CD116: Trans-Pacific Partnership (TPP) – Environment Chapter

CD116: Trans-Pacific Partnership (TPP) – Environment Chapter

Jan 24, 2016

In the third and final episode in our Trans-Pacific Partnership series, we take a look at the TPP Environment Chapter; would the treaty actually improve enforcement of environmental laws around the world?

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Trans-Pacific Partnership Text

Hearing Highlighted in this Episode

TPP Issue Analysis – Environment Chapter, House Ways and Means Committee (Democrats), November 17, 2015.

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  • Dr. Joshua Meltzer
    • Senior Fellow in Global Economy and Development, Brookings Institution
    • Digital Task Force Member at the Atlantic Council
      • June 2015 – January 2016 (8 months)
      • Washington D.C. Metro Area
      • “Provided advice on the digital trade issues between the U.S. and the EU”
    • Subject Matter Expert for the E15 Initiative, World Trade Organization
      • “Expert appointment to the E15 working group developing an agenda for the WTO on climate change issues
    • Former trade negotiator with the Australian Department of Foreign Affairs and Trade
    • Former diplomat to the Australian Embassy in Washington D.C., specializing in trade and climate change issues.
  • Alexander von Bismarck
  • Ilana Soloman
    • Responsible Trade Program Director, Sierra Club

Environment Chapter Highlights

  • Article 20.6: Governments “shall cooperate to address matters” related to pollution from ships
    • Article 20.12: “Cooperation” includes “dialogues, workshops, seminars, conferences.. technical assistance, the sharing of best practices on policies and procedures, and the exchange of experts.”
    • Cooperative activities “are subject to the availability of funds” and the participating governments “shall decide, on a case-by-case basis, the funding of cooperative activities.”
  • Article 20.7: Each government “shall” create sanctions for violations of environmental law that “may include” a right to bring action against the violator for damages or injunctive relief.
  • Article 20.10: “Corporate Social Responsibility”: Each government “should encourage” companies to “adopt voluntarily” standards to protect the environment.
    • The voluntary standards “should be designed in a manner that maximises their environmental benefits and avoids the creation of unnecessary barriers to trade.”
  • Article 20.13: Each government “shall promote and encourage the conservation and sustainable use of biological diversity”
    • The governments “shall cooperate” to address “matters of mutual interest”; ‘cooperation’ means “exchanging information”.
  • Article 20.15: “Transition to a Low Emissions and Resilient Economy”
    • Says the governments recognize that the transition requires collective action
    • Governments “shall cooperate to address matters of joint or common interest”
  • Article 20.16: Each government “shall seek to operate a fisheries management system that regulates marine wild capture fishing and that is designed to prevent overfishing and overcapacity…”
    • Each government “shall promote the long-term conservation of sharks, marine turtles, seabirds, and marine mammals, through the implementation and effective enforcement of conservation and management measures.”
    • “No Party shall grant or maintain any of the following subsidies…” that negatively affect fish stocks.
      • Gives the governments three years to change their laws to comply.
  • Article 20.17: The governments “commit to promote conservation and to combat the illegal take of, and illegal trade in, wild fauna and flora.
    • The parties “shall exchange information”, “undertake joint activities” and “endeavor to implement… resolutions.”
    • Such measures “shall include sanctions, penalties… that can act as a deterrent to such trade.”
    • “Each Party retains the right to make decisions regarding the allocation of administrative, investigatory, and enforcement resources.”
  • Article 20.23: Environmental issues are eligible for the Investor State Dispute Settlement tribunals

Additional Reading

Music Presented in This Episode

Cover Art

Design by Only Child Imaginations


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