On November 16th, in ‘Het Spaanse Hof”, a stylish, originally 16th century, building in the center of The Hague, the ambassador of Italy, H.E. Mr. Giorgio Novello and nine others were invested as Knights of the Dutch chapter of the Ordine dei Cavalieri del Tartuffoe dei Vini di Alba by Willem Hokken, president of the Dutch chapter, and Mateo Ascheri, Gran maestro of the order.
The new knights were accepted into the Dutch chapter because of their love for and efforts to promote Piedmont’s delicacies, such as its great wines and food, especially the white truffles of Alba. Mr. Hokken added that their interest in preserving the region’s traditions and culture was of special importance.
In an introductory speech, Mr. Novello showed his knowledge of and familiarity with the region with insight and wit. The ambassador has more international academic credentials than most university professors, but here, he showed that his knowledge and interests extend far beyond the worlds of diplomacy and academia.
Soprano Sophie Collin
The evening coincided with the 9th Settimana della Cucina Italiana nel mondo, the worldwide week of Italian cuisine, an event that was recognized and honored by the dinner that followed the ceremony. It was enlivened by several Rossini arias, beautifully sung by the soprano Sophie Collin, and expertly accompanied by Aliya Ishakova. Sr. Tomasso Ghidini from ESA (The European Space Agency) added to the evening with an explanation of the development of ‘space foods’, the foods for astronauts. It was a fascinating exposé of the lengths to which the engineers at ESA have to go to develop foods and materials to be used in space, even using the exoskeleton of Stenocara beetles.
By Marie-Claire Cordonier Segger, Micha Schwartzshtein and Matheus Garcia
Trade policies can considerably impact biodiversity, carrying the ability to improve or undermine biodiversity.1 They can also affect state commitment towards National Biodiversity Strategies and Action Plans (NBSAPs) and Nationally Determined Contributions (NDCs). There are ample studies that suggest that unrestricted trade liberalisation under regional and bilateral trade agreements can result in economic advancement which threatens biological diversity and conservation.2-5 Various sustainability impact assessments, environmental assessments and reviews conducted in recent years have considered the normative impacts of trading activities on sustainable development, raising concerns about the adverse effects of increased trade on environmental protection and biodiversity.6 Those assessments have affirmed that without the adoption of adequate measures aimed at mitigating such environmental harm, trade and investment agreements concluded between States can undermine rather than promote sustainable development objectives concerning biodiversity.7
Given the adverse impacts which trade activities can pose on the preservation of biodiversity, strengthening existing trade regulations and promoting compliance with international environmental standards, across both local and global economic forums, is critical. As was noted by Rebecca Grynspa, the Secretary-General of UNCTAD, at the 7th BioTrade Congress in Geneva: “Let us trade, yes, but let us trade in a way that enriches our forests, revitalizes our oceans and purifies our air”.8 Members of the UN have made similar observations in the recently adopted “Pact for the Future”, noting that global trading systems can promote sustainable development by advancing the Sustainable Development Goals (SDGs).9
This delicate balance has also spurred debates as to whether modern climate regimes such as the Paris Agreement operate within a neo-colonialist regulatory paradigm. In this regard, it has been suggested that climate change protection developed under national constitutions, treaties, and transnational jurisprudence has become a means for developed and historically polluting states to undermine prospects of intergenerational justice by metropolising the economy of colonized states.10 Considering the challenges set out above, this article explores the intersections between trade agreements, multilateral environmental agreements (MEAs) and biodiversity and climate change regulations, with a view to identifying potential ways through which biodiversity can be preserved and protected within the realm of international trade.
Evolution of trade agreements to include environmental provisions that protect ecosystems and promote sustainable practices
The inclusion of provisions in trade agreements, which commit parties to protect and preserve biodiversity is a fairly recent development, nascent in its scope, substance and application. Within some trade agreements, States expressly commit to protect biodiversity while others omit to include such commitments altogether, or only insert unenforceable biodiversity commitments which are aspirational at best. For instance, the African Continental Free Trade Area (AfCFTA) lacks strong enforceable commitments on biodiversity.13 Nevertheless, specific biodiversity commitments are gradually becoming more widespread and heterogeneous across different trade agreements globally. Critically, including biodiversity-related provisions in trade agreements serves to reinforce and strengthen compliance with existing environmental commitments under key MEAs. This, in turn, serves to enhance the enforceability of important regulatory standards concerning the protection of biodiversity mandated under international environmental law.
For instance, the EU and its trading partners commit to “cooperating in other fora to promote the conservation and sustainable use of biological diversity”14 – as is the case of Article232.2(d) of the EU-Georgia FTA – as well as “adop[ing] and implement[ing] appropriate effective measures (…) leading to a reduction of illegal trade in wildlife”, in the case of Article13.7.3(d) of the EU-Viet Nam FTA.15 Similarly, the EU-New Zealand (EU-NZ) FTA expressly recognises the pivotal role which trade assumes in the pursuit of the conservation and the sustainable use of biological diversity in Article19.8(1).16 In relation to sustainable practices, the EU-NZ FTA notes that each Party “shall promote trade in products derived from the sustainable use of biological resources”, as per Article19.8(2)(c) with the view to contributing towards the conservation of biodiversity.16 In a similar vein, the Parties to the EU-NZ FTA agree to promote the conservation and sustainable use of CITES-listed species and the inclusion of animal and plant species in the Appendices to CITES.16
How CITES and the Paris Agreement can regulate trade to support biodiversity and mitigate climate change.
To enable us to better understand and assess the relationship between trade regulation, NBSAP and NDC ambitions related to biodiversity, it is imperative that we examine the key MEAs governing the protection of biodiversity.
CITES is an MEA that came into force in 1975 to protect endangered plants and animals from the threats of international trade.17 Signatories under CITES must identify threatened species, establish rules regarding their trade, and impose trade sanctions against violators. One of CITES’ most notable achievements was the ban on the ivory trade in 1989.18 Appendix I of CITES lists species threatened with extinction due to international trade and permits such trade only in exceptional circumstances.17 Appendix-II of CITES lists species that could become endangered through unregulated trade and imposes measures aimed at preventing unsustainable use and protecting ecosystems.17 Finally, Appendix-III of CITES lists species that are subject to domestic regulation by a party and requests the cooperation of other parties to regulate international trade in those species.17 Critically, by regulating the trade of endangered plants and animals, CITES seeks to ensure that international trade is more sustainable, complies with legal standards and is traceable.
In turn, the Paris Agreement under the United Nations Framework Convention on Climate Change (UNFCCC) was adopted in 2015 to transition the world to low-carbon and climate-resilient sustainable development pathways through “mitigation, adaptation, finance, technology transfer and capacity-building”.19 Fundamentally, the Paris Agreement serves to protect biodiversity given that climate change adversely effects biodiversity, and preserving biodiversity is essential to combatting climate change.20 Under the Paris Agreement, parties agree to submit Nationally Determined Contributions (NDCs) where they set their own emission reduction targets and associated policies.21 The implementation of economy-wide absolute emission reduction targets is recommended.19 The NDCs are national climate plans submitted by all countries under the Paris Agreement which can serve to promote sustainable trade and thus protect biodiversity.
Additionally, the Paris Agreement establishes regular reporting requirements for countries on anthropogenic emissions by sources and removals by sinks of greenhouse gases. This can serve to heighten scrutiny of relevant climate-related policies that impact trade. Notably, as established by Article 9 of the Paris Agreement, climate finance is integral to the successful implementation of the Paris Agreement as many developing countries depend on international support for the implementation of their NDC activities.22 Clear links have been established between financing NDC implementation and advancing climate action.23 Moreover, the Paris Agreement also encourages States to propel “economic growth and sustainable development” through ‘innovation’19 which can encompass trade innovations that promote the transition to a greener economy. Additionally, the Paris Agreement further promotes sustainable trade by encouraging States to “build the resilience of socioeconomic and ecological systems, including through economic diversification and sustainable management of natural resources.”19
Although the majority of NDCs do not contain explicit references to trade, many set objectives that carry significant consequences for the undertaking of trade activities.24 For instance, some NDCs establish technical regulations, which set out environmental standards or performance requirements aimed at advancing sustainability. These technical regulations directly affect trade by subjecting imports to compliance with environmental standards.24 Similarly, many members seek to develop green value chains, with a view to reducing the carbon footprint of a particular sector or product.24 Notwithstanding these illustrative examples, the absence of express references to trade within many NDCs indicates that there is still further scope for reform to better integrate and reconcile trading policies with NDC ambitions and global sustainability objectives. This warrants a discussion of some different mechanisms that can be integrated into existing international trade regimes to promote a more sustainable global economy, which better protects biodiversity, which this article will turn to now.
