Research/Reports Archive - Page 5 of 6 - Center for International Environmental Law

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.

Kyoto Protocol Packs Powerful Compliance Punch (in International Environment Reporter, 16 January 2002) (Wiser)

Drafting an acceptable compliance regime for the Kyoto Protocol was one of the most difficult issues faced by international negotiators last year as they worked to finalize implementation rules for the pact both in Bonn and Marrakech. Yet while the accord did not settle whether there will be “legally binding” consequences for so-called Annex I … Read More.

Public Participation in the Clean Development Mechanism of the Kyoto Protocol (in The New “Public”: the Globalization of Public Participation 203 (Carl Bruch ed., Environmental Law Inst. 2002)) (Eddy & Wiser)

The Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC) is the first multilateral environmental agreement of global reach to establish a market-based mechanism allowing state parties to comply in part with their treaty obligations by investing in mitigation projects in developing countries. Since this mechanism—the Clean Development Mechanism (CDM)—will rely on … Read More.

Petitioning for Adverse Impacts of Global Warming in the Inter-American Human Rights System (2002) (CIEL/Earthjustice) (Goldberg & Wagner)

It is beyond dispute that human activities are causing global warming, as even the U.S. government now admits. Although the world’s least developed communities have contributed little to the problem of global warming, they likely will bear its heaviest impacts, and certainly will be least able to adapt to them. The direct impacts of global … 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.

Whose Natural Resources? Whose Common Good? Towards a New Paradigm of Environmental Justice and theNational Interest in Indonesia (2002) [LC02-2]

A reasoned reinterpretation of Indonesia’s constitution recognizes and protects indigenous community-based property rights (CBPRs) and systems of governance. These provisions have been obscured by broad claims of state authority to control natural resources and village governance, ostensibly for the national interest. Article 18 implicitly guarantees legal entitlement by local people to participate meaningfully in managing … Read More.

Treatment of Biodiversity-Related Issues in the WTO: Preliminary Comments on the Revised Documents for the Doho Ministerial Conference (November, 2001) (Vivas & Tuerk) [BW01-2]

This note provides preliminary observations on how the second drafts of the Ministerial Declaration and of the Implementation Decision address issues related to biodiversity. It examines developing countries’ concerns and concludes that both drafts fail to adequately address developmental considerations, and even raise new concerns. In summary, the new drafts fail to include many of … Read More.

Towards Coherent Environmental and Economic Governance: Legal and Practical Approaches to MEA-WTO Linkages (CIEL/EIIEEP, November, 2001) (Stilwell & Tarasofsky) [TE01-6]

Achieving sustainable development requires a coherent framework of global environmental and economic 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). MEAs and the WTO each have a role to play in sustainable … Read More.

Assessment of Trade in Services in the Context of the Current GATS Negotiations in the WTO (November, 2001) (Tuerk & Krajewski) [TE01-8]

This publication aims to assist developing country negotiators in their approach towards assessment of trade in services. First, it explains why assessment is of particular importance to developing countries; second, it provides some preliminary ideas on the appropriate nature of an assessment; and finally, this note offers some recommendations to operationalise paragraph 14 of the … Read More.

Guia Legal de Biocomercio para la Region Andina (November, 2001) (Vivas) [TE01-9]

El presente documento busca servir de guía a los representantes de los programas nacionales de Biocomercio sobre los principales temas legales internacionales relevantes para el comercio de los productos de la biodiversidad y para la definición de la Estrategia Andina de Biodiversidad. Basándose en los resultados del taller de Biocomercio de la CAF del 16 … Read More.

Preliminary Comments on Trips-Related Aspects of First Draft Ministerial Declaration and First Draft Decision on Implementation: Implications for Developing Countries (September, 2001) (Stilwell & Vivas) [TE01-5]

The note provides some preliminary observations on the draft Ministerial Declaration and draft Implementation Decision, as they relate to issues of intellectual property and the TRIPS Agreement. Both drafts raise concerns from a developing country perspective, and fail to adequately address a number of issues raised by developing countries in the TRIPS Council. Furthermore, the … Read More.

