USMCA contains provisions to protect fish stocks and tackle marine litter – but it says nothing about climate change.The flagship USMCA trade agreement between the United States, Canada and Mexico is coming into force on 1 July 2020 How does this agreement deal with environmental issues? Bashar Malkawi and Shakeel Kazmi walk us to the key provisions in USMCA on environment – contrasting them with other trade agreements, including the European Union’s.
OECD Workshop on Regional Trade Agreements and the Environment Session 3.1 - ...OECD Environment
This workshop focused on key issues related to Regional Trade Agreements (RTA) and the environment. It had three main objectives: (i) to take stock of current experience and insights on RTAs and the environment from different stakeholders, and to establish a stakeholder dialogue on this topic; (ii) to investigate how RTAs can serve as a vehicle to advance a resource efficient and circular economy transition; and (iii) to explore the potential of RTAs in addressing the nexus of illegal trade and environmental crime
Sound Management of Chemicals and Waste for 2030 Agenda on Sustainable Develo...Rolph Payet
Sound Management of Chemicals and Waste in the context of the 2030 Agenda on Sustainable Development
Briefing presented at the Open-Ended Committee of Permanent Representatives, 16th Feb 2016
International conventions and agreements form
an important backdrop to the issues surrounding
biodiversity and the oil and gas industry, and they are
a significant pressure driving the development of a
strong business case for biodiversity conservation.
This document will assist users of the EBI’s Framework
for Integrating Biodiversity into the Site Selection Process
(the Framework) in considering the implications of
international conventions.
OECD Workshop on Regional Trade Agreements and the Environment Session 3.1 - ...OECD Environment
This workshop focused on key issues related to Regional Trade Agreements (RTA) and the environment. It had three main objectives: (i) to take stock of current experience and insights on RTAs and the environment from different stakeholders, and to establish a stakeholder dialogue on this topic; (ii) to investigate how RTAs can serve as a vehicle to advance a resource efficient and circular economy transition; and (iii) to explore the potential of RTAs in addressing the nexus of illegal trade and environmental crime
OECD Workshop on Regional Trade Agreements and the Environment Session 3.1 - ...OECD Environment
This workshop focused on key issues related to Regional Trade Agreements (RTA) and the environment. It had three main objectives: (i) to take stock of current experience and insights on RTAs and the environment from different stakeholders, and to establish a stakeholder dialogue on this topic; (ii) to investigate how RTAs can serve as a vehicle to advance a resource efficient and circular economy transition; and (iii) to explore the potential of RTAs in addressing the nexus of illegal trade and environmental crime
Sound Management of Chemicals and Waste for 2030 Agenda on Sustainable Develo...Rolph Payet
Sound Management of Chemicals and Waste in the context of the 2030 Agenda on Sustainable Development
Briefing presented at the Open-Ended Committee of Permanent Representatives, 16th Feb 2016
International conventions and agreements form
an important backdrop to the issues surrounding
biodiversity and the oil and gas industry, and they are
a significant pressure driving the development of a
strong business case for biodiversity conservation.
This document will assist users of the EBI’s Framework
for Integrating Biodiversity into the Site Selection Process
(the Framework) in considering the implications of
international conventions.
OECD Workshop on Regional Trade Agreements and the Environment Session 3.1 - ...OECD Environment
This workshop focused on key issues related to Regional Trade Agreements (RTA) and the environment. It had three main objectives: (i) to take stock of current experience and insights on RTAs and the environment from different stakeholders, and to establish a stakeholder dialogue on this topic; (ii) to investigate how RTAs can serve as a vehicle to advance a resource efficient and circular economy transition; and (iii) to explore the potential of RTAs in addressing the nexus of illegal trade and environmental crime
Ricardo-AEA provided technical support to the European Commission in assessing the environmental, social and economic impacts of policy proposals to reduce GHG emissions from the international shipping sector.
Despite some recent progress in the IMO negotiations with respect to technical measures for new ships, the emissions of existing vessels are still not regulated. At the European level, a range of targets have been set concerning economy-wide GHG emission reductions. International shipping is the only sector not included in EU level GHG reduction targets. The modelling projections developed for this project show that under the baseline scenario CO2 emissions from European maritime transport would increase by over 50% between 2010 and 2050. As such, there is a pressing need to take action to control the growing GHG emissions from the international maritime sector.
