Pub Date : 2021-06-17DOI: 10.1093/oso/9780198831341.003.0008
M. C. Segger
This chapter briefly reviews, in the context of extensive literature, how the principle of integration has been applied by the European Union (EU) in its trade and economic decision-making in accordance with the EU’s agreed sustainable development objective. It considers what the European law and policy experience with integration can tell us about how the three tensions identified earlier in this volume may be addressed in international economic agreements. The chapter draws three key insights vis-à-vis integration of environmental and social concerns to address the tensions occasioned by new economic liberalization rules: first, increases in the scale or scope of trade and investment flows are not meant to cause direct material environmental damage through increases in unsustainable economic development activities; second, economic policies and agreements are not intended to create incentives for trade and investment led economic growth that will exacerbate serious environmental and social problems; and third, evolving trade and investment policies and treaties are not intended to encourage unsustainable growth.
{"title":"Integration as a Principle of European Law, and its Relevance to the Negotiation of Trade and Investment Agreements","authors":"M. C. Segger","doi":"10.1093/oso/9780198831341.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780198831341.003.0008","url":null,"abstract":"This chapter briefly reviews, in the context of extensive literature, how the principle of integration has been applied by the European Union (EU) in its trade and economic decision-making in accordance with the EU’s agreed sustainable development objective. It considers what the European law and policy experience with integration can tell us about how the three tensions identified earlier in this volume may be addressed in international economic agreements. The chapter draws three key insights vis-à-vis integration of environmental and social concerns to address the tensions occasioned by new economic liberalization rules: first, increases in the scale or scope of trade and investment flows are not meant to cause direct material environmental damage through increases in unsustainable economic development activities; second, economic policies and agreements are not intended to create incentives for trade and investment led economic growth that will exacerbate serious environmental and social problems; and third, evolving trade and investment policies and treaties are not intended to encourage unsustainable growth.","PeriodicalId":231279,"journal":{"name":"Crafting Trade and Investment Accords for Sustainable Development","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116897467","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-17DOI: 10.1093/oso/9780198831341.003.0004
M. C. Segger
This chapter begins by reviewing and critiquing the ‘Environmental Kuznets Curve’ and the argument of liberal and neo-liberal theorists that increases in international trade and investment flows, by supporting economic growth, will automatically prove positive for both social development and the environment. It foreshadows three key points of tension between trade and investment flows and sustainable development, providing a framework for the analysis of sustainable development-related innovations in global and regional economic agreements in the following chapters. It then briefly introduces and discusses impact assessments of trade and investment agreements. It discusses the EU approach (sustainability impact assessments), the US approach (environmental reviews), the Canadian approach (environmental assessments) and the approaches used in selected human rights and social impact assessments, and sets the foundation for the discussion that follows in the next chapter.
{"title":"Trade and Investment Treaties and their Impacts","authors":"M. C. Segger","doi":"10.1093/oso/9780198831341.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780198831341.003.0004","url":null,"abstract":"This chapter begins by reviewing and critiquing the ‘Environmental Kuznets Curve’ and the argument of liberal and neo-liberal theorists that increases in international trade and investment flows, by supporting economic growth, will automatically prove positive for both social development and the environment. It foreshadows three key points of tension between trade and investment flows and sustainable development, providing a framework for the analysis of sustainable development-related innovations in global and regional economic agreements in the following chapters. It then briefly introduces and discusses impact assessments of trade and investment agreements. It discusses the EU approach (sustainability impact assessments), the US approach (environmental reviews), the Canadian approach (environmental assessments) and the approaches used in selected human rights and social impact assessments, and sets the foundation for the discussion that follows in the next chapter.","PeriodicalId":231279,"journal":{"name":"Crafting Trade and Investment Accords for Sustainable Development","volume":"30 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128591434","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-17DOI: 10.1093/oso/9780198831341.003.0020
Marie-Claire Cordonier Segger
Following on from Chapter 19, this chapter addresses trade and investment provisions which may serve as mechanisms for enabling countries to advance their achievement of their targets under Sustainability Development Goals (SDGs) 6 to 11. These seek to secure access to clean water and sanitation (SDG 6) and affordable, clean energy (SDG 7), decent work and economic growth (SDG 8), innovation, and infrastructure (SDG 9), reduced inequality (SDG 10) and sustainable cities and communities (SDG 11). The chapter explores the diverse array of angles from which trade and investment agreements have addressed these SDGs, drawing on examples from recent agreements including the Comprehensive Economic and Trade Agreement (CETA), the Japan-Switzerland Free Trade Agreement (FTA) and the CARIFORUM-EU Economic Partnership Agreement (EPA).
