The WTO General Council adopted a Decision on July 18, 1996 establishing procedures for the dissemination of WTO documents to the public. This discussion will first explain how documents can become available under the new decision and then evaluate these procedures and the access to documents that now exists under them. · Following an overview … Read More.
Asian Development Bank, ADB, accountability mechanism, independent accountability mechanism, IAMs, international accountability mechanisms, claimants, redress, remedy, complaint, mediation, justice, access to justice, redress mechanism, compensation,
The European Bank for Reconstruction and Development (EBRD) is the first multilateral development bank to have an explicit environmental mandate in its charter. The charter states that the Bank is to “promote in the full range of its activities environmentally sound and sustainable development.” It also proclaims commitments to democracy and democratic institutions, rule of … Read More.
Chairman Crane, members of the Subcommittee, thank you for the opportunity to appear before you today on Chilean accession to the North American Free Trade Agreement {NAFTA). My name is Robert Housman, I am a Senior Attorney with the Center for International Environmental Law (CIEL) in Washington, D.C.. Brennan Van Dyke and David Hunter, both … Read More.
Logging, illegal logging, unsustainable logging, timber, timber regulation, palm oil, illegal timber, biodiversity, ecosystems, habitats, living resources, wildlife, fisheries, forests, conservation, species, endangered species, Convention on International Trade in Endangered Species of Wild Fauna and Flora, CITES, mahogany, development, sustainable development,
Logging, illegal logging, unsustainable logging, timber, timber regulation, palm oil, illegal timber, biodiversity, ecosystems, habitats, living resources, wildlife, fisheries, forests, conservation, species, endangered species, Convention on International Trade in Endangered Species of Wild Fauna and Flora, CITES, mahogany, development, sustainable development,
Trade, investment, human rights, trade, investment & human rights, trade investment and human rights, sustainable development, unsustainable development, investment law, unsustainable investment, trade agreement, free trade agreement, free trade, bilateral trade agreements, BTA, MTA, FTA, multilateral trade agreements, host-government agreements, biodiversity, ecosystems, habitats, living resources, wildlife, fisheries, forests, conservation, species, endangered species, Convention on International … Read More.
Convention on International Trade in Endangered Species of Wild Fauna and Flora, CITES, international agreements, biodiversity, biodiversity convention
forest, people, ecosystems, protecting forest people & ecosystems, protecting forest people and ecosystems, indigenous peoples, forest peoples, forest ecosystems, sustainable development, livelihoods, mitigation, forest conservation, deforestation, Reducing Emissions from Deforestation and Forest Degradation, REDD+, governance, forest governance, benefits, lands, territories, resources, rights-based approach, Free, Prior and Informed Consent, FPIC, prior art, traditional knowledge, timber, logging, … Read More.
Logging, illegal logging, unsustainable logging, timber, timber regulation, palm oil, illegal timber, protecting, rights-based approach, United Nations Declaration on the Rights of Indigenous Peoples, UNDRIP, Forest Defender, redress mechanism, safeguards, non-carbon benefits, resources rights, land rights, community rights, indigenous rights, forest dependent, Asia
One of the most contentious issues at the UN Conference on Environment and Development was the Convention on the Protection of Biological Diversity. The goal of the Convention is to foster protection of biological resources, particularly· those found in tropical forests. Plants, animals, and derivatives of plants and animals are to be preserved, with particular … Read More.
While international trade agreements can provide a number of important economic and other benefits, from a democracy perspective, the continued strengthening of undemocratic international trade decision- making is troubling. Failures to democratize trade decision-making are troubling because these failures squander an important opportunity to further the recognition of democratic principles in undemocratic nations. These democratic … Read More.
The failure on the part of lawyers to weave ethics into politics could prove to be one of the many significant causes of the acute and negative way in which the public views lawyers and the law, as well as politics and politicians. Amid the public, the law is viewed as nonsensical rules that asphyxiate … Read More.
On Jan 1, 1970 the U.S. National Environmental Policy Act (NEPA) was signed into law. NEPA’s principal, and most innovative, feature was its requirement that an environmental impact assessment (EIA) be prepared for every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment. Since … Read More.
European Bank for Reconstruction and Development, EBRD, accountability mechanism, independent accountability mechanism, IAMs, international accountability mechanisms, claimants, redress, remedy, complaint, mediation, justice, access to justice, redress mechanism, compensation,
This summer, the World Bank took an unprecedented step. It became the first international financial institution to make itself directly accountable to citizens in borrowing countries. As of 1 August-the date the bank’s new inspection panel assumed its duties-affected parties can ask the panel to investigate their claims that the bank has failed to follow … Read More.