A presentation on the social-political background to the Paris climate talks, a 'mapping' of the climate regime, a summary of outcomes, and the full text highlighted and explained.
World Trade Organisation Rules and Environmental PoliciesHussain Shah
This article talks about Sustainable development and protection and preservation of the environment are fundamental goals of the WTO. They are enshrined in the Marrakesh Agreement, which established the WTO, and complement the WTO’s objective to reduce trade barriers and eliminate discriminatory treatment in international trade relations. While there is no specific agreement dealing with the environment, under WTO rules members can adopt trade-related measures aimed at protecting the environment provided a number of conditions to avoid the misuse of such measures for protectionist ends are fulfilled.
Bangladesh may pursue SAPTA and APTA members to incorporate different provision to ensure smooth supply of essential products and medical supplies in order to meet the future pandemic crisis.
THE WORLD TRADE ORGANIZATION’S 2012 TUNA-DOLPHIN DECISION – THE BATTLE BETWEE...Summer Smith
What Effect Does This Decision Have on U.S. Environmental Protection Measures? Is It Possible to Strike A Balance Between Free Trade and Environmental Protection?
Unit Learning ObjectivesAfter reading this unit, you will· .docxdickonsondorris
Unit Learning Objectives
After reading this unit, you will:
· Explain how international environment law evolved, identifysome of its major principles and concepts, and understandthe contexts in which they apply
· Identify some of the main instruments (treaties/conventions, declarations, resolutions) that inform the substantive content of international environment law, and discuss critically some of the challenges to the making and implementation of international environment law.
· Identify some of the rules and regulations created to address climate change and conserve biological diversity, and understand some of the main challenges to their effective implementation.
Unit Plan and Summary
This unit discusses the role of international law in the governance of the global environment and sustainable development. We begin with an examination of the evolution of international environment law, highlighting the major UN sponsored initiatives that have given impetus to the elaboration of new principles, concepts and agreements, especially the notion of 'sustainable development'. We then proceed to discuss two examples of international environment treaties (climate change and biological diversity) that attempt to translate notions of sustainable development into binding rules and regulations embodying some of the key principles of global environmental governance that have emerged over the past 40 years.
Outline
1. The Evolution of International Environment Law
2. Making and Implementing International Environment Law
3. Climate Change
4. Biological Diversity
Readings
· Fuentes, Ximena. “International Law-Making in the Field of Sustainable Development: The Unequal Competition Between Development and the Environment.” International Environmental Agreements 2, no. 2 (2002): 109–133. doi:http://dx.doi.org/10.1023/A:1020990026398.
Readings for Briefs
· Hiskes, Richard P. “The Right to a Green Future: Human Rights, Environmentalism, and Intergenerational Justice.” Human Rights Quarterly 27, no. 4 (2005): 1346–1364.
· Risse, Mathias. “The Right to Relocation: Disappearing Island Nations and Common Ownership of the Earth.” Ethics & International Affairs 23, no. 3 (2009). doi:http://dx.doi.org/10.1111/j.1747-7093.2009.00218.x.
· McIntyre, Owen, and Mosedale, Thomas. “The Precautionary Principle as a Norm of Customary International Law.” Journal of Environmental Law 9, no. 2 (1997): 221–241. doi:http://dx.doi.org/10.1093/jel/9.2.221.
Key Concepts
· Precautionary Principle
· Polluter Pays Principle
· Common Heritage Principle (Res Communis)
· Common but Differentiated Responsibilities
· Framework-Protocol Approach
· State Responsibility (Good Neighbourliness)
· Transboundary Environmental harm
· Stockholm Declaration
· Rio Declaration
· Climate Change Mitigation & Adaptation
· Sustainable Development
· Access & Allocation
· Public Goods, Private Goods and Merit Goods
· Environmental Refugees
· Carbon offsets & Certified Emissions Reductions (CERs)
· Carbon Sin ...