Ministers Reach Landmark Agreement on Kyoto Protocol (August 2001) (Krinn)

In July 2001 more than 160 governments came together in Bonn, Germany to complete the operating rules for the 1997 Kyoto Protocol. The Bonn conference was the resumed session of the Sixth Conference of the Parties (COP6), after last year’s session in The Hague ended in a deadlock between the European Union and the United … Read More.

Review of Article 27.3(B) (June, 2001) (Stilwell) [TE01-4]

This paper sets out views relating to the review of the provisions of Article 27.3(b) of the World Trade Organization. It provides a number of specific comments on the issues arising as part of the review, organized under the following three items of the chairman’s list proposed during the TRIPS Council meeting held on 21 … Read More.

Non-Violation Complaints and the TRIPS Agreement: Some Considerations for WTO Members (May 2001) (Stilwell & Tuerk) [TE01-3]

As noted by many WTO Members, the non-violation remedy should remain an exceptional concept and be applied with considerable caution. This remedy, which has existed since the inception of the GATT but which has rarely been applied, permits a WTO Member to challenge another’s measure, not because it contravened an agreed obligation, but on the … Read More.

Towards a Full Review of the WTO’s Trips Agreement Under Article 71.1 (April 2001) (Stilwell & Tuerk) [TE01-2]

This paper provides some reflections on the review of the the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) required under Article 71.1.of the World Trade Organization. It notes the need for a full review of the Agreement from a sustainable development standpoint, in line with the decision of WTO Members at the General … Read More.

Public Services and the Scope of the General Agreement on Trade in Services (2001) (Krajewski) [TE01-1]

The General Agreement on Trade in Services (GATS) contains international rules on the transnational supply of services in the framework of the WTO. While some free trade advocates have hailed the agreement as “the most important single development in the multilateral trading systems since the GATT,” many civil society groups and trade unions have been … Read More.

Hybrid Liability Revisited: Bridging the Divide Between Seller and Buyer Liability (November, 2000) (Wiser & Goldberg)

The “liability” rule for Article 17 emissions trading will address the question of whether countries who participate in trading can redeem assigned amount units originating from Parties that exceed their targets at the end of the commitment period. The rule remains among the most contentious unresolved issues standing in the way of final agreement on … Read More.

Analysis of Text by the Co-Chairmen of the Joint Working Group on Compliance (September 10, 2000) (CIEL/WWF) Also available in an HTML format.

The paper represents an analysis of the text by the Co-Chairmen of the Joint Working Group on Compliance, Conference of the Parties, in regards to climate negotiations, dated 7 September 2000. Read full text.

A Handbook on the Office of the Compliance Advisor Ombudsman of the International Finance Corporation and Multilateral Investment Guarantee Agency (September 2000) (Saladin)

In 1998 World Bank Group President James Wolfensohn created the position of the Compliance Advisor/Ombudsman (CAO) for the International Finance Corporation (IFC) and the Multilateral Investment Guarantee Agency (MIGA). The purpose of the CAO is “to assist the IFC and MIGA to address complaints of people affected by projects in a manner that is fair, … Read More.

Resettlement: The World Bank’s Assault on the Poor (May 2000) (Clark; Edited by Carothers).

The World Bank is an international financial institution whose шission is to provide loans and Credits to developing countries for projects that alleviate poverty and promote social and economic development. Among the Bank’s more egregious and well-docнmented failings is its inability to successfully rehabilitate the people and communities whose land is appropriated to make way … Read More.