World Bank, World Bank Group, Bank, World Bank accountability mechanisms, Lessons Learned, World Bank safeguard policies, International Finance Corporation, IFC, Multilateral International Guarantee Agency, MIGA, BRICs, Compliance Advisor Ombudsman, CAO, P4R, Program-For-Results, Country Systems, financial intermediaries, International Bank for Reconstruction and Development, IBRD, International Development Association, IDA, International Monetary Fund, IMF, accountability mechanism, independent accountability … Read More.
Trade, investment, human rights, trade, investment & human rights, trade investment and human rights, sustainable development, unsustainable development, investment law, unsustainable investment, trade agreement, free trade agreement, free trade, bilateral trade agreements, BTA, MTA, FTA, multilateral trade agreements, host-government agreements, tuna, dolphins, environmental protection, marine, ocean, oceans, sea, seas, United Nations Convention on the Law … Read More.
Logging, illegal logging, unsustainable logging, timber, timber regulation, palm oil, illegal timber, protecting, rights-based approach, United Nations Declaration on the Rights of Indigenous Peoples, UNDRIP, Forest Defender, redress mechanism, safeguards, non-carbon benefits, resources rights, land rights, community rights, indigenous rights, forest dependent, Philippines
The Global Environmental Facility is at a turning point. The pilot phase is nearly behind us. Almost two years of restructuring negotiations and an independent evaluation have identified a need for fundamental changes. But the GEF’s mission-to help developing countries address global environmental problems-remains unchanged. Indeed, it is more important than ever that the GEF … Read More.
On September 21, 1993, the Executive Directors of the World Bank took unprecedented action in creating an independent inspection panel to address complaints related to Bank projects and the Bank’s failure to follow its own rules. For the first time in the Bank’s 50-year history, citizens, associations, and nongovernmental organizations harmed by Bank funded developments … Read More.
Chairman Frank, members of the Subcommittee, thank you for the opportunity to testify today on the issue of environmental standards and trade. My name is Durwood Zaelke. I am the President of the Center for International Environmental Law (CIEL), as well as an Adjunct Law Professor at the American University, Washington College of Law, where … Read More.
Chairman Kerry, Members of the Subcommittee, thank you for the opportunity to testify before you concerning the environmental ramifications of the Final Agreement (the Final Agreement or the Agreement)1 of the Uruguay Round of the General Agreement on Tariffs and Trade (the GATT).2 My name is Robert Housman. I am a Staff Attorney with the … Read More.
This March, the fate of the African elephant once again will be in the hands of the countries party to the Convention on International Trade in Endangered Species (CITES) when they will respond to southern African requests to resume international trade in ivory by down listing the elephant to Appendix II. Once united, the coalition … Read More.
The notion that human beings have a right to a healthy environment is far more controversial in Europe than it ought to be. Fundamental human rights, those recognized in the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention or Convention)1 as well as in other leading international texts on human … Read More.
A growing number of conservationists have concluded that secure property rights are essential elements for community-based conservation (CBC) Initiatives (Brown and Wyckoff-Baird 1992). According to at least one analyst, it is more important for conservationists to promote recognition or establishment of appropriate property rights in buffer zones and conservation areas than to establish appropriate vegetation … Read More.
The North American Free Trade Agreement (NAFTA) creates a free trade zone that stretches from the Yukon to the Yucatan, encompassing Mexico, Canada and the United States. The NAFTA has been touted as creating a US$6 trillion market made up of some 360 million consumers — the world’s largest. While these numbers were the primary … Read More.
In order to understand the legal application of National Environmental Policy Act (NEPA) to the North American Free Trade Agreement (NAFTA) it is necessary to first have a basic understanding of what NEPA is and how it functions. NEPA has been described as a purely procedural law. NEPA does not dictate an outcome, rather it … Read More.
The term joint implementation was coined during the negotiation of the Framework Convention on Climate Change (FCCC) to refer to a strategy for meeting greenhouse gas (GHG) emissions reduction commitments undertaken by one country through actions in another. Since only developed countries and countries with economies in transition have specific obligations to reduce GHG emissions … Read More.
At the just concluded seventh session of the Intergovernmental Negotiating Committee for a Framework Convention on Climate Change, delegates for the first time took up the details of the financial mechanism called for in Article 11 of the Convention. While little progress was made in elaborating these details, certain preferences were clear: Developed countries want … Read More.
