scholarly journals Externalising Europe’s energy policy in EU Free Trade Agreements: A cognitive dissonance between promoting sustainable development and ensuring security of supply?

2019 ◽  
Author(s):  
Anna-Alexandra Marhold
Keyword(s):  
Climate Change ◽  
Sustainable Development ◽  
Energy Policy ◽  
Cognitive Dissonance ◽  
Free Trade ◽  
Fossil Fuels ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Security Of Supply ◽  
The Eu

It is no secret that while the European Union (EU) has taken up commitments to combat climate change under the United Nations Framework Convention on Climate Change Paris Agreement and its own 2020 and 2030 climate and energy package strategy, the Union continues to be heavily dependent on the import of fossil fuels from abroad. One may even say that this leads to a cognitive dissonance, i.e. the discomfort which ensues if one holds two contradictory values, with respect to the externalisation of the Union’s energy and sustainable development policy. On the one hand, the EU aims to become a global frontrunner in the field of promoting renewable energy and sustainable development. This expresses itself through the inclusion of specific chapters on Trade and Sustainable Development in the EU’s Free Trade Agreements (FTAs) (standard since the 2011 EU-South Korea FTA). On the other, the EU realises that it is imperative to secure the Union’s security of energy supply, still largely guaranteed by fossil fuels. Therefore, the Union in parallel attempts to eliminate discriminatory practices in international fossil fuel trade in its bilateral agreements (e.g. in the EU-Ukraine Deep and Comprehensive Free Trade Agreement). This paper will explore the root causes of this cognitive dissonance and research what elements could contribute to ensuring more coherence in EU external energy policy. The objectives of sustainable development and security of supply are not necessarily contradictory per se. However, clearer delineations between the two objectives are necessary in EU external relations in general, and in the Union’s FTAs more specifically. This also applies to relations between Member States and the Union in this area, as well as to the interactions between the relevant EU institutions tasked with energy, sustainable development and the environment.

scholarly journals A critique of the extraterritorial obligations of the EU in relation to human rights clauses and social norms in EU free trade agreements

2018 ◽  
Author(s):  
Clair Gammage
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Social Norms ◽  
Free Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Eu Law ◽  
Recent Developments ◽  
Labour Standards ◽  
The Eu

This article examines the nature of the EU’s obligations in relation to human rights and social norms in its free trade agreements (FTAs) with a view to problematising the extent to which such clauses are justiciable and enforceable. While human rights do not fall within the area of exclusive EU competence, it is widely accepted that the EU may be liable for contributing to human rights violations in the context of trade agreements under international law and EU law. Conversely, it will be shown that social norms, including labour standards and principles such as sustainable development and environmental protection, which are increasingly set out in the Trade and Sustainable Development (TSD) chapters of FTAs, raise more complex questions regarding the territorial reach of EU law. It is submitted that EU FTAs are constructed in such a way as to exclude rights with the effect that the extraterritorial obligations of the EU in relation to human rights clauses and social norms are unlikely to be judicially enforceable in practice. However, in spite of the territorial limitations of EU law in relation to human rights clause and social norms, recent developments in the case law of the Court of Justice of the EU (CJEU) suggest that the EU is nevertheless under an obligation to ensure its trade agreements with developing countries are conducted in a ‘development-friendly’ manner. To conclude, this article advances the argument that the obligation to engage in ‘development-friendly’ trade may serve to extend the territorial reach of EU further, albeit within the confines of trade and cooperation agreements.

scholarly journals Trade, Climate and Energy: A New Study on Climate Action through Free Trade Agreements

Energies ◽  
2021 ◽  
Vol 14 (14) ◽  
pp. 4363
Author(s):  
Christopher M. Dent
Keyword(s):  
Climate Change ◽  
Free Trade ◽  
Global Economy ◽  
International Political Economy ◽  
Positive Impact ◽  
Free Trade Agreements ◽  
Primary Source ◽  
Trade Agreements ◽  
Climate Action ◽  
Trade Partners

Efforts to tackle climate change are taking place on multiple fronts. This includes trade, an increasingly important defining feature of the global economy. In recent years, free trade agreements (FTAs) have become the primary mechanism of trade policy and diplomacy. This study examines the development of climate action measures in FTAs and discusses what difference they can make to tackling climate change. Its primary source research is based on an in-depth examination of FTAs in force up to 2020. This paper is structured around a number of research questions forming around three main inter-related areas of enquiry. Firstly, to what extent are these provisions in FTAs essentially derivative of energy’s connections with climate change, and thus part of a wider trade–climate–energy nexus? Secondly, what kinds of climate action are FTAs specifically promoting, and how effective a potential positive impact may we expect these to have? Thirdly, are certain climate action norms being promoted by trade partners in FTAs and if so, then who are the norm leaders, what is motivating them, and to what extent are they extending their influence over other trade partners? In addressing these questions, this study offers new insights and analysis regarding a potentially important emerging trend in the trade–climate–energy nexus. Its international political economy approach and latest empirical research also provide a further distinctive contribution to knowledge in this inter-disciplinary area, developing new comprehensions of the relationship between trade, climate action and energy.

Transparency and participatory aspects of investor-state dispute settlement in the EU ‘new wave’ trade agreements

2019 ◽  
Vol 32 (4) ◽  
pp. 781-800 ◽  
Author(s):  
Joanna Lam ◽  
Güneş Ünüvar
Keyword(s):  
Free Trade ◽  
Public Interest ◽  
Dispute Settlement ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Forum Shopping ◽  
New Wave ◽  
Commercial Arbitration ◽  
Investment Arbitration ◽  
The Eu

AbstractThis article scrutinizes the investment chapters in the new EU Free Trade Agreements from a transparency perspective. The article examines the claims that the dispute settlement mechanisms in the new treaties are sufficiently participatory and more transparent than their predecessors. Procedural standards related to confidentiality of proceedings shall be analysed in the context of existing transparency safeguards in investment arbitration. In addition to procedural guarantees of transparency, the article examines relevant substantive rules affecting participatory aspects of dispute settlement. Furthermore, the article discusses forum-shopping strategies of the parties in the field of investment-related disputes, including internal forum-shopping and parallel proceedings using different procedural mechanisms. In this context, lessons from other fields such as international commercial arbitration related to transparency (in cases in which public interest is present) are highlighted. The proposal for the establishment of an integrated, multilateral court for investment cases is also invoked.

Brexit will be damaging for UK-EU services trade

2020 ◽  
Keyword(s):  
United Kingdom ◽  
Free Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Services Trade ◽  
Content Type ◽  
Cross Border ◽  
The United Kingdom ◽  
Trade Deals ◽  
The Eu

Significance Even if it succeeds, this will have a greater disruptive impact on the trade in services than goods, because the EU’s single market enables greater cross-border services trade than is typical of other free trade agreements (FTAs). This is likely to cut the volume of EU-UK services trade, in which the United Kingdom currently enjoys a substantial surplus. Impacts The United Kingdom’s departure from the EU will diminish its appeal for multinationals over the next few years, at least. The new UK immigration system could result in staff shortages in low-skilled services sectors. The imperative of tackling COVID-19 will likely delay the conclusion of new trade deals with non-EU countries.

scholarly journals Participatory Democracy in EU and Australia International Investment Law Policy Processes

2016 ◽  
Vol 18 (1) ◽  
pp. 20-71
Author(s):  
James Day
Keyword(s):  
Case Studies ◽  
Free Trade ◽  
Participatory Democracy ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
International Investment ◽  
International Investment Law ◽  
The People ◽  
Investment Law ◽  
The Eu

This paper turns to the popular field of international investment law, but rather than assessing the consequences of the various bilateral and free trade agreements that dominate this area, it looks at how these agreements are made. Particularly, in an area that is perceived as wanting in legitimacy, it analyses the structures that are involved in making these agreements and assesses them against principles of participatory democracy. Using three participatory sub-principles of openness, inclusiveness and responsiveness as benchmarks, it comments on just how involved the people of the EU and Australia are in making their respective international investment law policies. It uses the recent and ongoing TTIP and TTP negotiations as principal case studies. Ultimately, it concludes that, while both subjects inherit strong foundations for the participation of its people and their processes are not as dismissive as is perhaps publicly perceived, both have a way to go in being truly participatory.

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