The UN Sustainable Development Goals (SDGs) lay the foundation for the integrated governance of sustainable development, envisaging the optimal balance between the environmental, social and economic aspects of sustainability. However, a vital condition for improving the overall governance of sustainable development, is that these aspects are mainstreamed uniformly into all international agreements related to sustainable development. This article seeks to shed light on the following research question: how core principles and priorities of a universally endorsed act of an international organization with considerable environmental implications – the UN Resolution adopting the SDGs – interact with and influence the scope of a primary implementing means of EU external relations law with strong environmental footprint, the EU bilateral trade agreements with third countries. Drawing methodologically on the examination of a specific EU trade regime that of the EU-Japan Economic Partnership Agreement (EUJEPA), it explores the inextricable interlinkages and coherence between environmental SDGs and core provisions enshrined in EUJEPA. More specifically, it investigates the way in which key environmental SDGs, legally founded on international environmental agreements, are integrated in the regulatory framework of EUJEPA governing the relationship between trade and sustainable development. The article concludes that the trade relations between the EU and Japan, as reflected in legal terms in EUJEPA, contribute to achieving crucial environmental SDGs and fundamental objectives of international environmental agreements. Thus, it highlights the instrumental role of modern EU bilateral trade agreements in promoting, in consistency with the SDGs, environmental protection and sustainable management of biodiversity, forestry and fishery resources.
| Published in | International Journal of Environmental Protection and Policy (Volume 9, Issue 5) |
| DOI | 10.11648/j.ijepp.20210905.11 |
| Page(s) | 91-100 |
| Creative Commons |
This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited. |
| Copyright |
Copyright © The Author(s), 2021. Published by Science Publishing Group |
Sustainable Development, UN Sustainable Development Goals (SDGs), International Environmental Agreements, Trade Agreements, EU-Japan Economic Partnership Agreement
| [1] | UN General Assembly. (2015). Transforming Our World: Τhe 2030 Agenda for Sustainable Development, A/ RES/70/1. |
| [2] | Kailis, A. (2019). Implementing the 2030 Agenda for Sustainable Development in Greece: The pursuance of policy coherence and interlinkage, MEPIELAN Centre E-Bulletin, February 2019, Panteion University of Athens, Greece, available at http://www.mepielan ebulletin.gr/default.aspx?pid=18&CategoryId=4&ArticleId=250&Article=Implementing-the-2030-Agenda-for-Sustainable-Development-in-Greece-The-pursuance-of-policy-coherence-and-interlinkage. |
| [3] | Michel, J. (2016). The Integration of Sustainable Development in a Coherent International Agenda: Elements of the 2030 Agenda. Center for Strategic and International Studies (CSIS). |
| [4] | Davis, M., Hoff, H., Huber-Lee, A., Nilsson, M., & Weitz, N. (2014). Cross-sectoral integration in the Sustainable Development Goals: a nexus approach. Stockholm Environment Institute. |
| [5] | Scott, J. (2004). International Trade and Environmental Governance: Relating Rules (and Standards) in the EU and the WTO, European Journal of International Law, Vol. 15, No. 2, pp. 307–354. |
| [6] | Gallagher, K. P. (2008). Handbook of Trade and Environment. Edward Elgar Publishing, 2008. |
| [7] | Schoenbaum, T J. (1997). International Trade and Protection of the Environment: The Continuing Search for Reconciliation, The American Journal of International Law, Vol. 91, No. 2, pp. 268-313. |
| [8] | Steinberg, R. H (2002). The Greening of Trade Law: International Trade Organizations and Environmental Issues. Rowman & Littlefield Publishers. |
| [9] | Yoo, I. T., Kim, I. (2016). Free trade agreements for the environment? Regional economic integration and environmental cooperation in East Asia, International Environmental Agreements: Politics, Law and Economics, 16 (5), 721–738. |
| [10] | Depending on their strategic orientation and the scope of their regulatory regime, EU trade agreements with third counties can be categorized as follows: i) Free Trade Agreements (FTAs), ii) Economic Partnership Agreements (EPAs), iii) Association Agreements (AAs), and iv) Partnership and Cooperation Agreements (PCAs). More information available at: https://ec.europa.eu/trade/policy/countries-and-regions/negotiations-and-agreements/. |