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
The Gulf of Aqaba contains a variety of outstanding and unique sensitive aquatic habitats, including extensive rocky outcroppings, shallow coastal lagoons, mangrove thickets, and world-renowned coral reefs. Each of these habitats in turn supports a multitude of species. When marine protected areas (MPAs) were created in the past, the founders often failed to comprehend how … Read More.
This article proposes a strategy for reducing greenhouse gas (GHG) emissions in industrial countries, limiting the growth of emissions in developing countries, and reducing or eliminating deforestation. By combining the most useful elements of country commitments, international emissions fees, and international marketable permits, these three goals may be achieved. Part I of this article describes … Read More.
Seas, oceans, biodiversity, unsustainable development, investment law, unsustainable investment, trade, fish, fishing, fisheries, 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,
The topic of today’s hearing-issues affecting United States competitiveness in a global economy-is a most timely one. Consider that the Clinton Administration has recently requested an extension of fast-track negotiating authority to complete the Uruguay Round of the General Agreement on Tariffs and Trade (GATT), and that the United States is also involved in negotiations … Read More.
Negotiations on the Convention on Biological Diversity signed by over 150 nations in Rio de Janeiro in June 1992 often revolved around the allocation of perceived economic benefits from biotechnological exploitation of biodiversity, sometimes to the neglect of the overall agenda of conservation of nature. The debate centered on what can be called the international … Read More.
Of all the items on the Earth Summit agenda, none has received more public attention than global warming. Many scientists and policymakers believe that, with the possible exception of loss of the ozone layer, no environmental threat has ever had such serious implications for our planet. The world community has responded to scientists’ dire … Read More.
In recognition of the need for new financial resources to be brought to bear to meet such global environmental threats as global warming, ozone depletion, loss of biodiversity, and pollution of international waters, the French government, with the support of Germany, proposed a Global Environmental Facility (GEF) in September 1989. In November 1990 the GEF … Read More.
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
Enforcement of environmental laws is one of the key issues in the debate over the relationship between trade and environment in the North American Free Trade Agreement (NAFTA). Without uniformly strong enforcement in all three NAFTA nations, there is the potential for increased migration of “dirty” industries to nations with lax enforcement, and for increased … Read More.
The central obligation of international trade law is non-discrimination. For example, under the General Agreement on Tariffs and Trade, commonly known as the GATT, nations are required to treat foreign products as favorably as they treat domestic products. Article 24 of the GATT, however, allows nations who have formed free trade areas to favor the … Read More.
As demand for fresh water escalates in the southwestern United States and Mexico, Canada’s water resources may be drained, if proponents of interbasin water transfers have their way. Continent-wide water transfer proposals, initiated by engineers in the 1960s, are being revisited as possible solutions to water scarcity in the desert southwest. Continuing development in the … Read More.
Former U.S. Ambassador to the General Agreement on Tariffs & Trade Michael Smith astutely noted that the environment is the trade issue of the 1990s, and that, unless a considered solution is developed to allow constructive interaction between trade and the environment, each of these vital policy spheres may find themselves compromised. Put in “Smithese,” … Read More.
Foreign investment is of enormous potential benefit toa counny Iike ·Poland, which has insufficient domestic capital to finance its needs. Foreign banks and corporations can provide capital for improving infrastructure (transport systems. communications. industrial plant. and so on), establishing clean production facilities. providing employment and protecting the environment. However, foreign investtnent also carries the risk … Read More.
This paper identifies and introduces the emerging principles, standards and other forms of soft law that form an increasingly comprehensive set of principles for guiding international society toward sustainable development. Although states may currently differ on the legal status of specific principles discussed in this paper (i.e., whether a principle is on the continuum of … Read More.
The problems facing the indigenous peoples of the world today are tied to domestic and international politics, as well as to the often conflicting hopes and desires of the indigenous peoples themselves. On the first day of the Global Forum, the unofficial summit of nongovernmental organizations (NGOs) held parallel to the United Nations Conference on … Read More.
The Montreal Protocol on Substances That Deplete the Ozone Layer1 provides for the phase-out, by the year 2000, of CFCs and other chemicals damaging to the ozone layer.2 These chemicals are widely used in a number of industries–as refrigerants, solvents, foam blowing substances, aerosols, and fire extinguishers. The phaseout of these substances has serious trade … Read More.
A selected list of Human Rights-related publications.
To bankroll the rebirth of Central and Eastern Europe, forty countries and two European Community institutions joined together on May 29, 1990, to create the European Bank for Reconstruction and Development (the Bank or EBRD). The parties envisioned the Bank as playing a decisive role in solving three major problems that have relegated Central and … Read More.
