Advancing Trade and Investment Rules for the World’s Sustainable Development Goals (SDGs)

2021 ◽  
pp. 22-28
Author(s):  
Marie-Claire Cordonier Segger
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Regional Trade ◽  
Environmental Assessments ◽  
Regional Economic ◽  
Legal Provisions ◽  
Social And Economic Development ◽  
Development Goals ◽  
Investment Agreements ◽  
Trade And Investment

This chapter sets out the focus and four principal objectives of the volume. It canvasses how the volume explores the nature of the legal provisions that States are starting to use in trade and investment agreements to reconcile and integrate environmental, social and economic development norms, and makes recommendations for how such measures might be taken into account in the WTO and future regional trade and investment agreements. The chapter sets out the methods and classification system (typology) adopted for the book, as well as the research undertaken, including an analysis of over sixty bilateral and regional economic agreements featuring references to sustainable development, and over 110 environmental assessments, environmental reviews, human rights reviews or sustainability impact assessments. It also introduces selected case studies of experiences under existing treaties, which will offer insights into how sustainable development concerns can be addressed in bilateral and regional economic agreements.

Trade and Investment Accords for Sustainable Development Goals 12–17

2021 ◽  
pp. 293-310
Author(s):  
Marie-Claire Cordonier Segger
Keyword(s):  
Climate Change ◽  
Sustainable Development ◽  
Human Rights ◽  
Sustainable Use ◽  
Terrestrial Ecosystems ◽  
Effective Governance ◽  
Responsible Consumption ◽  
Development Goals ◽  
Investment Agreements ◽  
Trade And Investment

Chapter 21 focuses on how trade and investment agreements may contribute to international efforts to achieve SDGs 12 to 17, which address responsible consumption and production patterns (SDG 12), combatting climate change (SDG 13), conservation and sustainable use of marine resources (SDG 14), and sustainable use of terrestrial ecosystems (SDG 15). SDG 16, which calls for peace, justice and strong institutions for sustainable development, is also canvassed in its links to securing stability, effective governance and human rights. Finally, SDG 17, which calls on all countries to build partnerships towards achieving sustainable development, is discussed as the foundation of all the SDGs in the concluding note to this chapter, particularly given its explicit provisions on economic cooperation, trade, investment and finance.

Trade and Investment Treaties and their Impacts

2021 ◽  
pp. 31-33
Author(s):  
Marie-Claire Cordonier Segger
Keyword(s):  
Economic Growth ◽  
Sustainable Development ◽  
Human Rights ◽  
Social Impact ◽  
Kuznets Curve ◽  
Environmental Assessments ◽  
Key Points ◽  
The Us ◽  
Investment Agreements ◽  
Trade And Investment

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.

Material Impacts of Trade and Investment on Sustainable Development

2021 ◽  
pp. 34-46
Author(s):  
Marie-Claire Cordonier Segger
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Environmental Impacts ◽  
Environmental Conditions ◽  
Environmental Assessments ◽  
Investment Treaty ◽  
Investment Agreements ◽  
Trade And Investment ◽  
Social And Environmental Impacts ◽  
The Eu

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.

Trade and Investment Accords for Sustainable Development Goals 1–5

2021 ◽  
pp. 267-276
Author(s):  
Marie-Claire Cordonier Segger
Keyword(s):  
Sustainable Development ◽  
Gender Equality ◽  
Sustainable Development Goals ◽  
Quality Education ◽  
Economic Recovery ◽  
The Sustainable Development ◽  
Health And Wellbeing ◽  
Development Goals ◽  
Investment Agreements ◽  
Trade And Investment

The Sustainable Development Goals (SDGs) set aspirational objectives for governments, international organizations and other stakeholders seeking to support sustainable development to achieve by 2030 or before, as well as indicators to facilitate measurement of attainment levels. Chapter 19 is the first of three chapters exploring provisions from over 110 innovative bilateral and regional economic treaties that could facilitate achievement of certain SDGs and their associated targets, to enable countries to maximize opportunities for their economic accords to assist in effectively contributing towards achievement of the SDG targets, particularly in a time of post-pandemic economic recovery. This chapter addresses trade and investment agreements provisions relevant to a first set of SDGs which target ‘basic needs’ challenges: eradicating poverty (SDG 1); ending hunger (SDG 2); promoting health and wellbeing (SDG 3); ensuring quality education (SDG 4) and achieving gender equality (SDG 5). The chapter canvasses the requirements of each goal and provides examples of treaty provisions that address each SDG.

International Legal Reasons for Countries to Address Environmental and Social Impacts of Trade and Investment Agreements

2021 ◽  
pp. 77-88
Author(s):  
Marie-Claire Cordonier Segger
Keyword(s):  
Sustainable Development ◽  
Economic Development ◽  
Social Development ◽  
Legal Status ◽  
Investment Policy ◽  
Scholarly Literature ◽  
Development Plans ◽  
Development Goals ◽  
Investment Agreements ◽  
Trade And Investment

This chapter considers whether States are legally bound to address the sustainability impacts of trade and investment liberalization—at least to prevent harm, and potentially also to actually integrate environmental and social development considerations in order to strengthen and enhance the contribution of increased trade and investment flows towards achieving countries’ Sustainable Development Goals (SDGs). To this end, it considers scholarly literature on the legal status of States’ commitments to sustainable development. It also discusses customary and interstitial norms, and whether international law requires States to integrate significant environmental and social considerations into economic development plans, including into the negotiations of new trade and investment agreements, noting the relevance of the maxim pacta sunct servanda. In particular, the chapter considers the relevance of the customary principle of integration to trade and investment policy, and how this principle might influence the interpretation of trade and investment agreements.

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

2021 ◽  
pp. 176-247
Author(s):  
Marie-Claire Cordonier Segger
Keyword(s):  
Sustainable Development ◽  
Trade Agreement ◽  
Analytical Framework ◽  
Government Procurement ◽  
Regional Trade ◽  
Investment Liberalization ◽  
Comparative Review ◽  
Investment Agreement ◽  
Investment Agreements ◽  
Trade And Investment

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.

National Human Rights Institutions and Sustainable Development with Specific Reference to Selected African Examples

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
John Mubangizi
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Best Practice ◽  
Specific Reference ◽  
African Countries ◽  
The Sustainable Development ◽  
Study Approach ◽  
National Human ◽  
Development Goals ◽  
National Human Rights Institutions

That National Human Rights Institutions (NHRIs) play an important role in the protection and promotion of human rights is a well-known fact. This has been widely acknowledged by the United Nations (UN). Also well-known is the fact that several African countries have enacted new constitutions during the last two to three decades. One of the most salient features of those new constitutions is that they establish NHRIs, among other things. Given their unique role and mandate, these NHRIs can and do play an important role in the realisation of the sustainable development goals contained in the UN 2030 Agenda for Sustainable Development. Adopting a case study approach, this article explores the role NHRIs have played in the promotion and protection of human rights in selected African countries and implications for sustainable development in those countries. The main argument is that there are several lessons African countries can learn from each other on how their NHRIs can more meaningfully play that role. Accordingly, best practice and comparative lessons are identified and it is recommended that NHRIs can contribute to sustainable development more meaningfully if they can make themselves more relevant, credible, legitimate, efficient and effective.

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