Other instruments have also historically leveraged trade to contribute to sustainability. Under the framework of the Vienna Convention Kigali and Montreal Protocols to the Vienna Convention for the Protection of the Ozone Layer, trade was used to reduce emissions related to hydrochlorofluorocarbons (HCFCs), which are substances that are harmful to the ozone layer. For instance, the Montreal Protocol prohibits Parties from importing and exporting controlled substances from non-Parties. The Kigali Amendment, added in 2016, inserted hydrofluorocarbons (HFCs) to the list of harmful substances and seeks to phase out these substances.
Proposals to strengthen these connections, ensuring that international trade contributes to a more sustainable and resilient global economy
To promote a more sustainable global economy and foster NBSAP and NDC ambition, integrating sustainable development considerations into the negotiation and drafting of trade agreements is integral to ensuring that trade activities protect the biodiversity of recipient States whilst simultaneously bolstering their economic growth. As such, this section examines some leading examples of States embedding different innovations into relevant trade agreements to promote a more sustainable global economy that protects, rather than threatens, biodiversity.
Impact assessments
The first type of innovation consists of impact assessments of trade and investment liberalisation policies and draft treaties.25 There are two main models of impact assessments that have been used to date: sustainability impact assessments and environmental reviews.
The first assessment model has mainly been used by the EU and involves the undertaking of sustainability impact assessments (SIA), both before and during the negotiation of trade and investment agreements, to identify potential economic, social and environmental impacts of the relevant agreement.26-27 For instance, in the EU-Africa Economic Partnership Agreement (EPA) SIA, the consultant recommends “strengthen(ing) awareness and enforcement of CITES rules”,28 so as to better protect biodiversity in the context of trade. Similarly, the EU-Philippines Agreement SIA dedicates an entire section to analysing the impacts of the contemplated trading activities on biodiversity.29
The second assessment model involves the undertaking of environmental reviews (ER) to identify possible adverse effects of certain trading and investment activities on the environment. Conducting environmental reviews can serve as a useful tool for States to readily identify material environmental risks arising from their contemplated trade activities such as the over-exploitation of fisheries and forestry resources,30 or threats posed to biodiversity,31 with a view to adopting mitigating measures aimed at protecting the environment against such risks.32 Some environmental reviews conducted by the United States include biodiversity considerations, such as the ER for the US-Bahrain FTA.33
Consistent with the above examples, States are encouraged to deploy impact assessments and reviews to gear their trade negotiations toward biodiversity preservation. With greater clarity about the potential impacts of trade agreements on biodiversity, trade provisions can be drafted to better channel trade flows towards the preservation of vegetation whilst increasing the level of ambition contained within NDCs and NBSAPs.
This is particularly vital given that there are only a handful of States that conduct impact assessments Indeed, as early as 2003, developing countries have signaled their reluctance to conduct such assessments. Some WTO Members have noted the “constraints facing developing countries” in conducting environmental reviews.34 Notwithstanding this hesitation, developing countries could benefit from such assessments to channel their trade relations towards protecting the environment, particularly where high levels of biodiversity are at stake.
Consultation and Cooperation provisions
An additional procedural innovation evident in some trade and investment treaties is the insertion of consultation provisions, which require States to consult with relevant bodies on the development and implementation of certain trade and investment activities, especially as they relate to matters of environmental concern. For instance, Article 5.12.2 of the EU-Singapore FTA provides that “where a Party has serious concerns regarding a risk to human, animal or plant life or health, affecting commodities to which trade takes place, consultations regarding the situation shall take place as soon as possible. In such case, each Party shall endeavour to provide all necessary information in due time to avoid disruption in trade.” To better protect biodiversity, States should be encouraged to include provisions within their trade agreements that impose an obligation on parties to consult and cooperate on environmental issues concerning biodiversity which are covered under key MEAs (such as CITES). Article 18.11 of the US-Peru Trade Promotion Agreement serves as a prime example in this respect by requiring that parties “recognize the importance of public participation and consultations, as provided by domestic law, on matters concerning the conservation and sustainable use of biological diversity”, as per Article18.11(4).35
Promoting biodiversity in the context of international trade can also be achieved through express cooperation provisions where States are able to collectively address sustainability challenges concerning biodiversity by sharing resources, information and best practices with each other. In a broad sense, the cooperation provisions which States have included within their trade and investment agreements to date have been highly variable, often differing in their form, scope and operational purpose. For instance, forms of cooperation provisions evident in trade and investment agreements include provisions which (1) promote regional cooperation to harmonise national legislation and policies,36 (2) encourage cooperation on conformity assessment procedures,37 (3) incentivise cooperation on specific issues concerning sustainable development,38 (4) require corporation on the exchange of information,39 (5) invite cooperation with civil society40 and (6) strengthen cooperation regarding the implementation of specific commitments under key multilateral instruments.41 In relation to biodiversity specifically, the 2009 EU-ESA Interim EPA provides an illustrative example of an agreement that imposes cooperative obligations on its signatories directed towards ensuring biodiversity. For instance, Article 49 of the 2009 EU-ESA Interim EPA provides that the “scope of cooperation in natural resources and environment will cover natural assets, including water resources, and environment, including biodiversity, as well as enhancing the linkages between trade and environment. It will also cover support for the implementation of international environmental agreements, conventions and treaties.”42
Additionally, cooperation between State Parties can provide a strong foundation for the incorporation of further cooperative measures related to the protection of biodiversity within NDCs and NBSAPs.
Dispute settlement
Further, some trade and investment treaties introduce a procedural innovation: the inclusion of dispute settlement mechanisms. It bears noting, however, that while many trade and investment treaties contain dispute settlement mechanisms, not all commitments concerning sustainable development are legally binding and subject to dispute settlement.43 At best, most trade and investment agreements to date favour methods of engagement and consultation, with legally binding dispute settlement procedures to be used only as a last resort.44 Notwithstanding this general trend, the recent EU-NZ FTA has made an innovative first step in this regard by subjecting the entirety of its Trade and Sustainable Development (TSD) chapter to dispute settlement if obligations are breached.15 Indeed, under the EU-NZ FTA, all TSD commitments are legally binding.15
Nevertheless, while the EU-NZ FTA is indeed promising in this respect, it bears noting that not all TSD commitments under the EU-NZ FTA are “sanctionable”. For instance, while commitments to the Paris Agreement and core labor standards of the International Labour Organization (ILO) are sanctionable, other TSD commitments such as those relating to trade and gender inequality and fishing subsidies are not.15 As such, further scope for procedural reform in this area remains. Furthermore, recourse to dispute settlement in trade and investment agreements is often subject to a high evidentiary bar which may be difficult for States to meet. Indeed, this was a factor that contributed to the US’s loss in the US-Guatemala case which was decided in the context of the CAFTA-DR-FTA.45
Other innovative procedural measures which have been incorporated into trade and investment treaties to date include, inter alia, (1) the appointment of experts to handle disputes with specialised knowledge in areas concerning trade and development,46 (2) the acceptance of amicus curia briefs47 and (3) the adoption of methods to ensure transparency and public participation in trade negotiations, the implementation of sustainable development mechanisms,48 domestic rule-making processes49 and hearings.50
Conclusion
Ultimately, trade regulation and the protection of biodiversity are linked and can be mutually supportive. However, without incorporating sufficient measures aimed at environmental protection into the framework of trade agreements entered into between States, there is a serious risk that continued trade activities will threaten, rather than preserve, biodiversity. This presents a serious risk given that biodiversity is essential to all processes that support life on Earth. Humankind depends on biodiversity for its existence, continuity and survival. To mitigate against this risk, there is scope to encourage more widespread inclusion of innovations into trade agreements to promote more sustainable trade practices, including further ambition in NDCs and NBSAPs.