The European Bank for Reconstruction and Development (“EBRD”l was created in 1990 by multilateral agreement for the nations of Central and Eastern Europe, to ease the transition from centrally dominated economies to private market systems. As the newest multilateral development bank (“MOB”), the EBRD presents a great opportunity to challenge existing lending practices of MOBs … Read More.
Even with the most optimistic projections of technological advancement, current growth trends in population and the economy almost certainly cannot be sustained. Still more troubling is that the scale of today’s development already appears to be overextending the ecosystem that sustains us all. “Further growth beyond the present scale,” according to World Bank senior economist … Read More.
At the outset let me note that I am delighted to see someone of Professor Richard Stewart’s caliber taking aim at the trade and the environment debate. Professor Stewart’s article entitled International Trade and Environment: Lessons From the Federal Experience presents an interesting and informative discussion of how legal principles developed in the federal-type systems … Read More.
One of the most contentious issues at the UN Conference on Environment and Development was the Convention on the Protection of Biological Diversity. The goal of the Convention is to foster protection of biological resources, particularly· those found in tropical forests. Plants, animals, and derivatives of plants and animals are to be preserved, with particular … Read More.
This paper describes the United States legal and regulatory regimes for the export of various controlled and hazardous substances, including drugs, pesticides, chemicals, radioactive materials, and hazardous wastes. These substances are controlled by a variety of statutes: drugs by the Food, Drug, and Cosmetic Act (FDCA), pesticides by the Federal Insecticide, Fungicide, and Rodenticide Act … Read More.
The underlying goal of free trade policy is to allow markets to allocate resources to their most efficient uses, while the general goal of environmental policy is to manage efficiently and maintain the earth’s resources. Where the same resources are the subject of both trade efforts to allocate and environmental efforts to manage efficiently and … Read More.
As shrinking resource reserves require industrialization to push deeper into areas that have in the past been insulated from development, all around the world the last remaining indigenous societies are falling prey. Confronted with this human tragedy, environmentalists are finally taking action, joining the ranks of the human rights advocates who have been struggling to … Read More.
Women make up about half of the world’s population and contribute over two-thirds of all the labor hours worked by the human race. Throughout the world, women are the primary providers of child care, as well as suppliers for themselves and their families of many of the necessities for day to day life. Increasingly, women … Read More.
This essay briefly explores some of the current trends in international society with an eye towards developing a sense of global citizenship–of environmental rights and responsibilities. Part II of the essay discusses the apparent inability of the international legal system to respond adequately to global environmental challenges. Part III suggests that the failure of the … Read More.
The revolutions that swept through Central and Eastern Europe2 in 1989 and 1990 opened the Iron Curtain only to reveal a devastating environmental legacy — a legacy left from forty years of an authoritarian, centrally planned political and economic system. By now, the details of the environmental situation in Central and Eastern Europe have been … Read More.
The economic policies of the former Central and Eastern European countries serve as a stark reminder that environmental protection cannot be sacrificed (or severely degraded) for immediate economic goals. Unemployment in many regions is the direct result of factory closings initiated because they could not operate efficiently without massive government subsidies. Estimates of health care … Read More.
The Montreal Protocol on Substances That Deplete the Ozone Layer provides for the phase-out, by the year 2000, of CFCs and other chemicals damaging to the ozone layer. These chemicals are widely used in a number of industries–as refrigerants, solvents, foam blowing substances, aerosols, and fire extinguishers. The phaseout of these substances has serious trade … Read More.
Until recently few individuals realized that international environmental and trade law regimes, which had appeared to many to be on parallel tracks, were actually on a collision course. Then, on September 3, 1991, a three member dispute resolution panel (the Panel) formed by the nations who are “signatories, or … contracting parties,” to the General … Read More.
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, arctic, arctic peoples, sea-level rise, inundation, island, island … Read More.
In September 1987 the Montreal Protocol on Substances That Deplete the Ozone Layer was signed. The Protocol provided for the partial phaseout of substances which deplete the ozone layer, the Earth’s essential ultraviolet radiation filter. In June 1990, prompted by a growing awareness that a partial phaseout would not be adequate, the parties agreed to … Read More.
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.
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, resilient, communities, resilient communities, adaptation, mitigation, relocation, rising sea levels, sea level rise, arctic, melting ice, melting permafrost, underwater, cultural … Read More.
biodiversity, ecosystems, habitats, living resources, wildlife, fish, fisheries, forests, conservation, species, endangered species, Convention on International Trade in Endangered Species of Wild Fauna and Flora, CITES, mahogany, intellectual property, traditional knowledge, prior art, ayahuasca, patents