Grafting the Old and New World: Towards a Universal Trademark Register that ...Danny Friedmann
Territoriality is one of the important principles of trademark law; however, the principle of territoriality is problematic and leads to many conflicts in the era of globalized trade and e-commerce. The European Union (EU) and Switzerland have a doctrine of maximalist protection of Indications of Geographical Origin (IGOs) via public orchestrated registers that defy the territoriality principle. The EU and Switzerland face concomitant problems to promote rural development and authentic quality products based on their terroir. In contrast, the US and other New World countries are harnessing their existing trademark systems to protect IGOs and further innovation. US and other New World countries are also letting products with generic geographical names compete in their home and international markets.
Specificity, protecting a sign only for designated goods or services, is another important principle of trademark law that can be and has been criticized. Without specificity, non-competitors would not be allowed to erode or tarnish the distinctiveness of a sign, no matter whether it is a trademark or IGO.
The Geographical Indications (GI) provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) are the legal result of a political compromise between Old and New World countries. Where the two camps did not succeed multilaterally, they each have pursued their policy aspirations within their national jurisdiction and internationally via Free Trade Agreements (FTAs) and specialized bilateral IGO agreements. In 2019, the People’s Republic of China (PRC), one of the most important growth markets for IGOs, signed a specific IGO agreement with the EU, and in 2020 an FTA with the US which includes preferential IGO-related provisions. These recent normative developments suggest that the PRC’s IGO obligations are being rearranged. Combining the best of both systems, could create vital hybrids that could lead the way to new IGO standards for a future multilateral IGO agreement.
Christina C. Benson and Bashar Malkawi, Iraq back on track the case for exped...Bashar H. Malkawi
This paper advocates that the World Trade Organization
(“WTO”) should revise the accession process for countries
classified by the World Bank as “Fragile and Conflict Affected”
(“FCA”), in order to expedite the accession timeline and allow
more expansive concessions, transition times, and technical
assistance, similar to the terms of accession currently applied to
Least Developed Countries (“LDCs”). Specifically, WTO
should permit FCA countries recovering from crisis, genocide,
natural disaster, or other severe unrest, to take advantage of the
more flexible “special and differential treatment” accession
provisions typically accorded to LDCs in the existing WTO
system, while also providing enhanced “trade-related technical
assistance” (TRTA) programming to such FCA countries to
speed their accession process. This paper describes the WTO
accession challenges faced by Iraq as a case study in why
expediting WTO membership of FCAs is a critically important
way to help such countries attract new investment and encourage economic growth and diversification of economies that tend to rely heavily in single commodities such as oil.
Ricardo-AEA provided technical support to the European Commission in assessing the environmental, social and economic impacts of policy proposals to reduce GHG emissions from the international shipping sector.
Despite some recent progress in the IMO negotiations with respect to technical measures for new ships, the emissions of existing vessels are still not regulated. At the European level, a range of targets have been set concerning economy-wide GHG emission reductions. International shipping is the only sector not included in EU level GHG reduction targets. The modelling projections developed for this project show that under the baseline scenario CO2 emissions from European maritime transport would increase by over 50% between 2010 and 2050. As such, there is a pressing need to take action to control the growing GHG emissions from the international maritime sector.
A presentation on the social-political background to the Paris climate talks, a 'mapping' of the climate regime, a summary of outcomes, and the full text highlighted and explained.
World Trade Organisation Rules and Environmental PoliciesHussain Shah
This article talks about Sustainable development and protection and preservation of the environment are fundamental goals of the WTO. They are enshrined in the Marrakesh Agreement, which established the WTO, and complement the WTO’s objective to reduce trade barriers and eliminate discriminatory treatment in international trade relations. While there is no specific agreement dealing with the environment, under WTO rules members can adopt trade-related measures aimed at protecting the environment provided a number of conditions to avoid the misuse of such measures for protectionist ends are fulfilled.
Bangladesh may pursue SAPTA and APTA members to incorporate different provision to ensure smooth supply of essential products and medical supplies in order to meet the future pandemic crisis.
THE WORLD TRADE ORGANIZATION’S 2012 TUNA-DOLPHIN DECISION – THE BATTLE BETWEE...Summer Smith
What Effect Does This Decision Have on U.S. Environmental Protection Measures? Is It Possible to Strike A Balance Between Free Trade and Environmental Protection?
