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The mushrooming of trade agreements and their interlinkages with environmental governance calls for new research on the trade and environment interface. The more than 700 existing preferential trade agreements (PTAs) include ever more diverse and far-reaching environmental provisions. While missed opportunities remain and harmful provisions persist, numerous environmental provisions in PTAs entail promising potential. They promote the implementation of environmental treaties and cover numerous environmental issues. New concepts, data, and methods, including detailed content analysis across multiple institutions, are needed to explain these interlinkages and understand whether and how PTAs with environmental provisions can contribute to tackling global environmental challenges. Making use of the most extensive coding of environmental provisions in PTAs to date and combining quantitative data with qualitative analyses, this Element provides a comprehensive yet fine-grained picture of the drivers and effects of environmental provisions in PTAs. This title is also available as Open Access on Cambridge Core.
Im 20. Jahrhundert wurden einige der aufkommenden Umweltvereinbarungen so gestaltet, dass sie starke wirtschaftliche Anreize bieten. Gleichzeitig fanden Umweltverpflichtungen ihren Weg in Handelsabkommen. Daraus ergaben sich Konflikte zwischen handelsbeschrankenden Umweltmassnahmen und GATT / WTO-Normen zum Schutz des freien Marktes. Zudem loste die aufkommende Umweltkrise eine Debatte uber die Einbeziehung von Umweltwerten auf der WTO-Ebene aus. Die Themen waren jahrzehntelang Gegenstand von Diskussionen im GATT / WTO. Unterdessen haben regionale Handelsvereinbarungen eine Plattform fur die Vereinbarung von Umweltverpflichtungen mit dem Freihandel vorbereitet. Diese Vereinbarungen werden als Rechtsinstrumente auf ihre Eignung gepruft, konkurrierende Handels- und Umweltwerte in Einklang zu bringen.
How the environmental provisions in US preferential trade agreements affect both the environmental policies of trading partners and the effectiveness of multilateral environmental agreements. As trade negotiations within the World Trade Organization seem permanently stalled, countries turn increasingly to preferential trade agreements (PTAs) between smaller groups of nations. Many of these PTAs incorporate environmental provisions, some of which require trading partners to enact new domestic environmental laws, and use the enforcement mechanisms available within trade agreements as tools for environmental protection. In Greening through Trade, Sikina Jinnah and Jean-Frédéric Morin provide the first detailed examination of how the environmental provisions in US preferential trade agreements affect both the environmental policies of trading partners and the effectiveness of multilateral environmental agreements. They do so through a combination of in-depth qualitative case studies and quantitative analysis of an original dataset of 688 global PTAs. Jinnah and Morin explore the effects of linkages between PTAs and environmental treaties and the diffusion of environmental norms and policy through PTAs. Centrally, they argue that US trade agreements can serve as mechanisms both to export environmental policies to trading partner nations and third-party countries and to enhance the effectiveness of multilateral environmental agreements by strengthening their enforcement capacity. They caution that PTAs are not a panacea for environmental governance; deeper problems of unsustainable consumption and differential power dynamics between trading partners must be carefully navigated in deploying trade agreements for environmental protection.
Given the shortcomings of the Paris Agreement, Anja Zenker examines the potential of free trade benefits as an incentive mechanism for an effective and stable climate change cooperation of states. She addresses the question of how the specific policy design affects the success of the agreement, market and trade outcomes, as well as the compatibility with multilateral WTO obligations.
In this publication, a number of recognized practitioners and scholars undertake to explore the realities and the conceptual underpinnings of environmental compliance mechanisms. In a relatively short period of time, such mechanisms were introduced in a wide range of new and existing environmental regimes. Yet, little is known about their function in practice and their implications. This is puzzling when considering, that the new mechanisms considerably depart from traditional patterns of counteraction and dispute settlement. Instead they build on partnership and cooperation and include a wide range of possible reactions, which range from those having coercive power to supportive measures. Quite a number of those mechanisms and their functioning are explained in the publication in order to lay ground for some cross-cutting analysis, which covers inter alia reporting, inspection and monitoring, supportive financial incentives and the interrelationship between compliance mechanisms and the principle of state responsibility and dispute settlement. Finally the role of non-governmental organizations is addressed. Practitioners and scholars in international environmental affairs and international law more generally will benefit significantly from the inside views and thorough reflection as provided for in this book.