Alec Sarner

All League Offensive Lineman – Center

Sustainable Development Chapters In The Eu Free Trade Agreements Searching For Effectiveness

From where it needs to go, despite the restrictions imposed by the US approach to TSD commitments, the EU invites us to look to a more US approach based on sanctions. And if the European Parliament wants the European Parliament to ratify the Mercosur Association Agreement and future EU free trade agreements, its concerns about the EU`s current approach to the SSD chapters of free trade agreements must be addressed. Sustainable development is an important part of the EU`s trade policy, as it meets current needs while ensuring that future generations can meet their own needs. All EU free trade agreements contain a chapter on trade and sustainable development (SSD) which aims to ensure that partners meet international requirements in the three pillars of sustainable development: economic, environmental and social. The adoption in 2015 of the UN Programme for 2015, which sets out 17 Sustainable Development Goals and 169 targets, and the 2015 Paris Agreement on Climate Change led the Commission to review its TSD chapter and present a new proposal in which 15 points of action from the major debate with Member States, the European Parliament and civil society , launched eight months earlier, were appointed. The proceedings against Guatemala ultimately failed because the United States could not demonstrate that Guatemala`s inability to enforce labour law had affected trade between the United States and Guatemala and was the result of persistent measures or inaction. In practice, it is often impossible to demonstrate a direct link between labour or environmental practices and trade flows, making the conditions necessary for the success of the case a difficult-to-raise bar. Thanks to this lens, the application rules are more performative than material. A representative of the American labor movement called the result of the Guatemalan case a “design failure.” Nevertheless, the Commission`s reluctance to adopt a sanctions-based approach to the SSD is understandable. There is little evidence that the US approach is more effective than the EU`s. An official case has never been subject to the environmental provisions of a U.S. free trade agreement. Of the complaints received since 1994 by the Office of Trade and Labor Affairs, the U.S.

body responsible for verifying allegations of non-compliance with the FTA`s work, only one dispute resolution case was substantined: an allegation that Guatemala had failed to enforce its labour laws under acceptable working conditions and trade union rights. Moreover, before initiating formal proceedings against a country on the basis of its work or environmental record, a government will inevitably take into account other political and diplomatic factors. Scientific studies indicate that the current TSD model of dialogue and consultation in the EU improves conditions in partner countries.

December 18, 2020 - Posted by | Uncategorized