Unit Learning ObjectivesAfter reading this unit, you will· .docxdickonsondorris
Unit Learning Objectives
After reading this unit, you will:
· Explain how international environment law evolved, identifysome of its major principles and concepts, and understandthe contexts in which they apply
· Identify some of the main instruments (treaties/conventions, declarations, resolutions) that inform the substantive content of international environment law, and discuss critically some of the challenges to the making and implementation of international environment law.
· Identify some of the rules and regulations created to address climate change and conserve biological diversity, and understand some of the main challenges to their effective implementation.
Unit Plan and Summary
This unit discusses the role of international law in the governance of the global environment and sustainable development. We begin with an examination of the evolution of international environment law, highlighting the major UN sponsored initiatives that have given impetus to the elaboration of new principles, concepts and agreements, especially the notion of 'sustainable development'. We then proceed to discuss two examples of international environment treaties (climate change and biological diversity) that attempt to translate notions of sustainable development into binding rules and regulations embodying some of the key principles of global environmental governance that have emerged over the past 40 years.
Outline
1. The Evolution of International Environment Law
2. Making and Implementing International Environment Law
3. Climate Change
4. Biological Diversity
Readings
· Fuentes, Ximena. “International Law-Making in the Field of Sustainable Development: The Unequal Competition Between Development and the Environment.” International Environmental Agreements 2, no. 2 (2002): 109–133. doi:http://dx.doi.org/10.1023/A:1020990026398.
Readings for Briefs
· Hiskes, Richard P. “The Right to a Green Future: Human Rights, Environmentalism, and Intergenerational Justice.” Human Rights Quarterly 27, no. 4 (2005): 1346–1364.
· Risse, Mathias. “The Right to Relocation: Disappearing Island Nations and Common Ownership of the Earth.” Ethics & International Affairs 23, no. 3 (2009). doi:http://dx.doi.org/10.1111/j.1747-7093.2009.00218.x.
· McIntyre, Owen, and Mosedale, Thomas. “The Precautionary Principle as a Norm of Customary International Law.” Journal of Environmental Law 9, no. 2 (1997): 221–241. doi:http://dx.doi.org/10.1093/jel/9.2.221.
Key Concepts
· Precautionary Principle
· Polluter Pays Principle
· Common Heritage Principle (Res Communis)
· Common but Differentiated Responsibilities
· Framework-Protocol Approach
· State Responsibility (Good Neighbourliness)
· Transboundary Environmental harm
· Stockholm Declaration
· Rio Declaration
· Climate Change Mitigation & Adaptation
· Sustainable Development
· Access & Allocation
· Public Goods, Private Goods and Merit Goods
· Environmental Refugees
· Carbon offsets & Certified Emissions Reductions (CERs)
· Carbon Sin ...
Grafting the Old and New World: Towards a Universal Trademark Register that ...Danny Friedmann
Territoriality is one of the important principles of trademark law; however, the principle of territoriality is problematic and leads to many conflicts in the era of globalized trade and e-commerce. The European Union (EU) and Switzerland have a doctrine of maximalist protection of Indications of Geographical Origin (IGOs) via public orchestrated registers that defy the territoriality principle. The EU and Switzerland face concomitant problems to promote rural development and authentic quality products based on their terroir. In contrast, the US and other New World countries are harnessing their existing trademark systems to protect IGOs and further innovation. US and other New World countries are also letting products with generic geographical names compete in their home and international markets.
Specificity, protecting a sign only for designated goods or services, is another important principle of trademark law that can be and has been criticized. Without specificity, non-competitors would not be allowed to erode or tarnish the distinctiveness of a sign, no matter whether it is a trademark or IGO.
The Geographical Indications (GI) provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) are the legal result of a political compromise between Old and New World countries. Where the two camps did not succeed multilaterally, they each have pursued their policy aspirations within their national jurisdiction and internationally via Free Trade Agreements (FTAs) and specialized bilateral IGO agreements. In 2019, the People’s Republic of China (PRC), one of the most important growth markets for IGOs, signed a specific IGO agreement with the EU, and in 2020 an FTA with the US which includes preferential IGO-related provisions. These recent normative developments suggest that the PRC’s IGO obligations are being rearranged. Combining the best of both systems, could create vital hybrids that could lead the way to new IGO standards for a future multilateral IGO agreement.