Restoring the Balance: Using Remedial Measures to Avoid and Cure Non-Compliance under the Kyoto Protocol (March 2000) (CIEL/WWF) (Wiser & Goldberg) [CC00-2]

[Pending, please check back later] negotiations, climate negotiations, Kyoto Protocol, Cancun Agreements, United Nations Framework Convention on Climate Change, UNFCCC, Green Climate Fund, GCF, Reducing Emissions from Deforestation and Forest Degradation, REDD+, technology transfer, Tri-Caucus, 2015, ADP, Safeguards, Clean Development Mechanism, CDM, climate finance

Transparency in 21st Century Fisheries Management: Options for Public Participation to Enhance Conservation and Management of International Fish Stocks (World Wildlife Fund/CIEL, 2000) (Wiser) [BW00-1]

Effective implementation of international environmental and natural resource conservation agreements depends not only upon the cooperation of contracting parties, but also upon the ability of the agreement to win the continuing support and input of non-governmental stakeholders. This view, accepted and advocated by nations in the 1992 Rio Declaration, Agenda 21, and the recent Aarhus … Read More.

Comments on Selected Portions of the JWGC Co-Chairs’ ‘Elements Paper’ Paper (January 2000) (Wiser)

These Comments respond to or elaborate specific issues raised by the Co-Chairs’ Elements paper, dated November 3, 1999 and entitled “Co-Chairs’ Initial Thoughts on Procedures and Mechanisms Relating to a Compliance System Under the Kyoto Protocol.” I was distributed to members of the Joint Working Group on Compliance at the Fifth Conference of the Parties. … Read More.

Comments on Guidelines for Implementation of Executive Order 13141: Environmental Review of Proposed Trade Agreements (2000) [TE00-1]

These comments are made in response to the request from the Office of the United States Trade Representative (USTR) and the Council on Environmental Quality (CEQ) for public comment on issues relevant to the implementation of the November 16, 1999 Executive Order on the environmental review of trade agreements (EO 13141) Trade liberalization is an … Read More.

Detailed Statement in Support of Request for Reexamination of U.S. Plant Patent No. 5,751 (November, 1999) (Downes & Wiser) [BW99-9]

This request for reexamination is being filed by the Center for International Environmental Law (CIEL), on behalf of the Coordinating Body of Indigenous Organizations of the Amazon Basin (COICA) and the Coalition for Amazonian Peoples and Their Environment (Amazon Coalition). The Requesters respectfully seek a determination by the United States Patent and Trademark Office (“PTO”) … Read More.

Legal Elements of the “Ayahuasca” Patent Case (November, 1999) (Wiser) [BW99-10]

The challenge to the patent on the Amazon rainforest plant used for ayahuasca is being brought by: the Center for International Environmental Law (CIEL), on behalf of the Coordinating Body of Indigenous Organizations of the Amazon Basin (COICA); and the Coalition for Amazonian Peoples and Their Environment (Amazon Coalition). Shamans of many indigenous tribes of … Read More.

CIEL’s Issue Brief on the WTO “Supremacy Clause” in the POPs Convention

A disturbing trend recently in the negotiation of multilateral environmental agreements is the push to include World Trade Organization (WTO) “supremacy clauses” in these agreements. These clauses threaten to make international trade law automatically superior to multilateral environmental agreements. Supremacy clause language states that the environmental agreement will not alter rights and obligations under existing … Read More.

The Compliance Fund: A New Tool for Achieving Compliance under the Kyoto Protocol (June 1999) (Wiser & Goldberg) [CC99-1] (An Executive Summary is also available online.)

How Annex I Parties to the Kyoto Protocol will achieve compliance with their substantive obligations, and how the Parties will collectively enforce those obligations, are two of many questions left unanswered by the Protocol’s text. On the one hand, Parties fear that an effective compliance and enforcement system may punish them for committing to obligations … Read More.

Compliance Systems Under Multilateral Agreements: A Survey for the Benefit of Kyoto Protocol Policy (1999) (Wiser) [CC99-2]

By seeking to curtail the net production of greenhouse gases, which are endemic to nearly all human industrial activities, the Kyoto Protocol promises to be among the most complicated and far-reaching of environmental treaties to date. Parties consequently desire reassurance that their efforts to fulfill their obligations will be met by similar efforts on behalf … Read More.