{"title":"Trade and Investment Accords for Sustainable Development Goals 6–11","authors":"Marie-Claire Cordonier Segger","doi":"10.1093/oso/9780198831341.003.0020","DOIUrl":"https://doi.org/10.1093/oso/9780198831341.003.0020","url":null,"abstract":"Following on from Chapter 19, this chapter addresses trade and investment provisions which may serve as mechanisms for enabling countries to advance their achievement of their targets under Sustainability Development Goals (SDGs) 6 to 11. These seek to secure access to clean water and sanitation (SDG 6) and affordable, clean energy (SDG 7), decent work and economic growth (SDG 8), innovation, and infrastructure (SDG 9), reduced inequality (SDG 10) and sustainable cities and communities (SDG 11). The chapter explores the diverse array of angles from which trade and investment agreements have addressed these SDGs, drawing on examples from recent agreements including the Comprehensive Economic and Trade Agreement (CETA), the Japan-Switzerland Free Trade Agreement (FTA) and the CARIFORUM-EU Economic Partnership Agreement (EPA).","PeriodicalId":231279,"journal":{"name":"Crafting Trade and Investment Accords for Sustainable Development","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131215821","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-17DOI: 10.1093/oso/9780198831341.003.0023
M. C. Segger
This final chapter briefly discusses the volume’s key findings, including that many trade and investment agreements contain provisions with potential to contribute to achieving the Sustainable Development Goals (SDGs). It discusses the implications of the findings for international economic law more broadly, recognizing that no one single measure can provide ‘the solution’ to all trade- and investment-related sustainable development challenges and that many different provisions may be needed throughout the treaty, addressing potential impacts as they arise. It also highlights areas for further development, particularly in terms of ‘process’ innovations, such as sustainability impact assessments (SIAs). Further, the chapter canvasses areas of need for further legal research, which may be needed to monitor and propose improvements in State attempts to address regulatory elements in SIA and other processes. Finally, this chapter highlights the contribution of the volume to promoting sustainable development in trade and investment policy, serving as a useful tool for more sustainable international economic law and policy-making in the future.
{"title":"A Future Agenda for Crafting ‘Athena’s Treaties’ on Trade and Investment for Sustainable Development","authors":"M. C. Segger","doi":"10.1093/oso/9780198831341.003.0023","DOIUrl":"https://doi.org/10.1093/oso/9780198831341.003.0023","url":null,"abstract":"This final chapter briefly discusses the volume’s key findings, including that many trade and investment agreements contain provisions with potential to contribute to achieving the Sustainable Development Goals (SDGs). It discusses the implications of the findings for international economic law more broadly, recognizing that no one single measure can provide ‘the solution’ to all trade- and investment-related sustainable development challenges and that many different provisions may be needed throughout the treaty, addressing potential impacts as they arise. It also highlights areas for further development, particularly in terms of ‘process’ innovations, such as sustainability impact assessments (SIAs). Further, the chapter canvasses areas of need for further legal research, which may be needed to monitor and propose improvements in State attempts to address regulatory elements in SIA and other processes. Finally, this chapter highlights the contribution of the volume to promoting sustainable development in trade and investment policy, serving as a useful tool for more sustainable international economic law and policy-making in the future.","PeriodicalId":231279,"journal":{"name":"Crafting Trade and Investment Accords for Sustainable Development","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124390940","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-17DOI: 10.1093/oso/9780198831341.003.0012
M. C. Segger
This chapter argues that, while the World Trade Organization (WTO) may have accepted sustainable development as an objective of its members, it is not clear that the WTO has successfully integrated either environment or social development concerns into trade policy-making, to date. It considers the three opportunities for integration discussed in Chapter 3, and the implications of attempts to respond to them within the WTO, in two phases. First, it considers the WTO Agreements after the conclusion of the 1992 United Nations Conference on Environment and Development (UNCED), and the 1994 Uruguay Round, and how they are interpreted by the WTO Panel and Appellate Body in trade disputes, as well as any progress in WTO negotiations with respect to the tensions identified earlier during that period. Second, it considers developments in the WTO Doha Round of trade negotiations that were launched in 2001, directly before the 2002 World Summit on Sustainable Development (WSSD), and how subsequent WTO disputes have addressed these tensions.