Christina C. Benson and Bashar Malkawi, Iraq back on track the case for exped...Bashar H. Malkawi
This paper advocates that the World Trade Organization
(“WTO”) should revise the accession process for countries
classified by the World Bank as “Fragile and Conflict Affected”
(“FCA”), in order to expedite the accession timeline and allow
more expansive concessions, transition times, and technical
assistance, similar to the terms of accession currently applied to
Least Developed Countries (“LDCs”). Specifically, WTO
should permit FCA countries recovering from crisis, genocide,
natural disaster, or other severe unrest, to take advantage of the
more flexible “special and differential treatment” accession
provisions typically accorded to LDCs in the existing WTO
system, while also providing enhanced “trade-related technical
assistance” (TRTA) programming to such FCA countries to
speed their accession process. This paper describes the WTO
accession challenges faced by Iraq as a case study in why
expediting WTO membership of FCAs is a critically important
way to help such countries attract new investment and encourage economic growth and diversification of economies that tend to rely heavily in single commodities such as oil.
Arab Law Quarterly is the leading English language scholarly publication on matters relating to the law of Arab states. It is indispensable not only for Arab law scholars, but also for those working in the fields of Middle Eastern
Bashayer Almajed and Bashar Malkawi, Damages for patent infringement the Chi...Bashar H. Malkawi
The Chinese patent law was enacted in 1985 and amended in 1992, 2000 and 2008. Importantly, on 17 October 2020,
new amendments were enacted,due to take effect on June 1, 2021. Compensation for patent infringement is one of the key areas of focus.
Bashar H. Malkawi, Global response to covid19 a comparative law and economi...Bashar H. Malkawi
The project involves a collaboration between over 150 law and economics scholars from over 60 jurisdictions across the world to help shed light on the procedural, substantive and distributive dimensions of the regulatory responses to the pandemic, as they begin to affect the post-COVID19 world. The project maps diverse levels of participation of constituencies in decision making, forms of exercising power and surveillance and distributions of relief measures across different social groups and industrial sectors. The project is supported by International University College of Turin, Institute for New Economic Thinking and Association for Promotion of Political Economy and Law.
Free trade is a core component of the global governance architecture and recent decades have witnessed the legalization of international economic law. Institutions that govern international economic relations today such as the World Trade Organization (WTO) grew out of an understanding that peace cannot flourish in a world with trade barriers
Bashar Malkawi, Master in international trade law promo, University of TurinBashar H. Malkawi
The promotion consists mainly of:
- a reduced fee, for selected candidates that mention the flyer in their admission package
- an emergency-tailored policy on the delivery of the 'face-to-face' phase in case the outbreak of a new sanitary emergency requires online teaching only.
This is an unprecedented year for the Academy of Legal Studies in Business (ALSB) and the world. A worldwide pandemic and powerful protests against racism have upended fundamental norms and values, forcing all of us to ask deep and sometimes uncomfortable questions about ourselves and our future.
The theme of our conference is Managing Disruption. Selection of this as the conference theme has become more relevant than anyone could have imagined. Higher education is facing enormous pressure to adapt to changing circumstances. Legal studies faculty who teach in business schools have an important role to play, and it is my hope that the conference will offer valuable information for attendees from a wide variety of perspectives.
Bashar Malkawi, Melg call for papers governing and living amid covid 19 in th...Bashar H. Malkawi
Call for Papers: Governing and Living Amid COVID-19 in the MENAGovernments throughout the entire world are grappling with the unchartered waters of COVID-19. As elsewhere, responses to the challenge have varied greatly across the MENA with some national leaders taking action early and decisively and others all but denying its existence. COVID-19 is undoubtedly having an impact on politics and on the very nature of authority in the region. The question is what type of impact and where and how will it differ, and why. COVID-19 has furthermore brought important structural inequalities into the spotlight as economic suffering and death tolls reflect class, gender and race differences. How are peoples experiencing COVID-19 and what will be the long-term impact politically, economically, socially, and culturally? COVID-19 has moreover impacted, if not exacerbated, existing crises in the region. How has COVID-19 impacted the revolution in Lebanon or the on-going war in Yemen, for example? How has it affected migration and refugees and what is the long-term impact in terms of policy and refugees themselves? These are just some of the questions this special issue seeks to address. This special issue will take a broad look at how the MENA – the state, governments, and societies of the region -- are governing and/or living amid COVID-19. It encourages papers from a wide range of disciplines and methodological approaches in the social sciences and humanities.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Environmental Provisions in USMCA: Progression or Regression?
