Chapter 20 of the Trans Pacific Partnership deals with Environmental regulation among the 12 member Parties (countries). Generally, there are calls for greater information sharing and publication of programs and activities relating to such environmental assets as the ozone layer. The agreement also encourages nations to enact regulations to preserve a variety of areas, from wild fauna to marine life. Importantly, Article 20.3.6 clearly states that no exceptions to environmental laws are to be made merely to attract or encourage trade with a preferred partner. This will help to ensure that environmental regulations are implemented fairly and equally from country to country.
Of course, the matter of establishing regulations leads to the question of what to do if one is broken. To establish a violation of some of these steps to protection, a Party must show that the failure impacted their trade. For example, Article 20.6.1 calls upon each Party to “take measures to prevent the pollution of the marine environment from ships”. To establish a violation of this clause, another Party must “demonstrate that the [first] Party has failed to take measures to prevent the pollution of the marine environment from ships in a manner affecting trade or investment between the Parties.” So, once a Party demonstrates that another Party’s actions failed to protect the marine environment, and that the failure affected their trade, what penalties are available? Sadly, that question is not sufficiently answered in the current TPP.
If a violation is detected, there is nothing specifying what penalties may be enacted. In Chapter 20, it does state that “sanctions, penalties, or other effective measures” may be taken in order to deter harmful trade, specifically relating to illegal trade in wild fauna and flora. However, even here, no specific actions are spelled out. This is one of the places in which the TPP acts not as a regulation, but as a framework for future coordination between its Parties for enacting specific legislation as the specific situations between each Party requires.
The reasons for this can be many. The TPP, already making great reforms in pharmaceuticals and tariffs, cannot be the tool by which every interaction between its members are measured. Indeed, within Chapter 20, as within other chapters, the TPP relies on outside treaties and agreements, referencing previous deals such as 1993 FAO and 2001 IUU Fishing Plan of Action. This lack of substance in the framework that the current TPP agreement sets up is a stark reminder that this agreement is not meant to stand alone, and is the first step in greater cooperation among its members. That was, after all, one of America’s goals in these negotiations: to set the agenda for future dialogue among Pacific nations, and to secure its place at the table for future talks, which will decide much about the nature of Pacific nations’ interactions with one another, and not simply in trade. In short, while the TPP marks great change in many areas of international relations, it also marks the start of closer cooperation between its members.
You can read more about these and other environmental regulations in Chapter 20 of the TPP.
By: Jonathan Wood