{"title":"Sustainable Development Provisions in the 1994 GATT/WTO Agreements","authors":"M. C. Segger","doi":"10.1093/oso/9780198831341.003.0012","DOIUrl":"https://doi.org/10.1093/oso/9780198831341.003.0012","url":null,"abstract":"This chapter argues that, while the World Trade Organization (WTO) may have accepted sustainable development as an objective of its members, it is not clear that the WTO has successfully integrated either environment or social development concerns into trade policy-making, to date. It considers the three opportunities for integration discussed in Chapter 3, and the implications of attempts to respond to them within the WTO, in two phases. First, it considers the WTO Agreements after the conclusion of the 1992 United Nations Conference on Environment and Development (UNCED), and the 1994 Uruguay Round, and how they are interpreted by the WTO Panel and Appellate Body in trade disputes, as well as any progress in WTO negotiations with respect to the tensions identified earlier during that period. Second, it considers developments in the WTO Doha Round of trade negotiations that were launched in 2001, directly before the 2002 World Summit on Sustainable Development (WSSD), and how subsequent WTO disputes have addressed these tensions.","PeriodicalId":231279,"journal":{"name":"Crafting Trade and Investment Accords for Sustainable Development","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117323394","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-17DOI: 10.1093/oso/9780198831341.003.0017
M. C. Segger
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.
{"title":"Provisions to Integrate Environmental and Social Considerations into a Bilateral and Regional Trade and Investment Agreements for Sustainable Development","authors":"M. C. Segger","doi":"10.1093/oso/9780198831341.003.0017","DOIUrl":"https://doi.org/10.1093/oso/9780198831341.003.0017","url":null,"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.","PeriodicalId":231279,"journal":{"name":"Crafting Trade and Investment Accords for Sustainable Development","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123579367","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-17DOI: 10.1093/oso/9780198831341.003.0022
M. C. Segger
This chapter summarizes the findings of the research and draws together the explanations of these findings explored throughout the volume. Key findings include; the observation that States are adopting sustainable development as part of the ‘object and purpose’ of trade law, both in the World Trade Organization (WTO) and in many regional trade agreements (RTAs); the observation that States are also adopting innovative operational provisions to prevent trade and investment law from constraining legitimate new environment and social development measures and the enhancement of trade and investment in more sustainable sectors; as well as the observation that that there is an important procedural aspect to the integration of environmental and social development concerns in trade and investment law and policy. Drawing on these findings, the chapter summarizes opportunities for States to address key tensions between trade, environmental and social development regulations through the adoption of integration measures for sustainable development in the treaties, and three steps that States can take towards meaningful integration.
{"title":"Integrating Social and Environmental Considerations into Trade and Investment Agreements, for Sustainable Development","authors":"M. C. Segger","doi":"10.1093/oso/9780198831341.003.0022","DOIUrl":"https://doi.org/10.1093/oso/9780198831341.003.0022","url":null,"abstract":"This chapter summarizes the findings of the research and draws together the explanations of these findings explored throughout the volume. Key findings include; the observation that States are adopting sustainable development as part of the ‘object and purpose’ of trade law, both in the World Trade Organization (WTO) and in many regional trade agreements (RTAs); the observation that States are also adopting innovative operational provisions to prevent trade and investment law from constraining legitimate new environment and social development measures and the enhancement of trade and investment in more sustainable sectors; as well as the observation that that there is an important procedural aspect to the integration of environmental and social development concerns in trade and investment law and policy. Drawing on these findings, the chapter summarizes opportunities for States to address key tensions between trade, environmental and social development regulations through the adoption of integration measures for sustainable development in the treaties, and three steps that States can take towards meaningful integration.","PeriodicalId":231279,"journal":{"name":"Crafting Trade and Investment Accords for Sustainable Development","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132335275","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-17DOI: 10.1093/oso/9780198831341.003.0013
M. C. Segger
In this chapter, it is argued that in the 2001 Doha Declaration launching the new trade negotiations and in subsequent dispute settlement decisions, the World Trade Organization (WTO) member States and dispute settlement mechanism (DSM) have made small steps to integrate social and environmental considerations into the work of the WTO, but progress is limited. In particular, certain exemptions have been expanded and clarified (more through subsequent disputes than through negotiations), States have agreed on frameworks for negotiations that could both liberalize trade in environmental goods and services and reduce subsidies that encourage over-fishing, and potentially also encourage greater cooperation on trade-related environment and social development challenges. Influential WTO disputes are canvassed, and concerns with regards to process and production methods (PPMs) and related technology transfer opportunities are discussed briefly. It is also demonstrated that these steps, as critiqued in legal scholarship, reveal real limits to the WTO’s progress.