1. Environmental provisions in
USMCA: regression or
progression?
( https://borderlex.eu/2020/06/29/environmental-provisions-in-usmca-regression-or-progression/2020-
06-29-fishing/ )
USMCA contains provisions to protect fish stocks and tackle marine litter – but it says nothing about
climate change.The flagship USMCA trade agreement between the United States, Canada and Mexico is
coming into force on 1 July 2020 How does this agreement deal with environmental issues? Bashar
Malkawi and Shakeel Kazmi walk us to the key provisions in USMCA on environment – contrasting them
with other trade agreements, including the European Union’s.
Protecting the environment is not an extravagance. Rising environmental issues
( https://www.kpbs.org/news/2020/may/01/us-officials-confirm-massive-cross-border-spills/ ) leave
countries vulnerable to diseases and disasters. Countries should always take steps to address sustainable
development and the environment. The environmental provisions in international trade agreements –
such as the European Union EU- South Korea Free Trade Agreement ( https://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:22011A0514(01)&from=IT ), Comprehensive and Progressive Trans-
Pacific Partnership Agreement ( https://www.mfat.govt.nz/assets/Trans-Pacific-
Partnership/Text/20.-Environment-Chapter.pdf ), and the United States-Mexico-Canada Agreement
USMCA – play important roles in this arena.
The USMCA is a revision and replacement for the 25-year-old North American Free Trade Agreement
known as NAFTA, a regional trade agreement that has generated over billions worth of goods and services
trade ( https://ustr.gov/about-us/policy-offices/press-office/fact-sheets/archives/2004/july/nafta-decade-
Page 1 of 6Environmental provisions in USMCA: regression or progression? - Borderlex
6/29/2020https://borderlex.eu/2020/06/29/environmental-provisions-in-usmca-regression-or-progress...
2. success ) among the three participating nations. The new trilateral agreement assures that duty-free and
quota-free trade within North America will continue for at least 16 years.
The USMCA mostly follows NAFTA with addition of new laws on intellectual property protection, the
internet, investment, state-owned enterprises and currency. Noteworthy changes in key areas include
incentives to make vehicles in North America and open Canadian markets for American dairy farmers
( https://www.bnnbloomberg.ca/new-nafta-leaves-winners-and-losers-across-north-america-1.1361531 ).
In addition, provisions are added to identify and prevent labour violations, particularly in Mexico. These
new provisions require more protections for workers, and blocking imports of goods made with forced
labour. The revised free trade agreement sets up an independent panel that can investigate factories
accused of violating labour rights and stop shipments of that factory’s goods at the border.
The USMCA also recognises a broad range of environmental topics for trilateral cooperation and
introduced a separate chapter on environmental protection.
Environmental protection
When NAFTA came into effect in 1994, it was the first free trade agreement to link the environment with
trade. After a series of negotiations, a parallel agreement on environmental cooperation, known as the
North American Agreement on Environmental Cooperation ( https://www.epa.gov/international-
cooperation/epas-role-north-american-commission-environmental-cooperation-cec )was signed by all
parties to address the concerns of the environmental community.
The USMCA makes significant changes and additions to further strengthen and modernise environmental
provisions by integrating an environmental chapter, which includes core obligations for parties to
maintain high levels of environmental protection and robust environmental governance, including
commitments to enforce environmental laws and to promote transparency, accountability and public
participation.
The Environmental Cooperation Agreement – a parallel agreement signed by US, Canada, and Mexico –
requires the retention of the Commission for Environmental Cooperation and its Montreal based
Secretariat established under NAAEC.
