Balancing Climate Change Commitments in EU Free Trade Agreements

The Centre for International Sustainable Development Law (CISDL) is organizing a roundtable on the relationship between the EU Free Trade Agreements (FTAs) and the obligations of the Paris Agreement. The speakers will share their academic and professional insights regarding climate ambition and sustainable development in the negotiation, interpretation, and implementation of existing EU trade treaties. The proposed analysis of the process of application and negotiation of EU FTAs can contribute to displaying which party bears the greater burden of addressing climate change. To do so, the analysis will focus on post-treaty application through joint decisions and other institutional collaborations.
In particular, through the analysis of decisions that take place at the committee level between the EU and its trade partners, more light can be shed as to whether there is a balance of obligations between the parties. Such an analysis is relevant since it can potentially clarify which of the parties pays the heaviest burden related to climate change and the green transition. In this vein, committee decisions could assist in explaining whether the synergies between the EU and the respective party are balanced or asymmetrical. That is, these committee decisions could elucidate whether there is an unequal amount of burden toward one party, compared to the obligations of the other.
A prevalent defense on such a balanced position has been noted in, more recently, the response of the Mercosur countries in light of the environmental requirements of the EU. According to the South American trade bloc, the final Mercosur-EU agreement must be based on a “cooperative approach”. Additionally, Mercosur has also been vocal that there should be no unilateral sanctions from the EU. Such statements show how the Mercosur bloc is against any type of unbalanced, asymmetrical relationship between it and the EU under the framework of the Association Agreement that is being negotiated.
The CISDL’s experts can share their research on the interrelation between the obligations inserted in the Paris Agreement and the EU FTA practice with other countries, primarily those in the Americas. Attention is being drawn toward committee decisions, where parties can calibrate additional commitments beyond the original text of the FTA. By analyzing such decisions, we explore whether the obligations to reach sustainable development and tackle climate change are balanced between the parties or not. Based on this analysis, recommendations can be given on the burden of change is allocated.
Organizer
The Centre for International Sustainable Development Law (CISDL)
Speakers
Markus Gehring - University of Cambridge/CISDL
Matheus Frederico Paes Garcia - Center for International Sustainable Development Law
Marios Tokas - Centre for International Sustainable Development Law (CISDL)
Ilaria Espa - Swiss Italian University / CISDL
Alessandra Lehmen - Brazilian Bar
Javiera Cáceres - University of Chile