| [11] | Having exclusive competence in the areas of the customs union and the common commercial policy [Article 207 TFEU, Article 3 (1) (e) TFEU], the EU contributes, through the adoption of autonomous regulatory measures and the conclusion of international trade agreements with third countries, to achieving the core objectives of the common commercial policy enshrined in Article 206 TFEU. In the context of pursuing its common commercial policy, the EU aims at promoting, on the international scene, a modern and advanced trade policy, which can help regulate globalization and foster a standards-based and inclusive multilateral trading regime, under the WTO. |
| [12] | European Commission. (2018a). Individual reports and info sheets on implementation of EU Free Trade Agreements, SWD (2018) 454, 31.10.2018. |
| [13] | Article 21 of the Treaty on European Union (TEU). |
| [14] | Blot, E., Kettunen, M. (2021). Trade policy review: How green is the future of EU trade? Institute for European Environmental Policy, available at https://ieep.eu/news/trade-policy-review-how-green-is-the-future-of-eu-trade. |
| [15] | Berger, Axel; Brandi, Clara; Bruhn, Dominique. (2017). Environmental provisions in trade agreements: promises at the trade and environment interface, Briefing Paper, No. 16/2017, Deutsches Institut für Entwicklungspolitik (DIE), Bonn. |
| [16] | Douma, W. Th. (2017). The Promotion of Sustainable Development through EU Trade Instruments, European Business Law Review, Vol. 28, Issue 2, pp. 197–216. |
| [17] | Council of the European Union. (2012). Directives for the negotiation of a Free Trade Agreement with Japan, 15864/12. |
| [18] | Along with the EU-Japan Economic Partnership Agreement, the EU and Japan signed a Strategic Partnership Agreement on 17 July 2018, which sets out the overall framework of cooperation between the two Parties on wider institutional and political issues, including protecting human rights, safeguarding peace, the rule of law, democracy, and foreign and security policy. |
| [19] | European Commission. (2018c). EU and Japan sign Economic Partnership Agreement, Press Release. |
| [20] | European Commission. (2016). Trade Sustainability Impact Assessment of the Free Trade Agreement between the European Union and Japan (Final Report), European Union. |
| [21] | European Commission. (2018d). EU-Japan Free Trade Agreement: a new EU trade agreement with Japan. European Commission. |
| [22] | European Commission. (2018b). MEMO on the Economic Partnership Agreement: Key elements of the EU-Japan Economic Partnership Agreement, Strasbourg. |
| [23] | Kailis, Α. (2016). The Role of Legal Thematic Interlinkages in the Negotiation of International Environmental Agreements: The Case of the Mediterranean Protocol against Pollution from Land-Based Sources and Activities (1996), Environment & Law, Vol. 3, Nomiki Bibliothiki, pp. 418- 426 (in Greek). |
| [24] | Bodansky, D., Brunnee, J., & Hey, E. (2007). The Oxford Handbook of International Environmental Law, Oxford University Press. |
| [25] | For a comprehensive overview of the interlinkages between the international trade and the main aspects of environmental governance, at EU and global level, see above ref. 5, 6. |
| [26] | European Commission. (2018e). Annex to the Proposal for a Council Decision on the conclusion of the Economic Partnership Agreement between the European Union and Japan, COM (2018) 192. |
| [27] | Raftopoulos, E. (2019). International Negotiation: A Process of Relational Governance for International Common Interest. Cambridge University Press. |
| [28] | Chasek, P. (2001). Earth Negotiations: Analyzing Thirty Years of Environmental Diplomacy. United Nations University Press. |
| [29] | The most prominent of those agreements, include: the UN Convention on the Law of the Sea (1982), the UN Convention on Biological Diversity (1992), the UN Framework Convention on Climate Change (1992), the Paris Agreement (2015), and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989). |
| [30] | Indicative targets are SDG 7.2, which calls for the considerable boost, by 2030, to the sharing of renewable energy in the worldwide energy mix, and SDG 7.a, which promotes, by 2030, international cooperation to ease availability of and access to clean energy technology and research, including energy efficiency, innovative and evolving fossil-fuel technology and renewable energy, along with investment in clean energy infrastructure and technology. |