{"title":"Sustainable Development in the 2001 WTO Doha Round Debates and Beyond","authors":"M. C. Segger","doi":"10.1093/oso/9780198831341.003.0013","DOIUrl":"https://doi.org/10.1093/oso/9780198831341.003.0013","url":null,"abstract":"In this chapter, it is argued that in the 2001 Doha Declaration launching the new trade negotiations and in subsequent dispute settlement decisions, the World Trade Organization (WTO) member States and dispute settlement mechanism (DSM) have made small steps to integrate social and environmental considerations into the work of the WTO, but progress is limited. In particular, certain exemptions have been expanded and clarified (more through subsequent disputes than through negotiations), States have agreed on frameworks for negotiations that could both liberalize trade in environmental goods and services and reduce subsidies that encourage over-fishing, and potentially also encourage greater cooperation on trade-related environment and social development challenges. Influential WTO disputes are canvassed, and concerns with regards to process and production methods (PPMs) and related technology transfer opportunities are discussed briefly. It is also demonstrated that these steps, as critiqued in legal scholarship, reveal real limits to the WTO’s progress.","PeriodicalId":231279,"journal":{"name":"Crafting Trade and Investment Accords for Sustainable Development","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114791229","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-17DOI: 10.1093/oso/9780198831341.003.0011
M. C. Segger
This chapter discusses and analyses the history of development and environment concerns, in an international trade context, and in doing so, builds a timeline (between 1947 and 1994) which traces the development of conversations and debates around these issues at the international level. It begins by discussing the context and time period within which development concerns became part of the General Agreement on Tariffs and Trade (GATT) debate, and then proceeds to a discussion of the sources of conversations around environmental concerns. It concludes by discussing how at the start of the new World Trade Organization (WTO) (in 1994), tensions existed between constituencies interested in trade-led economic growth, constituencies seeking trade to support development and countries wishing to make links between trade and the environment.
{"title":"Development and Environment in Early World Trade Debates","authors":"M. C. Segger","doi":"10.1093/oso/9780198831341.003.0011","DOIUrl":"https://doi.org/10.1093/oso/9780198831341.003.0011","url":null,"abstract":"This chapter discusses and analyses the history of development and environment concerns, in an international trade context, and in doing so, builds a timeline (between 1947 and 1994) which traces the development of conversations and debates around these issues at the international level. It begins by discussing the context and time period within which development concerns became part of the General Agreement on Tariffs and Trade (GATT) debate, and then proceeds to a discussion of the sources of conversations around environmental concerns. It concludes by discussing how at the start of the new World Trade Organization (WTO) (in 1994), tensions existed between constituencies interested in trade-led economic growth, constituencies seeking trade to support development and countries wishing to make links between trade and the environment.","PeriodicalId":231279,"journal":{"name":"Crafting Trade and Investment Accords for Sustainable Development","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131424261","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-17DOI: 10.1093/oso/9780198831341.003.0005
M. C. Segger
Based on a survey of concerns raised in recent sustainability impact assessments (SIAs), environmental reviews (ERs) and environmental assessments (EAs), this chapter uncovers illustrative examples which help explain the potential material impacts of increased trade and investment on economic, social and environmental conditions that can affect countries’ potential for sustainable development. To this end, it briefly reviews material economic, social and environmental concerns documented in European SIAs such as the EU-Chile SIA; in North American ERs such as the Chile-US ER; and other impacts assessments, including several social and human rights impacts assessments. It then draws on this review to consider the negative social and environmental impacts that may be caused or exacerbated by trade and investment treaty provisions, recognizing that social and environmental impacts of liberalization under trade and investment agreements are not always positive. Further, it introduces the need to consider how States are seeking to mitigate such impacts, including the necessary policy and legal dimensions discussed in the following chapter.
{"title":"Material Impacts of Trade and Investment on Sustainable Development","authors":"M. C. Segger","doi":"10.1093/oso/9780198831341.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780198831341.003.0005","url":null,"abstract":"Based on a survey of concerns raised in recent sustainability impact assessments (SIAs), environmental reviews (ERs) and environmental assessments (EAs), this chapter uncovers illustrative examples which help explain the potential material impacts of increased trade and investment on economic, social and environmental conditions that can affect countries’ potential for sustainable development. To this end, it briefly reviews material economic, social and environmental concerns documented in European SIAs such as the EU-Chile SIA; in North American ERs such as the Chile-US ER; and other impacts assessments, including several social and human rights impacts assessments. It then draws on this review to consider the negative social and environmental impacts that may be caused or exacerbated by trade and investment treaty provisions, recognizing that social and environmental impacts of liberalization under trade and investment agreements are not always positive. Further, it introduces the need to consider how States are seeking to mitigate such impacts, including the necessary policy and legal dimensions discussed in the following chapter.","PeriodicalId":231279,"journal":{"name":"Crafting Trade and Investment Accords for Sustainable Development","volume":"300 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116787918","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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