Chapter 24 in the USMCA contains the environmental protection provisions.
The USMCA, in art. 24.3, recognises that each party has “the sovereign right” to establish its “own levels of
domestic environmental
protection” ( https://ustr.gov/sites/default/files/IssueAreas/Environment/USMCA_Environment_Chapter_24.pdf )
and “the right to modify this as it sees fit”. The purpose of the USMCA is not to harmonise the environment
standards among the parties.
The USMCA – similar to article 13.3 of the EU-South Korea FTA ( https://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:22011A0514(01)&from=IT ), calls on the parties to “strive to ensure” that
its laws provide for “high levels of environmental protection.” This language is somewhat general and soft.
Page 2 of 6Environmental provisions in USMCA: regression or progression? - Borderlex
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3. Fish subsidy, whaling disciplines but no reference to climate change
The environmental provisions of the USMCA are strengthened in several respects with the inclusion, in
art.24.8, of a list of seven multilateral environmental agreements
( https://ustr.gov/sites/default/files/IssueAreas/Environment/USMCA_Environment_Chapter_24.pdf ) such
as the Montreal Protocol, the Convention on International Trade in Endangered Species of Wild Fauna and
Flora also known as CITES, and the UN Law of the Sea.
In the event of a conflict between the USMCA provisions and an MEA the latter will prevail. The Parties are
also required to implement their obligations under these seven MEAs, and a provision enables adding
additional MEAs in the future.
However, in contrast with the EU policy ( https://www.climatechangenews.com/2018/02/02/eu-difficult-
imagine-trade-deals-countries-not-paris-agreement/ ) of conditioning signing FTAs with other countries
on membership of the Paris climate agreement, the USMCA fails to include any reference to the United
Nations Framework Convention on Climate Change and the Paris Agreement ( https://unfccc.int/process-
and-meetings/the-paris-agreement/the-paris-agreement ).
The USMCA addresses pollution and conservation issues but there is no carbon emissions clause to
address the climate crises. Only carbon storage is mentioned in the sustainable forest management section
and clean technology in a non-binding section on environmental good.
This is in contrast with other specific provisions, such as art. 13.6, included in the recent EU-Mercosur
trade pact ( https://ec.europa.eu/trade/policy/in-focus/eu-mercosur-association-agreement/ ) promoting
“domestic and international carbon markets” and “energy efficiency, low-emission technology and
renewable energy”.
Similar to EU FTAs ( https://ecdpm.org/wp-content/uploads/2013/11/IB-6J-Comparing-EU-Free-Trade-
Agreements-Fisheries-2006.pdf ), the USMCA, in art. 24.20, includes extensive disciplines on fishery
subsidies
( https://ustr.gov/sites/default/files/IssueAreas/Environment/USMCA_Environment_Chapter_24.pdf ).
The USMCA includes vessel operators in the scope of the prohibition on fisheries subsidies and commits all
parties to work towards addressing those subsidies in the WTO, which is particularly significant given that
WTO Members ( https://www.wto.org/english/tratop_e/rulesneg_e/fish_e/fish_e.htm ) have been working
for eighteen years on an agreement on fishing subsidies and illegal fishing.
The USMCA also includes commitments to adopt restrictions on whaling, consistent with existing
international conventions and in a manner recognizing the special importance of whaling in indigenous
communities.
The USMCA provides for new obligations regarding combating marine litter. The agreement requires, in
art. 24.12, the parties to take action prevent and reduce marine litter
( https://ustr.gov/sites/default/files/IssueAreas/Environment/USMCA_Environment_Chapter_24.pdf ).
Marine plastic litter enters marine life through a variety of land and sea-based actions. Examples of such
marine plastic litter include water bottles, plastic bags, and fishing gears.
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4. Process and production methods
The USMCA addresses, in art. 24.17.2, the distinction between standards regulating a final product and
standards regulating the process of production of that product
( https://ustr.gov/sites/default/files/IssueAreas/Environment/USMCA_Environment_Chapter_24.pdf ).
The standards regulating the process of production of a product are known as process and production
methods. Such PPMs specify criteria for how a product is manufactured, harvested, or taken. Terms such
as “made with”, “produced by”, and “harvested by” signify a PPMs standard.