Notably, further research may be required to assess the efficacy of these innovations in protecting biodiversity over time. Moreover, there is certainly room for further development in relation to the breadth and scope of these innovations. Furthermore, a growing number of MEAs carry significant implications for international trade and seek to promote more sustainable trade practices that protect biodiversity across multiple sectors and industries. However, to enforce compliance with these international environmental commitments and standards, States are encouraged to incorporate international environmental commitments concerning the protection of biodiversity into the design, negotiation and implementation of their trade regimes. Measures such as these will be essential to protecting all forms of life on earth, as we pave our way towards establishing more sustainable trade regimes for the benefit of all humanity.
About the authors:
Micha Schwartzshtein is a lawyer at Clifford Chance, specializing in international arbitration, investment law, and commercial litigation. She has served as a research assistant to notable figures, including the former Chief Justice of Victoria, Marilyn Warren AC KC, and Dr. Gavan Griffith AO KC, contributing to key international law publications. Micha was recently recognized as a ‘Young Scholar’ by the International Law Association and co-founded Australia Very Young Arbitration Practitioners (AUS VYAP) to support emerging professionals in arbitration.
Professor Dr. Marie-Claire Cordonier Segger is a pioneering jurist and scholar of sustainable development law, serving as Chair in Sustainable Development Law and Policy at the University of Cambridge, Senior Director of the Centre for International Sustainable Development Law and Executive Secretary of the UNFCCC COP29 Climate Law and Governance Initiative. She has authored over 26 books, published 160+ papers, and leads major international law collaborations on climate, biodiversity, trade and rights for the Sustainable Development Goals. Prof Cordonier Segger is Fellow of the Royal Society of Canada, President of the Sustainable Development Law Association, Vice-President of the International Law Association of Canada, and Laureate of the Weeramantry International Justice Award and other honours for her contributions to global sustainability and justice.
Adv. Matheus Garcia is a Project Coordinator for the Centre for International Sustainable Development Law (CISDL) and holds a Master’s degree from the Geneva Graduate Institute and a Law degree from the University Centre of Brasilia. With experience in civil and tax law in Brazil, his research explores the intersection of trade and environmental agreements, particularly regarding Nationally Determined Contributions (NDCs). Matheus has contributed to forthcoming publications, including chapters on investment and climate action, articles on the EU’s Sustainability Impact Assessments, and reports evaluating sustainability commitments in EU Free Trade Agreements.
References
Chaudhary A, Brooks TM. National consumption and global trade impacts on biodiversity. World Dev. (2019); 121:178-87.
UN CBD Secretariat. The impact of trade liberalization on agricultural biological diversity. CBD Technical Series No. 16. Montreal; (2006).
Vitousek PM, Aber JD, Howarth RW, Likens GE, Matson PA, Melillo JM, et al. Human appropriation of the products of photosynthesis. BioScience. 1986;36:368. In: Turner BL, Clark WB, Kates RW, Richards JF, et al., editors. The Earth as transformed by human action: global and regional changes in the biosphere over the past 300 years. Cambridge: Cambridge University Press; (1990).
Kjellen B. A new diplomacy for sustainable development: the challenge of global change. New York: Routledge; (2008).
Petersmann EU. Taking human dignity, poverty and empowerment of individuals more seriously. Eur J Int Law. (2002); 13:845-51.
ECORYS. Trade sustainability impact assessment of the Association Agreement to be negotiated between the EU and Central America: Draft final report. Rotterdam; (2009).
Cordonier Segger MC. Crafting trade and investment accords for sustainable development: Athena’s treaties. Oxford: Oxford University Press; (2021).
United Nations. The pact for the future. A/RES/79/1. United Nations Summit for the Future; Action 5.
Stanziola Vieira R, Bauer L. Climate neocolonialism: the carbon metric under the intergenerational justice (2023) Sequência, University of Santa Catarina.
Govaert L. Neocolonialism in disguise? The European Commission’s trade and sustainable development discourse. Eur Foreign Aff Rev. 2024;29(3):331-60.
International Institute for Sustainable Development (IISD). Synergies between biodiversity and climate policy frameworks. Winnipeg: IISD; 2023
European Union. European Union-Georgia Free Trade Agreement (2014).
European Union. European Union-Viet Nam Free Trade Agreement (2020).
European Union. European Union-New Zealand Free Trade Agreement (2023).
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (1973)
Andrew M. Lemieux and Ronald V. Clarke, The International Ban on Ivory Sales and its Effects on Elephant Poaching in Africa, The British Journal of Criminology 49(4) (2009) 451-471.
The Paris Agreement. United Nations Framework Convention on Climate Change. (2015)
Siriwardana M and Nong D, Nationally Determined Contributions (NDCs) to decarbonise the world: A transitional impact evaluation Energy Economics 97(c) (2021).
C. Zimm, N. Nakicenovic, What are the implications of the Paris Agreement for inequality? Climate Policy 20 (4) (2020) 458-467.
Iacobuţă GI, et al. Aligning climate and sustainable development finance through an SDG lens. The role of development assistance in implementing the Paris Agreement. Glob Environ Change. (2022); 74(1).
United Nations Conference on Trade and Development (UNCTAD). Mapping trade-related measures in the Nationally Determined Contributions: A technical note.
Salzman J. Executive Order 13.141 and the environmental review of trade agreements. Am J Int Law. (2001); 95:368
European Commission (EC). Communication from the Commission on impact assessment. COM (2002) 276 final. 2002 Jun 5.
European Commission. Handbook for trade sustainability impact assessment. Brussels (2006).
London School of Economics. Sustainability impact assessment in support of negotiations with partner countries in Eastern and Southern Africa in view of deepening the existing interim economic partnership agreement: Final report (2022).
Development Solutions. Sustainability impact assessment (SIA) in support of Free Trade Agreement (FTA) negotiations between the European Union and the Philippines: Final report (2019).
United States Trade Representative (USTR). Final environmental review of the US-Chile FTA. Washington (2003).
Matus M, Rossi E. Trade and the environment in the FTAA: A Chilean perspective. In: Deere C, Esty D, editors. Greening the Americas: NAFTA’s lessons for hemispheric trade. Boston: MIT Press (2002)
Government of Canada. Canada-Colombia Agreement on the Environment (2011).
United States Trade Representative (USTR). Final environmental review of United States-Bahrain Free Trade Agreement: Final review. Washington (2005).
Committee on Trade and Environment, Report to the 5th Session of the WTO Ministerial Conference in Cancún, World Trade Organization WT/CTE/8 (2003).
United States Trade Representative(USTR). United States-Peru Trade Promotion Agreement (2007)
See, for example Second Draft Protocol Additional to the Abidjan Convention Concerning Land-based Sources and Activities in the Western, Central and Southern African Region—Introduction to the Abidjan Convention and Its Related Protocol, stating that “The Contracting Parties shall cooperate in harmonizing national legislation and policies for the effective discharge of their obligations under this Protocol.”
See, for example, Article 12.3 of Canada-European Union Comprehensive Economic and Trade Agreement (CETA), Protocol on Mutual Acceptance of Conformity Results which provides that “The Parties recognise that differences may exist between their respective standards, technical regulations and conformity assessment procedures. When such differences exist, the recognising Party may seek to satisfy itself that the nominated accreditation body is competent to accredit conformity assessment bodies as competent to assess conformity with the relevant technical regulations of the recognising Party. The recognising Party may satisfy itself based on the following: (a) an arrangement establishing cooperation between the European and Canadian accreditation systems; […]”
See, for example, Australia-United Kingdom FTA, Article 22.2 (where the parties “…recognise that enhanced cooperation to protect and conserve the environment and sustainably manage their natural resources brings benefits that can contribute to sustainable development”).
