Decrypting sustainability in EU free trade agreements

The dissertation presents the most detailed analysis to date of Trade and Sustainable Development (TSD) chapters in EU Free Trade Agreements (FTAs), conducting a word-by-word analysis of all the TSD chapters to this date in 20 EU FTAs. It focuses on the substantive content and enforceability of these chapters, using the Vienna Convention on the Law of Treaties (VCLT) as a framework.Following the evolving relationship between trade and sustainable development, the dissertation emphasizes the need to better understand TSD provisions' content and enforceability, especially given the European Commission's 2022 Communication announcing a more assertive enforcement approach. Improvements in procedural aspects of the TSD system, which have been the focus of the doctrine so far, prompt questions about what in the substantive content is clear, binding, and enforceable.The analysis covers obligations related to domestic law, multilateral agreements, and specific environmental aspects like biodiversity, forestry, fisheries, and climate change. It introduces "complementary jurisdiction," linking breaches of Multilateral Environmental Agreements (MEAs), such as the Paris Agreement, with breaches of FTAs.It notes mixed levels of enforceability of TSD chapters due to inconsistent and unclear language. The dissertation offers insights into enhancing sustainable development goals in trade agreements, highlighting its potential and providing suggestions to strengthen TSD chapters. Despite common beliefs about their unenforceability, the dissertation shows that several current TSD obligations can be enforced if there is political will. By cataloging each obligation under each FTA, the dissertation serves as a guide for those interested in enforcing TSD chapters.

Dissertation: https://hdl.handle.net/11370/0c0d43c2-4534-4315-bc16-3abddc1769e2