally be considered as prior art during the examination of patent applications. It discusses the role of databases in making traditional knowledge accessible for purposes of prior art searches and makes recommendations on how best to ensure … Read More.

Turning Off the Tap: Addressing International Invasive Alien Species Issues (One of eight issue briefs presented at the World Summit on Sustainable Development in August, 2002)

Our ability to develop sustainably depends on biodiversity: the variety and variability of genes, species, populations, and ecosystems to support our planet’s essential goods and services.  Biodiversity provides resources, such as food, fiber, and fuel, ecosystem services, such as renewal of soil fertility and purification of water, and spiritual and aesthetic benefits on which human … Read More.

Genetic Resources, Traditional Knowledge and Intellectual Property Rights: Promoting Synergies for Sustainable Development (One of eight issue briefs presented at the World Summit on Sustainable Development in August, 2002)

The relationship between genetic resources, traditional knowledge, and intellectual property rights is among the most controversial agenda items in the negotiations of several international organizations. A key issues is illegal access and use of genetic resources and traditional knowledge, i.e., biopiracy. In many cases of illegal access, intellectual property rights are used to circumvent obligations … Read More.

Global Warming and Sustainable Development (One of eight issue briefs presented at the World Summit on Sustainable Development in August, 2002)

Like no other issue, global warming threatens the well being of both developed and and developing countries.  While global warming is conspicuous by its near-exclusion in the preparations for the World Summit on Sustainable Development (WSSD), energy–and issue intimately liked to global warming–is prominent on the WSSD agenda, and it needs to be addressed with … Read More.

Export Credit Agencies and Sustainable Development (One of eight issue briefs presented at the World Summit on Sustainable Development in August, 2002)

Export credit and investment insurance agencies (ECAs) play a critical role in international trade and finance in developing countries, and thus have a great impact on sustainable development.  They hold the largest fraction of developing country debt, yet they are largely managed behind closed doors, and most documents and data regarding ECA-funded projects are not … Read More.

Community-Based Property Rights: A Concept Note (One of eight issue briefs presented at the World Summit on Sustainable Development in August, 2002)

Property rights are an important factor in natural resource management.  Indeed, sustainable development is unlikely to ever be obtained in many locals if the property rights of indigenous and other local communities remain unrecognized by national and international laws. Terms and concepts concerning property rights, however, have deeply imbedded and different meanings for different people. … Read More.

WTO Negotiations to Liberalize Trade in Services: New Challenges for Sustainable Development (One of eight issue briefs presented at the World Summit on Sustainable Development in August, 2002)

Services are key for sustainable development.  Services include such activities as healthcare, transport, or the provision of water or energy.  It is crucial that ongoing negotiations under the World Trade Organization (WTO) to liberalize trade in services not undermine the pursuit of sustainable development.  Instead, new WTO obligations on services trade should support and compliment … Read More.

Clarifying the Relationship Between Economic and Environmental Governance: Some Key Challenges (One of eight issue briefs presented at the World Summit on Sustainable Development in August, 2002)

Achieving sustainable development requires a more complementary and coherent framework of global economic and environmental governance.  Despite this need, little progress has been made in clarifying the relationship between the main elements of this architecture–Multilateral Environmental Agreements (MEAs) and the World Trade Organization (WTO). In clarifying this relationship, the international community will need to address … Read More.

Foreign Investment and Sustainable Development (One of eight issue briefs presented at the World Summit on Sustainable Development in August, 2002)

Despite promises of increased direct development assistance, private investment flows are potentially the most significant source of development capital flowing into developing countries:  as measured by UNCTAD, foreign direct investment (FDI)expanded in 2000 to a global total of US$1.3 trillion, with developing countries receiving 19% of the total.  This paper argues for developing an alternative … Read More.

Brief on the Treatment of Intellectual Property in the Doha WTO Ministerial Declaration: Mandated Negotiations and Reviews (February 2002) (Vivas) [TE02-4]

This brief provides some observations on the results of the fourth WTO Ministerial meeting at Doha, as they relate to issues of intellectual property and the TRIPS Agreement, in light of developing countries’ concerns. Four texts will be analyzed in an integrated manner, including the Ministerial Declaration, the Decision on TRIPS and Public Health, theDecision … Read More.

Frontiers in Trade: The Clean Development Mechanism and the General Agreement on Trade in Services (2 Int. J. Global Environmental Issues 288 (2002)) (Wiser) [TE02-5]

By authorising investment, technology transfer, project development and emissions trading between developed and developing countries, the Kyoto Protocol’s Clean Development Mechanism (CDM) will present new opportunities for international trade. Projects hosted in developing countries will result in ‘Certified Emissions Reductions’ (CERs), which may be used to assist developed countries to meet their emissions reduction targets. … Read More.

Democratizing Multilateral Development Banks (Published in the “New Public”: The Globalization of Public Participation, by the Environmental Law Institute)(2002) (Bernasconi-Osterwalder & Hunter)

This paper focuses on trends within multilateral development banks (MDBs), including primarily the World Bank Group and the major regional development banks. Section I reviews the emerging international recognition of the importance of public participation. Section II examines the emerging norms, mechanisms, and practices for promoting public access to information, participation, and justice in MDBs. … Read More.

Indigenous Peoples, Mining, and International Law (2002) (Orellana) (English & Spanish versions of this paper are posted at the International Institute for Environment and Development]

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, mining, oil, … Read More.

One Species, One Planet: Environmental Justice and Sustainable Development (2002) [LC02-1]

Various efforts aimed at addressing environmental degradation now accord significanceto socio-economic concerns. This transformation in thinking is reflected in documents arising out of the United Nations Conference on Environment and Development (UNCED), the North American Agreement on Environmental Co-operation, the United Nations Convention to Combat Desertification, and a host of guidelines, action plans, and legal … Read More.