See, for example, Article 22.19 of the UK-New Zealand FTA where the parties commit “co-operate as appropriate with respect to environmental issues of mutual interest related to multilateral environmental agreements, in particular trade-related issues, including: (a) exchanging information on the implementation of multilateral environmental agreements to which a Party is a party; (b) exchanging information on ongoing negotiations of new multilateral environmental agreements…” See also Article 16.12 of the EU-Japan EPA where the parties recognize “the importance of cooperation on trade-related and investment-related aspects of environmental and labour policies in order to achieve the objectives of this Agreement, the Parties may […] (c) cooperate to facilitate and promote trade and investment in environmental goods and services, in a manner consistent with this Agreement, including through the exchange of information…”
See, for example, Peru-Chile FTA Article 5 which provides that “each Party may invite trade unions and employers’ organizations to participate, as well as non-governmental sectors and other organizations, to identify areas and cooperation activities”. See also Article 11 and 295 of the EU-Central America RTA which provides that “The Parties shall promote meetings of representatives of the European Union’s and of Central America’s civil societies, including the academic community, social and economic partners, and non-governmental organisations” and that “The Parties shall call for regular meetings with these representatives in order to inform them about the implementation of this Agreement and to gather their suggestions in this respect. […]”
See, for example, Article 19.6(5)(a) of the EU-New Zealand FTA which lists “policy dialogue and cooperation regarding implementation of the Paris Agreement” as a form of cooperation under the agreement. See also Article 19.8 of the EU-New Zealand FTA which encourages “cooperation on trade-related aspects of biodiversity policies and measures bilaterally, regionally and in international fora, as appropriate, including in the Convention on Biological Diversity and CITES.”
European Union-Eastern and Southern Africa (EU-ESA) Interim Economic Partnership Agreement (2009).
See, for example, Canada-Israel FTA, Article16.4 which encourages corporate social responsibility through dialogue and cooperation, and yet expressly notes that “a Party shall not have recourse to dispute settlement under this Agreement for any matter arising under this Article”.
See, for example, Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Article 19.15 (providing that “no Party shall have recourse to dispute settlement under Chapter 28 (Dispute Settlement) for a matter arising under this Chapter without first seeking to resolve the matter in accordance with this Article.”)
Guatemala – Issues Relating to the Obligations (U.S. v. Guatemala), Final Report, CAFTA-DR Arb. Panel (2017).
See, for example, EU-New Zealand FTA, Article 26.3(6) (providing that “in disputes concerning the provisions of Chapter 19 (Trade and sustainable development) which relate to the multilateral agreements or instruments referred to in Chapter 19 (Trade and sustainable development), the Parties shall take into account information from the ILO or relevant organisations or bodies established under MEAs in order to promote coherence between the work of the Parties and those relevant organisations or bodies. Where relevant, the Parties shall seek advice from those relevant organisations or bodies, or any other expert or body they deem appropriate”).
See, for example, the US-Chile FTA, Article 10.19(3) which states that the tribunal may accept and consider amicus curiae submissions from non-parties.
See, for example, Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Article 20.5.2 (where “the Parties recognize the importance of public participation and consultation, in accordance with their respective law or policy, in the development and implementation of measures concerning the protection of the ozone layer. Each Party shall make publicly available appropriate information about its programs and activities, including cooperative programs that are related to ozone layer protection”). See also EU-Chile Association Agreement, Article 11.
See, for example, Canada-Colombia Agreement on the Environment, Preamble (where the parties ‘acknowledge the importance of transparency and public participation in the development of environmental laws and policies and with respect to environmental governance.” )
See, for example, United States Trade Representative (USTR). US-Chile FTA, Article 20.2.
The Hague, 4th November 2024 – Diplomat Magazine, in collaboration with Russell Advocaten and supported by Leonardo Royal Hotel, successfully hosted its traditional seminar on Dutch Labour Law Basics for Diplomats: Concluding and Terminating Embassy Employment Contracts, Key Clauses, and Managing Embassy Employee Illness. Held at Leonardo Royal Hotel, the event brought together diplomats, consular agents, and administrative staff from many embassies and consulates for an in-depth look at Dutch employment regulations.
Applying Dutch Law to Embassy Employment Contracts
The seminar tackled a vital question: is it fair to apply Dutch law to international representatives of foreign governments such as diplomats and embassies? In The Hague, a city that hosts more than 100 embassies and consulates, the need to balance local legal requirements with diplomatic immunity is both challenging and essential.
Dutch Labor Law Seminar 2024
Key Topics Addressed
The seminar focused on three major stages of employment contracts:
1. Concluding an Employment Contract
2. During the Employment Contract
3. Termination of the Employment Contract
Each stage was discussed with respect to both Dutch labour law and the unique requirements of embassies.
Before the Employment Contract
Participants learned about different types of employment contracts: fixed-term (with a maximum of three years or three renewals before converting to indefinite) and indefinite-term contracts. The discussion covered standard clauses such as job descriptions, probation periods, minimum wage, and notice periods, as well as special clauses like confidentiality, social media, and non-competition agreements.
Russell Advocaten’s team also stressed the importance of creating a personnel handbook tailored to the specific needs of an embassy. This document, distinct from an employment contract, outlines general regulations, working conditions, and guidelines applicable to all employees, which can serve as a reference point and ensure consistency in internal policies.
Reinier Russell
During the Employment Contract
The seminar provided an overview of employer obligations under Dutch law, particularly regarding employee illness. Diplomatic missions were advised on the necessity of appointing an Arbo doctor to handle absenteeism and reintegration. Attendees expressed great interest in understanding the roles of an Arbo doctor and the rights of embassies to seek a second opinion on an employee’s medical condition.
Employers in the Netherlands are obligated to continue salary payments during an employee’s illness for up to 104 weeks, with specific conditions in place. The seminar underscored the importance of following the company doctor’s advice and seeking expert opinions from the UWV (Dutch Employee Insurance Agency) when needed to prevent extended obligations.
Termination of Employment Contracts
Termination procedures are particularly complex when dealing with Dutch labour law and diplomatic immunity. The Russell Advocaten team highlighted the legal requirements for terminating contracts and the potential challenges embassies may face. Preventative measures, such as regular communication with employees, were recommended to document satisfaction or dissatisfaction, manage attendance, and avoid future conflicts.
Interactive Discussions and Practical Advice
The seminar was highly interactive, with participants asking detailed questions on employment regulations and procedures related to employee illness and sick leave. Russell Advocaten’s Rainier Russell emphasized the importance of a well-defined personnel handbook: “Having a handbook of procedures that outlines general regulations within the embassy, including work schedules and local holidays, is essential to maintain consistency and prevent misunderstandings.” Said Reinier Russell.
Jan Dop, head of Russell Advocaten’s Diplomatic Desk, highlighted the importance of consistent communication and documentation with embassy employees: “It’s crucial to maintain a record of employee attendance, job satisfaction, and performance feedback. Always involve more than one person in internal meetings, and consider having an impartial mediator present in case of conflicts. These preventative steps can save embassies from significant legal challenges.”
A Valuable Resource for Diplomats
With a multicultural workforce and the unique challenges of balancing diplomatic immunity with Dutch regulations, embassies in The Hague benefit greatly from events like this seminar. Diplomat Magazine has organized similar legal seminars for over a decade, establishing itself as a trusted resource for the diplomatic community. Russell Advocaten, a longstanding advisor to many embassies and international organizations, provides expertise on labour, real estate, and diplomatic immunity matters, making their Embassy Desk an invaluable partner.
The seminar concluded with a convivial lunch, allowing all attendees to continue their animated and interesting discussions.