Promoting Legal Recognition of Community-Based Property Rights, Including the Commons: Some Theoretical Considerations (June 7, 1999). (Lynch)

Promoting Legal Recognition of Community-Based Property Rights, Including the Commons: Some Theoretical Considerations, was presented at a Symposium of the International Association for the Study of Common Property and the Workshop in Political Theory and Policy Analysis, Indiana University, Bloomington, Indiana, June 7, 1999. The paper reviews threats to community-based property rights, including the commons, … Read More.

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

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

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

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

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

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

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

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

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

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

Compliance Institutions for the Kyoto Protocol: A Joint CIEL/WWF Proposal (1999) (Morgan & Porter) [CC99-3]

Compliance with the commitments of the Kyoto Protocol is crucial to begin the downward trend of greenhouse gas emissions that cause climate change. Consequently, designing an effective compliance system should be one of the top priorities for Parties and observers of the climate change negotiations over the next thirteen months leading up to COP-6. The … Read More.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The 1999 WTO Review of Life Patenting Under TRIPS: Revised Discussion Paper (A Spanish version is also available) (November 1998) (Downes & Stilwell) [BW98-2]

This paper outlines public interest concerns that citizens’ groups need to air at the WTO, where many of the decisions are now being made about the contours of this “land grab.” The WTO needs to open up to public scrutiny and input in the context of three upcoming intellectual property debates. The first is the … Read More.

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

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

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

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

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

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

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

Building a Compliance Regime Under the Kyoto Protocol (CIEL/EuroNatura, 1998) (Goldberg, Wiser, Porter & Lacosta) [CC98-3]

With the adoption of the Kyoto Protocol to the Framework Convention on Climate Change (FCCC), the international response to the threat of global warming entered a new phase. For the first time, developed countries undertook binding commitments to limit their emissions of greenhouse gases (GHGs). An important part of the work now facing the Parties … Read More.

The Role of Environmental Organizations in International Environmental Law (1998) (Hunter) [HR98-2]

Non-profit organizations, civil society organizations, non-governmental organizations, NGOs, international environmental law

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12 Principles of Joint Implementation, CIEL Position Paper (October 1997) (Goldberg & Stilwell) [CC97-1]

In a few weeks the parties to the Framework Convention on Climate Change (FCCC) will meet in Kyoto, Japan to decide whether to adopt a protocol to the Convention requiring developed country (Annex I) parties to reduce their emissions of greenhouse gases. If adopted, the protocol will probably also contain “flexibility” measures—including emissions trading and … Read More.

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

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

Independent Review Confirms IFC Covered Up Social and Environmental Impacts of Chilean Dam Project (July 1997)

Villagers Challenge World Bank Role in Thermal Power Projects in Singrauli, India (April 1997)

Report on Controversial Chilean Dam Submitted to World Bank President (April 1997)

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

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

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

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

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

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

The Diversity and Dynamics of Shifting Cultivation: Myths, Realities and Policy Implications (World Resources Institute, 1997) (Thrupp, Hecht, Browder, Lynch, Megateli & Browder) [Available from WRI]

Applying Trade Rules to Timber Ecolabeling: A Review of Timber Ecolabeling and the WTO Agreement on Technical Barriers to Trade (Discussion Paper, February 1997) (Cook, Downes, Van Dyke & Weiner) [TE97-1]

This discussion paper reviews a selection of leading wood product certification and ecolabeling schemes, and analyzes the rules of the World Trade Organization that are most relevant for such efforts, specifically the provisions of the Agreement on Technical Barriers to Trade. Read full text.

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

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

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

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

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

A Handbook for Obtaining Documents from the World Trade Organization (December 1996) (Van Dyke & Weiner) [TE96-1]

It is not easy for private citizens and organizations (NGOs) to follow what the World Trade Organization (WTO) is doing or to influence what it will do. WTO Members are governments, and civil society has had limited opportunities to take part in the organization’s activities. In July 1996, the WTO established a set of procedures … Read More.

Results of CIEL Sponsored Paraguay National Workshop on Trade and Environment Competitiveness (November 1996)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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