The Inclusion of Sustainable Development into New-Generation FTAS – What Can be Expected in Reserving Nations’ Rights to Regulate?

N. T. Huong
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Abstract

Abstract The last decade has seen a growing trend towards the combination of sustainability, in which environmental protection is the most important, with trade in both regional and international forums. Indeed, the term “sustainable development”, which rarely appeared in “traditional” trade or investment agreements, is easy to be found in many new-generation agreements such as CP-TPP or a series of FTAs recently signed by the EU with its partners such as Canada, Singapore and Vietnam. It has been observed that the interaction between sustainable development and trade-investment, especially via dispute settlement activities, has been intensively studied. However, as the combination of sustainability in FTA has just been promoted recently with the aim to tackle the abovementioned issue. The provisions on sustainable and environmental protection are included in the new generation FTA, i.e. CP-TPP, EU-Canada Comprehensive Economic and Trade Agreement, EU-Singapore FTA and EU-Vietnam’s FTA. These sustainability-support regulations help to confirm the right of the hosting state to set its own levels of domestic protection in the environmental and social areas as well as to build and follow its own environmental policies. However, these provisions are still general compared to the set of trade-investment rules/obligations under the trade-investment agreements. The aim of this paper is to find out the meaning and status of the sustainability-support regulations under trade-investment agreements. It examines these provisions in light of maintaining countries’ right to protect the environment under abovementioned preferential trade-investment agreements in order to critically evaluate the effect of these rules on future measures of relevant countries to protect the environment.
将可持续发展纳入新一代自由贸易协定——保留国家调控权的期望是什么?
在过去的十年里,在区域和国际论坛上,以环境保护为最重要的可持续发展与贸易相结合的趋势日益明显。事实上,在“传统”贸易或投资协定中很少出现的“可持续发展”一词,很容易在许多新一代协定中找到,比如tpp,或者欧盟最近与加拿大、新加坡和越南等伙伴签署的一系列自由贸易协定。人们注意到,可持续发展与贸易投资之间的相互作用,特别是通过解决争端的活动,已得到深入研究。然而,为了解决上述问题,最近在自由贸易协定中刚刚提出了可持续发展的结合。新一代自由贸易协定,即CP-TPP、欧盟-加拿大全面经济贸易协定、欧盟-新加坡自由贸易协定和欧盟-越南自由贸易协定,都包含了可持续和环境保护的条款。这些支持可持续发展的法规有助于确认主办国在环境和社会领域设定自己的国内保护水平以及制定和遵循自己的环境政策的权利。但是,与贸易投资协定下的一整套贸易投资规则/义务相比,这些规定仍然是一般性的。本文旨在了解贸易投资协定中可持续支持规定的意义和地位。本文从维护各国在上述优惠贸易投资协定下保护环境的权利的角度来审查这些规定,以便批判性地评价这些规则对有关国家未来保护环境措施的影响。
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