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.

Procedural Innovations Related to Sustainable Development

2021 ◽  
pp. 248-264
Author(s):  
Marie-Claire Cordonier Segger
Keyword(s):  
Sustainable Development ◽  
Social Development ◽  
Public Participation ◽  
Policy Making ◽  
Dispute Settlement ◽  
Investment Policy ◽  
Participation Mechanisms ◽  
Investment Agreements ◽  
Trade And Investment ◽  
The Way

Research undertaken for the volume found that changes in the way that trade and investment agreements are negotiated, as well as sustainable development-related innovations contained in the procedural rules of the trade and investment treaties, from an interactional view, have implications for the way the treaty texts integrate for sustainable development. This chapter discusses four procedural innovations which are being used by Parties to identify potential environmental and sustainability impacts, and to consider innovative measures for inclusion in their trade and investment agreements. First, it considers impact assessments of trade and investment liberalization policies and draft treaties, focusing on the origins and scope of impact assessment processes, their mandates and methodologies, their role in integrating social and environmental issues into economic trade policy and how they could be improved. Second, it considers consultations between economic, environmental and social development authorities as a mechanism to secure more integrated and coherent trade and investment policy-making. Third, the chapter discusses transparency and public participation mechanisms, in agreement negotiations and the agreements themselves. Finally, it explores innovative dispute settlement provisions.

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.

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.

Integrating Social and Environmental Considerations into Trade and Investment Agreements, for Sustainable Development

2021 ◽  
pp. 313-323
Author(s):  
Marie-Claire Cordonier Segger
Keyword(s):  
Sustainable Development ◽  
Social Development ◽  
World Trade ◽  
Trade Law ◽  
Law And Policy ◽  
Investment Law ◽  
Environmental Considerations ◽  
Investment Agreements ◽  
Trade And Investment ◽  
Procedural Aspect

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.

Integrating Economic and Social Development

2020 ◽  
pp. 337-357
Author(s):  
Katharine Briar-Lawson ◽  
Mizanur R. Miah
Keyword(s):  
Sustainable Development ◽  
Economic Development ◽  
Social Development ◽  
Well Being ◽  
Academic Disciplines ◽  
Social Entrepreneur ◽  
Progressive Development ◽  
The Social ◽  
Social And Economic Development ◽  
Development Goals

In “Integrating Social and Economic Development: Rationale, Models, and Limitations,” multiple levels of social and economic development are examined. In most nations, economic development is not well connected to social development, especially social welfare and social protections. This chapter explores more progressive development that offsets distorted development and its harms. Special attention is devoted to the well-being of the social entrepreneur and ecosystems of support. Integrative approaches are addressed, including conceptual frames, the leadership of the United Nations and its Sustainable Development Goals, and some of the academic disciplines that can contribute to more integrative thinking, approaches, policies, and research. Mechanisms for integration are discussed, along with attention to growth that promotes more inclusive economies.

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.

THE WORLD BANK ABOUT SOCIAL DEVELOPMENT: THE EVOLUTION OF APPROACHES

2021 ◽  
pp. 97-109
Author(s):  
Olga Pryazhnikova ◽  
Keyword(s):  
Sustainable Development ◽  
Economic Development ◽  
Social Development ◽  
World Bank ◽  
Poverty Reduction ◽  
The World Bank ◽  
The World ◽  
Socio Economic Development ◽  
Global Agenda

The World Bank has made an important contribution to shaping the global agenda for reducing poverty, increasing prosperity and promoting sustainable development. The review examines the main milestones in changes of the World Bank’s activities in the field of social development. The evolution of the organization’s approaches to solving the problem of poverty reduction as one of the key obstacles to socio-economic development is outlined.

Malaysia's Perspective of Inclusive Growth

2012 ◽  
Vol 04 (04) ◽  
pp. 56-66 ◽  
Author(s):  
Firdaos ROSLI ◽  
En Ning HWA
Keyword(s):  
Economic Development ◽  
Social Development ◽  
Millennium Development Goals ◽  
High Income ◽  
Inclusive Development ◽  
Inclusive Growth ◽  
Development Goals

Since independence, Malaysia has pursued inclusive development for all its economic and social long-term plans. The success of its past national plans for economic development can be assessed by the progress of its Millennium Development Goals. The country now faces greater challenges in achieving inclusive economic and social development before it could become a high income nation by 2020. The authors suggest that inclusive development can also be incorporated in regional frameworks and programmes.

scholarly journals The Role of Faith Systems and Religions in the Future of Sustainable Development: An Islamic Outlook

2019 ◽  
Vol 12 (5) ◽  
pp. 23
Author(s):  
Mamdouh M. A. Sobaihi
Keyword(s):  
Sustainable Development ◽  
Belief Systems ◽  
Distant Future ◽  
The Sustainable Development ◽  
Religious Networks ◽  
Development Plans ◽  
Development Goals ◽  
The Individual ◽  
Shed Light

Reference material concerning sustainable development has increased dramatically over the last decades, with more and more countries, agencies and businesses following the sustainable development ideals and principles. However, one of the most basic of human institutions has not contributed, and perhaps not allowed to contribute, to the debate. Religion and faith systems have a great potential in influencing not only the definitions of sustainable development but also concepts of human sustainable practices to achieve sustainable development goals. The main obstacle to the fulfillment of this potential appears to be the lack of outreach and acceptance of the scientific community to the religious and faith system institutions and individuals. In this paper, a review of the literature is carried out to shed light on the root of this schism between science and belief systems. In addition, the paper will highlight how the majority of the literature deals with process rather than the individual human being and how to make him/her a better practitioner of sustainability. It is also aimed that the paper shed some light on how religious and faith system ideals can be incorporated into sustainable development plans and systems. The main focus of the paper is to cast light on the religion of Islam and some of the Islamic teachings and Ideals and how they can be incorporated in delivering the message of sustainable development since the religion of Islam is forecast to be the largest faith on the planet in the not too distant future. In conclusion, a discussion on how the various religious networks can deliver the message of sustainability will be discussed.

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