All PPM standards apply to the production stage, for example before a product is placed on the market for
sale. These standards specify criteria for how a product is produced or processed. However, the PPM
standard may address the environmental effects of a product all during its life-cycle, for example effects
which may emerge when the product is produced, transported, consumed or used, and disposed of.
Environmental impact assessments
The USMCA introduces, in art. 24.7, a requirement to conduct environmental impact assessments
( https://ustr.gov/sites/default/files/IssueAreas/Environment/USMCA_Environment_Chapter_24.pdf ) for
central government projects that may have an effect on the environment. Parties are required to undertake
environmental impact assessments of proposed projects that may cause significant effects.
Although this language appears to be a new addition to trade agreements, excising laws in many countries
already require environmental impact assessments for new projects. Moreover, several countries such as
the EU adopts impact assessments ( https://ec.europa.eu/trade/policy/policy-making/analysis/policy-
evaluation/sustainability-impact-assessments/ ) in their trade negotiations and trade agreements.
Dispute settlement
The EU FTA with Japan
( http://trade.ec.europa.eu/doclib/docs/2018/august/tradoc_157228.pdf#page=440 ), in article 16.17, for
instance does not place the provisions on environment under the jurisdiction of the dispute settlement
mechanism between members. The EU policy is one based on cooperation and dialogue.
In contrast, according to art. 24.32 of the USMCA, parties to the agreement are to bring environmental
disputes
( https://ustr.gov/sites/default/files/IssueAreas/Environment/USMCA_Environment_Chapter_24.pdf ) to
the same dispute settlement system applicable to all USMCA commitments. In the event that the parties
cannot resolve the dispute after a panel ruling, complaining parties can impose proportional trade
measures against the violating party in the same manner authorised for other violations.
Despite subjecting environmental disputes to the same dispute settlement mechanism of other USMCA
violations, such disputes, according to art. 24.4, can be brought only if the lowering of government
standards creates a trade or investment advantage
( https://ustr.gov/sites/default/files/IssueAreas/Environment/USMCA_Environment_Chapter_24.pdf ).
The violation is done in a manner that affects trade. This requirement determines what violation is
actionable or non-actionable.
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5. Only sustained action or inaction that “affects” trade is actionable. Therefore, environmental obligations
are linked to trade in a manner that would otherwise be considered an intrusion into the domestic arena of
the parties.
Moreover, to measure whether parties of the USMCA have failed to “effectively enforce” their
environmental laws, the agreement provides a test. This test requires a “sustained or recurring” course of
action or inaction in a manner affecting trade between the parties. The USMCA does not define the terms
“sustained or recurring.”
Can do better
All three parties to the new North America Trade Agreement acknowledge the importance of the
conservation, protection and enhancement of the environment in their territories.
NAFTA was the first free trade agreement of its type to specifically address the concerns of the
environmental community. However, there has been a significant concern about the extent to which these
environmental provisions have lived up to their potential.
Unfortunately, the USMCA fails to address climate change, the biggest challenge of our time, even if
inclusion of seven multilateral environmental agreements in the USMCA will bring a positive change. The
provisions related to carbon emissions, climate change commitments, and renewable energy
collaborations are crucial as USMCA is expected to serve as the new template for future trade agreements
as did its predecessor NAFTA in the past. We can do better for the environment and sustainability.
( https://borderlex.eu/2020/06/29/environmental-provisions-in-usmca-regression-
or-progression/2020-06-29-bashar-malkawi/ )Bashar Malkawi is Director of
Knowledge Management at the Government of Dubai, Legal Affairs Department. Prof.
Malkawi holds LLM in International Trade Law from University of Arizona and SJD
from American University, Washington College of Law.
( https://borderlex.eu/2020/06/29/environmental-provisions-in-usmca-regression-
or-progression/2020-06-29-shakeel-kazmi-2/ )Shakeel Kazmi is Professor of
Practice in Legal Studies at New York University Abu Dhabi. Prof. Kazmi holds LLM
from American University, Washington College of Law and SJD and LLM in
Environmental Law from Pace University.
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