For more information on services offered by Russell Advocaten’s Embassy Desk, visit [www.embassydesk.nl](http://www.embassydesk.nl).
The Hague, The Netherlands, November 13, 2024. Costa Rica’s Deputy Minister of Multilateral Affairs, Alejandro Solano Ortiz, conducted a series of high-level meetings in The Hague, reaffirming Costa Rica’s steadfast support for international justice institutions based in the city and reinforcing bilateral ties with Dutch authorities.
At the International Criminal Court (ICC), Vice Minister Solano met with ICC President Judge Tomoko Akane, expressing Costa Rica’s unwavering support for the Court, its officials, and staff amid pressures aimed at undermining its mandate to combat impunity for serious international crimes and deliver justice to victims. Judge Akane expressed gratitude for Costa Rica’s consistent support. Additionally, Solano held discussions with ICC Prosecutor Karim Khan, reviewing the Office of the Prosecutor’s ongoing work.
Costa Rica’s Minister Counsellor Sofia Cob Briceño, Alejandro Solano Ortiz, Costa Rica’s Deputy Minister of Multilateral Affairs, Philippe Gautier, Secretary of the International Court of Justice and Arnoldo Brenes Castro, Ambassador of Costa Rica to the Netherlands.
During a meeting with Philippe Gautier, Secretary of the International Court of Justice (ICJ), Solano discussed Costa Rica’s dedication to resolving disputes through international law. Gautier acknowledged Costa Rica’s impactful cases at the ICJ, which have contributed to international jurisprudence.
Vice Minister Solano also engaged with Marcin Czepelak, Secretary General of the Permanent Court of Arbitration (PCA), highlighting the PCA’s 125-year legacy and Costa Rica’s historical role as the first country to establish a regional headquarters agreement with the Court. Czepelak noted the high percentage of Spanish-language cases currently handled by the PCA, underscoring the Court’s accessibility to Spanish-speaking litigants.
In discussions with Marcel de Vink, Director General of Political Affairs of the Netherlands, Solano reviewed recent political consultations between Costa Rica and the Netherlands. They agreed on the favorable moment for enhancing bilateral cooperation, with promising opportunities for deeper political dialogue and collaboration.
Costa Rica’s Deputy Minister of Multilateral Affairs, Alejandro Solano Ortiz and Marcin Czepelak, Secretary General of the Permanent Court of Arbitration.
Reflecting on his visit, Vice Minister Solano stated, “This working visit reaffirmed Costa Rica’s strong support for the international legal institutions based in The Hague and underscored the strength of our bilateral relationship with the Netherlands, with substantial potential for future cooperation.”
The Costa Rican delegation included Ambassador Arnoldo Brenes Castro, Minister Counsellor Manuel Morales Ovares, and Minister Counsellor Sofia Cob Briceño.
On 20 November 2024 at 2:00 p.m. (The Hague time), Trial Chamber X of the International Criminal Court will deliver its sentencing decision in the case of The Prosecutor v. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud. A summary of the decision will be publicly read by Trial Chamber representatives and the Office of the Prosecutor.
To reach its decision, the Chamber reviewed written sentencing submissions from the parties and participants and held a hearing on 4 September 2024 to receive final arguments relevant to sentencing.
The judges may impose a prison sentence of up to 30 years or, in cases of extreme gravity and specific individual circumstances, life imprisonment. Additionally, they may order fines or the forfeiture of proceeds, property, or assets derived directly or indirectly from the crime. The ICC cannot impose a death sentence.
The fifth edition of the Wine Extravaganza, hosted by Diplomat Magazine in collaboration with the Leonardo Royal Hotel in The Hague, brought together guests to experience a unique selection of international wines on Monday, October 28, 2024. This annual event, which has become a highlight in the diplomatic and wine communities, served as an important platform to showcase the richness and diversity of wines from across the globe.
Since its inception in 2017, the Wine Extravaganza has established itself as a significant event for commercial and cultural exchange through wine, pausing only for a two-year period due to the COVID-19 pandemic. Over 200 guests attended this year, including diplomats, sommeliers, journalists, gastronomic experts, and special invitees, exploring an extraordinary selection of wines from Argentina, Australia, Bolivia, Brazil, Chile, Ecuador, Greece, the Dominican Republic, and Uruguay—primarily representatives of the New World wine industry.
Thomas Kortleve, Leonardo Royal Hotel’s General Manager.
In her welcoming remarks, Dr. Mayelinne De Lara, Publisher of Diplomat Magazine, emphasized the significance of this event in fostering cultural connections:
“It is truly an honor for us to welcome you to the Diplomats Wine Extravaganza. Today, we are here to celebrate the rich diversity of wine and spirits from ten countries. This event serves as a remarkable platform to show the support of embassies to their wine and spirits industry in the Netherlands.”
H.E. Dr. Greg French, Ambassador of Australia, visiting Australian stand.
To enhance the ambiance, the organizers arranged a live jazz performance that entertained guests throughout the evening, adding a sophisticated touch to the four-hour event. As attendees mingled, they explored an impressive array of wines and paired delicacies, diving into a world of flavors and aromas.
Each ambassador from the participating countries took the opportunity to speak briefly, offering insights into the unique qualities of their nation’s wines. These presentations underscored the cultural significance of wine, bringing to light the stories and traditions behind each bottle.
Dr. Greg French, Australian Ambassador, noted:
“One contribution to global viticulture was Australia’s role as a refuge for grape varieties that were threatened in Europe and other parts of the world in the late nineteenth century. Thanks to our strict quarantine rules, much of Australia remained unaffected by the devastating phylloxera parasite that swept through France and other parts of Europe. This means that Australia is home to some of the oldest continuously producing vines in the world, some over 180 years old, dating back to the 1840s.”
H.E. Mr. Alvaro Gonzalez Otero, Ambassador of Uruguay.
A notable highlight was the participation of the Embassy of Uruguay, which collaborated with Arjan Kiel, owner of La Bodega Vinos, an Amsterdam-based store specializing in Uruguayan and Peruvian wines. La Bodega Vinos showcased a selection from Antigua Bodega Stagnari, featuring wines from the Pedregal line, including Sauvignon Blanc, Chardonnay, Cabernet Sauvignon, Tannat Rosé, Tannat Roble, Tannat Merlot Cabernet Sauvignon, Cuesta de Grava Tannat, and Bella Donna Marselan. Guests enjoyed traditional Uruguayan empanadas, adding an authentic culinary touch to Uruguay’s presentation.
Dayana Perez Fernandez, Chargé d’Affaires of the Dominican Republic.
Dayana Perez Fernandez, the Chargé d’Affaires of the Embassy of the Dominican Republic presented Ron Barceló, a rum brand established in the 1930s under the name Barceló & Co. She noted:
“The brand quickly grew in popularity, becoming one of the largest in the Dominican Republic and is now exported worldwide to more than 20 countries. It’s a light and fragrant rum, with an unmatched flavor, making it especially appealing to consumers. It’s the result of an elaborate process, and you can enjoy it on its own, over ice cubes, or mixed in cocktails. We invite you to stop by our table to try this delicious rum and talk to Mr. Jos Huffmeijer, who is the Ambassador of Ron Barceló in the Netherlands.”
Mr. Jos Huffmeijer, Ambassador of Ron Barceló in the Netherlands with the Dominican Republic delegation.
H.E. Mr. Fernando Simas Magalhães, Ambassador of Brazil, proudly introduced sparkling wines from Rio Grande do Sul, Brazil’s wine heartland:
“I am proud to introduce the sparkling wines from Rio Grande do Sul, a province at the heart of Brazil’s wine production. For instance, this region is home to Altos de Pinto Bandeira, the first Denomination of Origin (D.O.) in the New World exclusively dedicated to sparkling wines. I would also like to express my sincere gratitude to Ms. Claudia Silva Brandenberg from Brazilian Wine House and Ms. Richel Klarenbeek from The New Bunch, whose efforts in bringing Brazilian wines to the Netherlands have been invaluable.”
