Sustainable development chapters in EU FTAs and dispute settlement: lessons learned from Ukraine - Wood Products and Korea - Labour Rights

Gesa Kübek

Chapter 16 in Understanding the EU as a Good Global Actor, 2022, pp 277-293 from Edward Elgar Publishing

Abstract: This chapter explores the role of TSD chapters in bilateral dispute settlement through a joint reading of the first-ever disputes settled under EU FTAs: Ukraine - Wood Products and Korea - Labour Rights. It examines the two main dispute-settlement procedures foreseen in EU FTAs, i.e. the "TSD-specific" and the "main" state-to-state arbitration procedure, and highlights that TSD chapters may play a role in disputes settled under either procedure. Moreover, the chapter draws attention to some emerging inconsistencies in the interpretation of TSD chapter provisions by different dispute settlement bodies under EU FTAs. It argues that the EU could strengthen its role as a "good" assertive global trade actor by advancing a more consistent interpretation of TSD chapter commitments in cases settled under different FTA dispute settlement procedures.

Keywords: Economics and Finance; Environment; Law - Academic; Politics and Public Policy Sustainable Development Goals (search for similar items in EconPapers)
Date: 2022
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