| [31] | Indicative targets are SDG 13.1, which promotes, in all countries, the reinforced resilience and the capacity to adapt to natural disasters and risks associated with climate, and SDG 13.2, which encourages the mainstreaming of climate change actions and measures in the planning and formulation process of national policies, action plans and strategies. |
| [32] | The conventional regime established by the Convention on Biological Diversity consists of the following implementing Protocols: i) the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) (2010), ii) the Cartagena Protocol on Biosafety (2000), and iii) the Nagoya – Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety (2010). |
| [33] | According to Article 1 of the Convention of Biological Diversity: «The objectives of this Convention, to be pursued in accordance with its relevant provisions, are the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding». |
| [34] | According to Article 1 of the Nagoya Protocol: «The objective of this Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components». |
| [35] | Innes, J. L., Tikina, A. V. (2016). Sustainable Forest Management: From Concept to Practice. Routledge. |
| [36] | Spathelf, P. (2010). Sustainable Forest Management in a Changing World: a European Perspective. Springer. |
| [37] | Another SDG 15 target, which fosters the sustainable forest management to the benefit of sustainable development is SDG 15.4. This target highlights the need for the international to guarantee, by 2030, the conservation of mountain ecosystems, including their biodiversity, with a view to enhancing their capacity to entail benefits of paramount importance for sustainable development. |
| [38] | It should be noted that a number of international environmental agreements tough upon issues related to the conservation and management of living resources, including fisheries. These include, indicatively: the CBD Convention (1992), the Convention on the Conservation of Migratory Species (1979), the CITES Convention (1973), and a number of regional seas conventions. |
| [39] | Indicatively, Article 16.8 (2) (a) refers to the United Nations Convention on the Law of the Sea, the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, (1993), and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, (1995), and the FAO Code of Conduct for Responsible Fisheries (1995). |
| [40] | In particular, Article 16.8 (2) (b) places emphasis on the need for the compliance of the two Parties with relevant resolutions, implementing measures, monitoring schemes and recommendations adopted by international organisations or bodies in which both Parties are members, including regional fisheries management organisations (RFMOs). |
| [41] | Lado, E. P. (2016). The Common Fisheries Policy: The Quest for Sustainability. Wiley Blackwell. |
| [42] | Palma, M. E., Tsamenyi, M., Edeson, W. (2010). Promoting Sustainable Fisheries: The International Legal and Policy Framework to Combat Illegal, Unreported and Unregulated Fishing. Martinus Nijhoff Publishers. |
APA Style
Alexandros Kailis. (2021). The Integration of Environmental Sustainable Development Goals into International Trade Agreements: The Case of the EU-Japan Economic Partnership Agreement. International Journal of Environmental Protection and Policy, 9(5), 91-100. https://doi.org/10.11648/j.ijepp.20210905.11
ACS Style
Alexandros Kailis. The Integration of Environmental Sustainable Development Goals into International Trade Agreements: The Case of the EU-Japan Economic Partnership Agreement. Int. J. Environ. Prot. Policy 2021, 9(5), 91-100. doi: 10.11648/j.ijepp.20210905.11
AMA Style
Alexandros Kailis. The Integration of Environmental Sustainable Development Goals into International Trade Agreements: The Case of the EU-Japan Economic Partnership Agreement. Int J Environ Prot Policy. 2021;9(5):91-100. doi: 10.11648/j.ijepp.20210905.11
Share This Article
Twitter
Linked In
Facebook
Copy
Download@article{10.11648/j.ijepp.20210905.11,
author = {Alexandros Kailis},
title = {The Integration of Environmental Sustainable Development Goals into International Trade Agreements: The Case of the EU-Japan Economic Partnership Agreement},
journal = {International Journal of Environmental Protection and Policy},
volume = {9},
number = {5},
pages = {91-100},
doi = {10.11648/j.ijepp.20210905.11},
