Provisions to Integrate Environmental and Social Considerations into a Bilateral and Regional Trade and Investment Agreements for Sustainable Development

Abstract

In this chapter, a comparative review of over regional trade and investment agreements (RTAs) provides analysis of how innovative mechanisms to address sustainable development issues can be interpreted in the context of a free trade agreement (FTA). The chapter explains how the measures identified through the volume’s analytical framework (typology) may assist Parties to a trade or investment agreement to deliver on a commitment to sustainable development in their treaty. The chapter then explains and analyses how States are starting to signal a commitment to sustainable development in carefully worded introductory provisions in their RTAs and investment treaties. It then moves to examine innovative operational provisions from bilateral or regional economic treaties discussed in this volume which explicitly mention sustainable development. The provisions are examined in light of their potential to respond to the three tensions identified earlier in this volume, and the corresponding rationale and opportunities for integration identified, including the potential interpretations of the mechanisms in light of the integration principle. Finally, the chapter considers examples highlighted from the survey of trade and investment liberalization impact assessments discussed earlier in this volume: sanitary and phytosanitary (SPS) measures, government procurement and investment liberalization, before exploring more advanced and innovative new measures.