H.E. Mr. Fernando Simas Magalhães, Ambassador of Brazil.
For some countries, the Wine Extravaganza marked a valuable introduction to the Dutch market, sparking potential opportunities for expansion into Europe. Dr. De Lara shared her pride in the event’s role in advancing global wine culture:
“Diplomats Wine Extravaganza has proven to be an instrumental force in advancing the wine industry of numerous countries. This event helps position participating countries on the international wine scene, promoting their cultural identity and the quality of their products to a global audience.”
H.E. Mr. Andre Teran Parral, Ambassador of Ecuador and H.E. Mr. Philippe Couvreur, Judge ad hoc at ICJ.
The success of the Wine Extravaganza 2024 once again highlighted the powerful role of wine in diplomacy, reinforcing connections across continents.
Cheers to an unforgettable night of taste, tradition, and international friendship—until the next edition!
During the 5th Edition of the Wine Extravaganza, hosted by Diplomat Magazine at the Leonardo Royal Hotel in The Hague, Uruguay was proudly represented by H.E. Mr. Alvaro Gonzalez Otero, Ambassador of Uruguay to the Netherlands. In his address to the over 200 guests attending this year, including diplomats, sommeliers, journalists, gastronomic experts, and special invitees, Ambassador Gonzalez Otero shared the remarkable story of Uruguay’s wine heritage and its bright future.
“Wine arrived in Uruguay during the second half of the 19th century, thanks to immigrant families who brought their knowledge from the Mediterranean,” he recounted. “With the experience of those pioneers as a banner, plus the work of many others who followed them, viticulture gained a foothold in Uruguay and achieved a growth that managed to replace a good part of the foreign production.”
A Rich Legacy and a National Icon: Tannat
The ambassador highlighted Uruguay’s national icon, the Tannat grape, introduced from southwest France in 1870 by Pascual Harriague. Over the years, Tannat has found ideal growing conditions in Uruguay, where “the clay soils, together with the Atlantic breeze, offer exceptional conditions for this variety.” Today, Uruguay proudly stands as the world’s largest producer of Tannat, surpassing even France in production volume.
“Uruguay is today the main producer of Tannat in the world, with production volumes that even exceed those of its place of origin,” Ambassador Gonzalez Otero noted. This flagship variety, with its strong character, has won numerous international awards and positioned Uruguay prominently on the global wine stage.
In addition to Tannat, Uruguay produces other reds such as Merlot, Cabernet Sauvignon, and Pinot Noir, along with whites like Chardonnay and Albariño, which has found “unbeatable conditions for its development” in Uruguay’s terroir.
Whether it is the powerful Tannat or one of the many other grape varieties, Uruguayan wines offer a unique combination of tradition, character, and flavor.”
Commitment to Sustainability and Tourism
Ambassador Gonzalez Otero emphasized Uruguay’s dedication to sustainable wine practices. “Right now, we also have a sustainable program, with the aim of promoting environmentally friendly viticulture,” he stated, underscoring Uruguay’s efforts to protect its land and resources for future generations.
Uruguay’s wine regions span from coast to coast, each offering unique characteristics that contribute to the diversity of its wines. The country’s wineries also welcome tourists, providing visitors with an immersive experience in Uruguayan wine culture. “We warmly invite you to discover them to experience unique moments in the different regions of the country, appreciating flavours, aromas, colours, traditions, legends, culture, landscapes, and, most importantly, the passion of its people,” the ambassador encouraged.
Ambassadors attending the V Diplomats Wine Extravaganza.
A Toast to Uruguayan Wines in the Netherlands
The event also featured Mr. Arjan Kiel, owner of “La Bodega Vinos,” an Amsterdam-based importer of Uruguayan wines. Mr. Arjan Kiel, owner of “La Bodega Vinos,” an Amsterdam-based importer of Uruguayan wines, has played a key role in bringing the unique flavors of Uruguay to the Netherlands. Mr. Kiel’s appreciation for Uruguay’s wines was reflected in his words:
“Uruguay is a country that continues to surprise wine lovers worldwide. With its unique Atlantic climate, rich family history and strong focus on innovation and sustainability, it offers an unparalleled wine experience in South America.
Ambassador Gonzalez Otero concluded by expressing his pride in Uruguay’s wines and the spirit they embody. “Uruguay not only offers exceptional wines, but also fascinating history, social progress and a warm welcome to visitors,” he said. “Discover Uruguay’s hidden treasure and taste the wines that are making the country a rising star in the international wine world.”
Amsterdam, 7-11-2024 – World Waternet and Wetskills Foundation are pleased to announce the signing of a Memorandum of Understanding (MoU) to strengthen the ongoing collaboration on water management, youth empowerment and capacity-building initiatives worldwide.
This partnership leverages each organisation’s strengths to drive impactful solutions, develop young professionals, and enhance local water management capacities. Enhancing water management through collaborative initiatives The partnership will focus on joint projects, innovative research, and capacity-building efforts that address critical water management challenges globally.
World Waternet Global Water Management
Through shared expertise, World Waternet and Wetskills aim to empower local water organisations and nurture the next generation of water professionals. “We are excited to partner with Wetskills Foundation to promote sustainable water management across diverse communities,” said Frank Tibben, CIO of World Waternet. “This collaboration underscores our commitment to building resilient water systems through knowledge sharing and youth empowerment.”
Driving knowledge exchange and capacity building Key activities under this partnership include the organisation of Wetskills water challenges, where young professionals collaborate to solve real-world water issues, as well as training sessions, workshops, and mentorship programs led by experts from World Waternet and Wetskills. By connecting Dutch and international participants, the partnership fosters a crosscultural exchange of ideas and best practices.
World Waternet and Wetskills has a long history of cooperation for more than a decade. “Working with World Waternet presents an invaluable opportunity for Wetskills to organise events together and stimulate innovations and follow-up in certain focus areas worldwide. Also young professional worldwide can brainstorm to come-up with new ideas and concepts for urgent and real-life water challenges. This MoU will boost the cooperation to amplify our impact and reach more young professionals worldwide,” stated Johan Oost, Executive Director of Wetskills Foundation.
World Waternet
“Our joint efforts will empower youth and support innovation in water management, driving progress towards the Sustainable Development Goals.” Commitment to innovation and sustainable impact Together, World Waternet and Wetskills will actively seek opportunities for new projects and align efforts with the United Nations Sustainable Development Goals (SDGs), particularly SDG 6, focused on clean water and sanitation. The partnership will also engage third parties as part of a broader collective to address pressing global water challenges.
The three-year MoU will be a dynamic framework for cooperation, with both organisations meeting biannually to review progress and set new targets. By connecting young professionals form Waternet and World Waternet (The Netherlands) together with local youth and yeppers (Young Expert Programme) abroad, we will work on water related and problematic topics, within countries in the World Waternet programme. Each year, we will build on ideas from Wetskills sessions, implementing at least one as a concrete project. Through these joint efforts, World Waternet and Wetskills Foundation are committed to advancing sustainable water management and fostering global solutions for future generations.
End of the press release note for editors About World Waternet World Waternet was established in 2007 by the municipality of Amsterdam and the water authority Amstel, Gooi, and Vecht. World Waternet supports public water organisations worldwide by sharing knowledge and expertise in water management to improve access to clean, sufficient, and safe water. The organisation collaborates across Europe, Africa, Asia, and South America working on a healthy water-cycle, treated as a global common good, for future generations, in the interest of all.
For more information please contact frank.tibben@waternet.nl About Wetskills Foundation Wetskills Foundation brings together young water professionals from around the world to participate in creative and hands-on water challenges. By connecting participants with industry experts, Wetskills cultivates innovative solutions and strengthens global capacity in water management.
Professor Caroline E. Foster is based at the University of Auckland, New Zealand, and specialises in international law. She was formerly employed with the New Zealand Ministry of Foreign Affairs and Trade.