url = {https://doi.org/10.11648/j.ijepp.20210905.11},
eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijepp.20210905.11},
abstract = {The UN Sustainable Development Goals (SDGs) lay the foundation for the integrated governance of sustainable development, envisaging the optimal balance between the environmental, social and economic aspects of sustainability. However, a vital condition for improving the overall governance of sustainable development, is that these aspects are mainstreamed uniformly into all international agreements related to sustainable development. This article seeks to shed light on the following research question: how core principles and priorities of a universally endorsed act of an international organization with considerable environmental implications – the UN Resolution adopting the SDGs – interact with and influence the scope of a primary implementing means of EU external relations law with strong environmental footprint, the EU bilateral trade agreements with third countries. Drawing methodologically on the examination of a specific EU trade regime that of the EU-Japan Economic Partnership Agreement (EUJEPA), it explores the inextricable interlinkages and coherence between environmental SDGs and core provisions enshrined in EUJEPA. More specifically, it investigates the way in which key environmental SDGs, legally founded on international environmental agreements, are integrated in the regulatory framework of EUJEPA governing the relationship between trade and sustainable development. The article concludes that the trade relations between the EU and Japan, as reflected in legal terms in EUJEPA, contribute to achieving crucial environmental SDGs and fundamental objectives of international environmental agreements. Thus, it highlights the instrumental role of modern EU bilateral trade agreements in promoting, in consistency with the SDGs, environmental protection and sustainable management of biodiversity, forestry and fishery resources.},
year = {2021}
}
TY - JOUR T1 - The Integration of Environmental Sustainable Development Goals into International Trade Agreements: The Case of the EU-Japan Economic Partnership Agreement AU - Alexandros Kailis Y1 - 2021/09/23 PY - 2021 N1 - https://doi.org/10.11648/j.ijepp.20210905.11 DO - 10.11648/j.ijepp.20210905.11 T2 - International Journal of Environmental Protection and Policy JF - International Journal of Environmental Protection and Policy JO - International Journal of Environmental Protection and Policy SP - 91 EP - 100 PB - Science Publishing Group SN - 2330-7536 UR - https://doi.org/10.11648/j.ijepp.20210905.11 AB - The UN Sustainable Development Goals (SDGs) lay the foundation for the integrated governance of sustainable development, envisaging the optimal balance between the environmental, social and economic aspects of sustainability. However, a vital condition for improving the overall governance of sustainable development, is that these aspects are mainstreamed uniformly into all international agreements related to sustainable development. This article seeks to shed light on the following research question: how core principles and priorities of a universally endorsed act of an international organization with considerable environmental implications – the UN Resolution adopting the SDGs – interact with and influence the scope of a primary implementing means of EU external relations law with strong environmental footprint, the EU bilateral trade agreements with third countries. Drawing methodologically on the examination of a specific EU trade regime that of the EU-Japan Economic Partnership Agreement (EUJEPA), it explores the inextricable interlinkages and coherence between environmental SDGs and core provisions enshrined in EUJEPA. More specifically, it investigates the way in which key environmental SDGs, legally founded on international environmental agreements, are integrated in the regulatory framework of EUJEPA governing the relationship between trade and sustainable development. The article concludes that the trade relations between the EU and Japan, as reflected in legal terms in EUJEPA, contribute to achieving crucial environmental SDGs and fundamental objectives of international environmental agreements. Thus, it highlights the instrumental role of modern EU bilateral trade agreements in promoting, in consistency with the SDGs, environmental protection and sustainable management of biodiversity, forestry and fishery resources. VL - 9 IS - 5 ER -
Email: