What do we do?
Since 2010 the EFTA States have further developed and systematically included model provisions in their Free Trade Agreements (FTAs). The provisions reflect a cooperative approach and put an emphasis on policy coherence. They recognise that economic development, social development and environmental protection are interdependent and mutually supportive components of sustainable development and foresee that the Parties reaffirm their commitment to promote the development of international trade in such a way as to contribute to sustainable development. The provisions of the Trade and Sustainable Development chapter specifically address trade- or investment-related aspects of labour and environmental standards. Some of the standards and obligations referred to in the chapter also have a human rights dimension or may relate to the fulfilment of such rights.
A new report explaining EFTA’s 10 years of experience of negotiating and including Chapters on Trade and Sustainable Development in EFTA’s Free Trade Agreements has been developed. It includes discussions on developments in this field over the last 10 years, new updates as well as measures on monitoring and implementation. A link to the report can be found here.
With which partners do we have a trade and sustainable chapter?
A chapter on trade and sustainable development has been included in EFTA’s FTAs with Montenegro (signed in 2011), Bosnia and Herzegovina (2013), the Central American States (2013), Georgia (2016), the Philippines (2016), Ecuador (2018), Indonesia (2018) and Mercosur (not yet signed). The EFTA-Hong Kong China FTA (2011) includes a chapter on trade and environment, while a side agreement on labour has been concluded in parallel. A chapter has also been added as part of a comprehensive review of the FTA with Turkey (2018) and been added to the existing FTAs with Albania (2015) and Serbia (2015).
The EFTA States decided in 2017 to engage in a review of the model provisions. This process was finalised in 2020 and articles on Sustainable Forest Management and Associated Trade, Trade and Climate Change, Trade and Biological Diversity, Trade and Sustainable Management of Fisheries and Aquaculture, Trade and Sustainable Agriculture and Food Systems, Promotion of Trade and Investment Favouring Sustainable Development, Responsible Business Conduct, Panel of Experts and an article on gender equality called Inclusive Economic Development and Equal Opportunities for All have been added and an article on International Labour Standards and Agreements has been strengthened.
Monitoring and implementation
The Joint Committee, established under the respective FTA, monitors the implementation of the chapter. As many FTAs containing trade and sustainable development chapters are quite recent, there has only been a limited number of Joint Committee meetings during which a substantial discussion on trade and sustainable development could be held, namely with Montenegro (in 2012), Hong Kong China (in 2017) and Serbia (in 2018), but the EFTA States’ experience in monitoring the implementation of these chapters will continue to grow as more and more FTAs will include a trade and sustainable chapter.
It is important to bear in mind that EFTA’s TSD chapter does not create new labour and environmental standards, but rather builds on existing obligations and commitments undertaken by the Parties in the competent multilateral fora. These fora such as the International Labour Organisation for labour standards and the different multilateral environmental agreements have their own mechanism in place to monitor the implementation of their specific instruments. Other important means to promote the implementation of the trade and sustainable development chapter is cooperation in relevant fora, be they multi-, pluri- or bilateral, with the partner country in question.
The negotiation of ambitious and robust provisions on trade and sustainable development in FTAs will remain a priority for the EFTA States. With the newly concluded review of the chapter, not only have new provisions on environment and gender and updated provisions on labour been added, but also the monitoring and implementation of the commitments has been strengthened by the newly introduced possibility to establish a panel of experts to make recommendations towards the resolution of any issue that may arise. Consistently adding more and more FTAs with concrete commitments on trade and sustainable development to our network is one way EFTA States can contribute to sustainable development. In addition, the increased focus on monitoring and implementation should better allow us to assess how we can best and continuously strengthen our efforts in the time to come.
Feel free to contribute
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