The impending Global Commodities Forum is a reminder of a core challenge presently confronting the global trade community: how to use international trade policy as a tool for climate and sustainability action? This is what the Agreement on Climate Change, Trade and Sustainability (ACCTS or the Agreement), concluded between Costa Rica, Fiji, Iceland, New Zealand and Switzerland in July 2024, is all about.[1] The ACCTS’ overall aim is to give better effect to the commitment to sustainable development reflected in the preamble to the Agreement establishing the World Trade Organisation (WTO) and help States achieve ambitious outcomes under the Paris Agreement. The Agreement is ahead of the game, reflecting the vital understanding that changing the international trade rules will be a critical pillar in making the Paris Agreement work effectively, alleviating the pollution crisis and making decent progress toward world biodiversity targets.[2]
Special Character of the ACCTS
It is clear that the Agreement is a unique and promising contribution in many ways, although the text of the ACCTS is not yet available for scrutiny at the time of writing. It is an “open plurilateral” agreement and also a dynamic or “living” agreement. The ACCTS is open and plurilateral because only a small self-selected group of countries have come together to negotiate the initial agreement, in order to make progress fast in areas where the parties can see their way clear to achieving trade and sustainability gains, yet it is open to accession by other countries should they be ready to join. It is a dynamic and living agreement in that additional substance in new areas of trade policy can be added into it over time. While the current scope of the Agreement is limited, it provides flexibility to expand its application to other areas in the future. This means that even though the Agreement addresses at present only three selected core areas, it has the potential to embrace both a wider membership and further substantive coverage over time.
These characteristics of the Agreement are a double-edged sword. They mark the Agreement’s significant potential as a trailblazer and yet its dependence for ultimate success in making further necessary gains, in membership especially. Although only Costa Rica, Fiji, Iceland, New Zealand and Switzerland were in a position to join as founding members, the UK, Canada and the EU are possible future parties. Norway may also be a contender, having been among the negotiating parties. In terms of coverage, as it stands the three core areas the ACCTS addresses are: increasing market access for environmental goods and services; reducing fossil fuel subsidies; and developing guidelines for voluntary eco-labelling schemes.
The ACCTS’ Three Core Areas
Market liberalisation in environmental goods and services couples with efforts to promote climate change mitigation and adaptation by making such goods and services more readily available and affordable, as well as incentivising investment in relevant technologies. When the Agreement enters into force, the parties will eliminate tariffs on over 300 recognised environmental goods. An environmental good is a good benefiting the environment. Examples include solar panels, wind and hydraulic turbines, electric vehicles, wool fibre, recycled paper, electric static converters, and wood products.[3] There is a special focus on “land-based” or natural renewable goods, obviously of economic interest to ACCTS parties. The ACCTS will expand concepts of what may count as environmental services beyond previous instruments as well as listing over 100 environmentally related services subsectors.[4] An environmental service is a service benefiting the environment. Examples include waste management and remediation services.
Addressing fossil fuel subsidies is arguably the most essential of the three trade policy areas the ACCTS presently addresses. This sits within the broader global need to reduce inefficiency in the energy sector and to decouple energy security from reliance on carbon technologies. We are told that the Agreement defines “fossil fuel subsidies”, and introduces specific prohibitions on these subsidies along with certain exceptions for fundamental policy goals, including for energy security and disaster resilience.
The third policy area is the ACCTS’ development of principles-based guidelines for voluntary eco-labelling mechanisms and their accompanying institutional mechanisms. Eco-labelling schemes help consumers to recognise environmentally more beneficial products by allowing accredited producers and traders to affix an eco-label to their product. Examples include eco-labels identifying the sustainable origins of fisheries products, or the energy usage of whiteware. Principles-based guidelines will help ensure that such schemes do not apply arbitrary or unfair criteria, and encourage trade in sustainable products.
Comparing the ACCTS With Regional and Bilateral Agreements
The ACCTS thus complements the more gradual, softer-edged processes underway through the commitments under the 2023 Indo Pacific Economic Framework (IPEF)’s Pillar III on a green and fair economy and more generally market-based “green regionalism”.[5] At the same time, because the ACCTS embodies deep new commitments targeted to specific action areas, it also goes beyond the important new range of hard law commitments on environmental issues in the 2018 Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).[6] The CPTPP addressed liberalisation in environmental goods and services, and also a wide range of areas including marine capture fisheries, vessel source pollution, alien invasive species, trade and biodiversity, conservation and trade, and transition to a low emissions and resilient economy, as well as corporate social responsibility.
In the meantime, avant garde bilateral agreements have made important new strides into trade and sustainability. Stand-out instruments include various EU agreements, particularly the EU-New Zealand Free Trade Agreement (EU-NZ FTA),[7] with its environmental goods list, believed to be a first for the EU, though we find a longer list in the NZ-UK Free Trade Agreement (NZ-EU FTA).[8] The Australia-Singapore Green Economy Agreement also merits a mention.[9] Though only provisionally in force, the EU-Canada Comprehensive Economic and Trade Agreement (CETA) also features progressive rules in a range of areas. CETA includes chapters on regulatory cooperation, sustainable development and the environment, considering sustainable development ‘for the welfare of present and future generations’ and asserting that trade should promote sustainable development.[10] CETA seeks facilitation of trade in environmental goods and services, as well as lifecycle management of goods including carbon accounting and recycling.
Comparing the ACCTS with Developments in the WTO
The value of the ACCTS can be understood best when we consider the Agreement in the context of such broader initiatives, as well as developments in the WTO. In the WTO, trade and sustainability developments are still in their infancy. The Trade and Environmental Sustainability Structured Discussions (TESSD) have given birth to four differently composed Working Groups, each with different numbers and combinations of WTO Members.
The Working Groups deal respectively with (a) Environmental Goods and Services, (b) Subsidies, (c) Trade-related Climate Measures, and (d) the Circular Economy. The two TESSD Working Groups overlapping with the ACCTS are the Working Group on Environmental Goods and Services and potentially the Working Group on Subsidies. All four working groups will be important loci for developments on the environment-trade connection. Certainly the launch of the WTO Secretariat’s Trade Policy Tools for Climate Action at UNFCCC COP28 communicates an institutional awareness of the need for concrete action.[11] However it must be recalled that participation in the TESSD Working Groups is voluntary and not all WTO members are choosing to participate.
The Working Group on Environmental Goods and Services has been focusing initially on how to liberalise trade in goods and services that are key for the renewable energy sector, including solar, wind and hydropower. The Working Group on Subsidies deals with one of the most challenging aspects of traditional international trade policy. WTO law disciplines subsidies heavily because they are generally considered inconsistent with maintaining a level playing field for open competition and can give industries in one country a market lead over industries in another country. Yet, as an economic tool, subsidies can be used to promote environmental policies enabling trade to work for the environment.[12] Current disputes over countervailing duties on electric vehicles from China illustrate the tensions.
In parallel, certain subsidies need to be reduced and eliminated in order to protect the environment. As seen in the ACCTS, fossil fuel subsidies are a clear target, and multilateral disciplines are long overdue.[13] The sums involved are substantial. Fossil fuel subsidies were estimated by the OECD and the International Energy Agency (IEA) at a figure of USD 1,481.3 billion in 2022, doubling from 2021.[14] Given the entrenched interests in play at all levels, we can expect slow progress for a little longer on fossil fuel subsidies in the global arena. So far, attempts to address fossil fuel subsidies in the WTO have been dismally disappointing, despite longtime efforts by the WTO Members belonging to what is now the Fossil Fuel Subsidy Reform (FFSR) Initiative. Gaining transparency through increased reporting of energy subsidies will be an important first step. The 2024 WTO Ministerial Statement included an annex on planned work, including working together on roadmaps for fossil fuel subsidy elimination.[15] Some bilateral agreements address fossil fuel subsidy reform, with, for instance, stronger wording in the NZ–UK FTA and weaker language in the EU–NZ FTA. Yet, as we will see in the ACCTS, energy subsidies are a complex matter, with people around the world reliant on government interventions to help deal with energy poverty.
