Enforcement Practice Under Preferential Trade Agreements: Environmental Consultations and Submissions on Environmental Enforcement Matters in the US-Peru TPA

Abstract

The US-Peru Trade Promotion Agreement (TPA), in force since 2009 contains an environment chapter and a particular Annex on Forest Sector Governance with strong provisions to tackle trade associated with illegal logging and to promote legal trade in timber products. Both the Chapter and the Annex are subject to governmental environmental consultations, linked to the Dispute Settlement Mechanism of the TPA. Additionally, the treaty grants the right to file a submission to any person when a Party is failing to effectively enforce its environmental laws, with a Secretariat created just in 2015. As a result, three files have been already submitted against Peru seeking the implementation of (1) an international environmental agreement, (2) the national environmental law and, (3) a provision of the Annex of the TPA. On the latest, furthermore, the US Government requesting in January 2019 the first consultations on environmental matters involving forest issues under a TPA.