A Critical Analysis of Environmental Provisions in The Preferential Trade Agreements (Ptas) in The Asia-Pacific

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A Critical Analysis of Environmental

Provisions in the Preferential Trade


Agreements (PTAs) in the Asia-
Pacific

I-Ju Chen

24th February 2017


Contents
I. PTAs and the Asia-Pacific
II. Analysis of Environmental Provisions
III. Assessment of TPP
IV. Challenges and Opportunities
I. PTAs and the Asia-Pacific

• Western and Asian countries


I. PTAs and the Asia-Pacific

•Developed and
Developing countries
II. Analysis of Environmental Provisions
❖26 PTAs
❖Forms
∙ in PTAs
∙ in a side environmental agreement
❖Three categories are identified:
∙ Substance
∙ Institutional mechanisms
∙ Enforcement
26 PTAs that incorporate environmental provisions:
AUSFTA: Australia and the US Free Trade Agreement (2005)
ACFTA: Australia and Chile Free Trade Agreement (2008)
BJEPA: Brunei and Japan Economic Promotion Agreement (2007)
CCFTA: Canada and Chile Free Trade Agreement (1997)
CMFTA 1999: Chile and Mexico Free Trade Agreement (1999)
CCnFTA 2005: Chile and China Free Trade Agreement (2005)
CPFTA 2008: Canada and Peru Free Trade Agreement (2008)
CnPFTA 2009: China and Peru Free Trade Agreement (2009)
CAFTA 2015: China and Australia Free Trade Agreement (2015)
CKFTA 2015: Canada and Korea Free Trade Agreement (2015)
JMEPA 2005: Japan and Malaysia Economic Promotion Agreement (2005)
JAEPA 2014: Japan and Australia Economic Promotion Agreement (2014)
 KCFTA 2003: Korea and Chile Free Trade Agreement (2003)
 KSFTA 2005: Korea and Singapore Free Trade Agreement (2005)
 KORUS 2012: Korea and US Free Trade Agreement (2012)
 KAFTA 2014: Korea and Australia Free Trade Agreement (2014)
 MAFTA 2013: Malaysia and Australia Free Trade Agreement (2013)
 NAFTA 1994: The North American Free Trade Agreement (1994)
 SAFTA 2003: Singapore and Australia Free Trade Agreement (2003)
 SEP 2005: Trans-Pacific Strategic Economic Partnership Agreement between Brunei, Chile, New Zealand
and Singapore (2005)
 SCFTA 2008: Singapore and China Free Trade Agreement (2008)
 TAFTA 2005: Thailand and Australia Free Trade Agreement (2005)
 USSFTA 2003: US and Singapore Free Trade Agreement (2003)
 UPTPA 2006: US and Peru Trade Promotion Agreement (2006)
 UCFTA 2004: US and Chile Free Trade Agreement (2004)
 VCFTA 2014: Vietnam and Chile Free Trade Agreement (2014)
II. Analysis of Substance
❖Findings
Reflected in trade and investment;
Avoid green protectionism;
Higher Protection after 2013 (Exception:
Australia’s FTAs with Chia, Japan and Malaysia);
Broader protection in PTAs of Western countries

❖Comments:
Effectiveness of the PTAs
II. Analysis of Institutional Mechanisms
❖Findings:
Environmental institutions and assessments;
Canada’s Foreign Investment Protection and
Promotion Agreements: request of
environmental assessments

❖Comments: Operation of institutional


mechanisms
II. Analysis of Enforcement
❖Findings:
Types: investigatory, prosecutorial, regulatory
and compliance;
Access to Remedies and Procedural
Requirements;
Dispute Settlement Mechanisms

❖Comments: Available but seldom be used; the


absence in the Asian PTAs
III. Assessment of TPP
❖Summary of the analysis of existing PTAs
❖Greener? Yes.
Factors: Broad Scope: Fishing, marine
conservation and pollution, logging, ozone.
Removing tariffs on numerous environmental
goods; enforcement: monetary fines and trade
sanctions
❖Criticisms of TPP
IV. Challenges and Opportunities
❖Provisions of specific environmental
matters
❖Gap of environmental standards
❖Regional environmental governance by
a RTA: TPP or RCEP?

Image: David Kleimann


Thank you. 
Email: [email protected]
Twitter:@Iju_Chen

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