Thus, we can see that the ACCTS is indeed highly distinctive Progress in aligning trade and climate policy globally is still expected to be slow. The EU and New Zealand have led the way towards an inclusive Coalition of Trade Ministers on Climate manifesting a commitment to ensuring that progress is made, joined by Kenya, Ecuador and the United Kingdom. However, generating the necessary momentum on trade and sustainability in the WTO is challenging. Multilateral action will be powerful, but as an open plurilateral the ACCTS is able to achieve more, faster, among its adherents.
Putting the ACCTS into Perspective
The appearance on the scene of instruments such as the ACCTS is no accident. Government strategists’ and certain international relations’ scholarship work converges in seeing considerable promise in smaller, deeper international agreements that can be expanded over time. The ACCTS is a key initiative and it’s highly likely that it will be efficiently implemented, setting a new tone and manifesting the commitment to bring sustainability increasingly and effectively into the trade policy.
Yet globally there remains much work to be done. High quality dedicated statecraft is needed to revolutionise the world economy, and day-to-day living, in ways that will truly address the current, critical sustainability crisis. International trade law is a vital part of the fabric of international law, and only with change in international trade law can 21st century sustainability and climate challenges adequately be confronted.
As to criticism of the ACCTS, critics are not wrong when they point out that, in a carbon-based economy, trade agreements can be expected to increase trade and that increased trade and economic growth are drivers of rising greenhouse gas emissions. Neither are they wrong in highlighting the need to equip developing countries with capacities and technologies for green production, which is not a focus of the ACCTS. Further, the progress that is evident in the ACCTS has occurred because there are certain areas where trade and environmental interests coincide. For instance, the ACCTS was hailed in the New Zealand media as the agreement on wood and wool. When trade and environmental interests are in competition, as they often are, it will not be so easy to secure outcomes. Social pressure and the fuller realisation of what is at stake will play an important part, but the road is uphill and will be steep and hard for governments to climb.
However, as the transition to a global carbon economy goes forward, new areas of complementarity between trade and environmental policy can be expected to emerge. The nurturing of a circular economy is just one example: a model of production and consumption which involves reusing, repairing and recycling existing materials and products as long as possible in order to make better use of the enormous volumes of resources presently funnelled through economies and discarded. Ultimately, change will have to be transformational to turn present realities into new ways of living, and, with the vision and the will, the extent of the contribution that can be made by strategic initiatives within the international trading system is vast.
Conclusion
Governments and citizens are coming to understand the overwhelming need to develop international economic policy in ways that help address environmental and sustainability objectives. As is widely recognised, it will be important to bear in mind the many integrated aspects of sustainability that go beyond the environmental, including labour standards, economic development, and concerns including gender equality and animal welfare.[16] The ACCTS makes a valuable and timely contribution to this important agenda.
About the author:
Professor Caroline E. Foster is based at the University of Auckland, New Zealand, and specialises in international law. She was formerly employed with the New Zealand Ministry of Foreign Affairs and Trade.
[1] Foster, C.E. (2021) ‘The Agreement on Climate Change, Trade and Sustainability’ in P. Delimatsis and L. Reins (eds) Encyclopedia on Trade and Environmental Law 479-482 Edward Elgar: Cheltenham, UK/Northhampton MA USA; see also Foster, C.E. (2025), ‘Trade and Environment’ in V. Vadi and D. Collins (eds), Routledge Handbook on International Economic Law Routledge: forthcoming (open access).
[5] P. L. Hsieh, (2024) ‘Shaping Green Regionalism: New Trade Law Approaches to Environmental Sustainability’ Review of European Community and International Environmental Law’ (33) 172-182. On developments in the APEC context see also Foster, C.E. (2025).
[6] Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) 2018 UNTS 3346.
[7]New Zealand–European Union Free Trade Agreement 2023, available at https://policy.trade.ec.europa.eu/eu-trade-relationships-country-and-region/countries-and-regions/new-zealand/eu-new-zealand-agreement/text-agreement_en, Annex 19.
[9] Australia-Singapore Green Economy Agreement 2022 available at https://www.dfat.gov.au/geo/singapore/singapore-australia-green-economy-agreement#:~:text
[10] EU-Canada Comprehensive Economic and Trade Agreement (CETA) 2014, available at https://www.international.gc.ca/trade-commerce/trade-agreements-accords-commerciaux/agr-acc
[11]WTO Secretariat, Trade Policy Tools for Climate Action (WTO 2023) available at https://www.wto.org/english/res_e/publications_e/publications_e.htm
[12] See R. Ismer et al (2023) ‘Supporting the Transition to Climate-Neutral Production: An Evaluation Under the Agreement on Subsidies and Countervailing Measures’ Journal of International Economic Law (26) 216-232.
[13] See A. Marhold, ‘SCM: Fossil Fuel Subsidies’ in P. Delimatsis and L. Reins (eds) Encyclopedia on Trade and Environmental Law 479-482 Edward Elgar: Cheltenham, UK/Northhampton MA USA, 347-352 at 347.
[14] ‘Cost of Support Measures for Fossil Fuels almost Doubled in 2022 in Response to Soaring Energy Prices’, 1 December 2023, available at https://www.oecd.org/newsroom/cost-of-support-measures-for-fossil-fuels-almost-doubled-in-2022-in-response-to-soaring-energy-prices.htm
[15] Ministerial Statement on Fossil Fuel Subsidies, MC13, Abu Dhabi, WT/MIN(24)/19, 26 February 2024, available at https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/MIN24/19.pdf&Open=True
[16] G. Vidigal and K. Claussen (2024) The Sustainability Revolution in International Trade Agreements Oxford: Oxford University Press. See also Villars Framework for a Sustainable Trading System 2023, available at https://remakingtradeproject.org/villars-framework
From November 5th to 7th, Rwanda’s finest floriculture will be on display at the International Floriculture Trade Fair (IFTF) in the Netherlands, held at stand C5.06 under the esteemed Rwandafresh brand. This year’s participation marks another milestone as Rwanda takes the global stage, showcasing its floral excellence to an international audience. Represented by Bella Flowers and supported by the National Agriculture Export Development Board (NAEB), Rwanda’s delegation aims to captivate the global market, enhance its brand visibility, and attract a broader clientele.
“IFTF 2024 is a fantastic opportunity for Rwanda to establish meaningful connections with buyers worldwide,” says Ms. Janet Basiima, Division Manager of Export Markets Development & Innovation at NAEB. “It’s a chance to elevate our industry on a global scale and highlight the quality of Rwandan flowers.”
Mr. Gedion Demissie, Senior Advisor from Bella Flowers, echoes this sentiment sharing that the IFTF is a strategic platform to build relationships with new clients across Europe and Asia, positioning Rwandan flowers as a distinguished choice globally. “Our goal is to make Rwandan Roses a symbol of excellence in the global flower market.
By embracing eco-friendly practices and empowering our local communities, we are building an export model that not only meets market demand but also enhance Rwanda’s reputation as a sustainable and innovative player in agriculture. The international community can now enjoy premium sustainable-grown Rwandan roses, backed by a dedicated industry that embodies Rwanda’s values of quality, integrity, and environmental stewardship.”
With Rwanda’s presence at IFTF, the nation’s floriculture sector is set to thrive as new market opportunities are explored, increasing flower exports and fueling growth. Rwanda’s participation will strengthen its industry by enhancing production strategies and showcasing the potential of Rwandan flowers to an international audience.
About IFTF
The 2024 International Floriculture Trade Fair (IFTF) is shaping up to be the biggest yet, spotlighting 151 premier flower growers from around the world—a remarkable 10% increase from last year’s lineup of 137. With exhibitors representing 13 nations, this year’s event marks a milestone: for the first time ever, flower growers will comprise over half of all participants, rising from 47% to an impressive 53%. This historic turnout underscores the IFTF’s growing influence as a global hub for floral excellence and innovation.
