Mega-Regional Trade Agreements and Global Environmental Governance: The Case of the Trans-Pacific Partnership Agreement

23 Pages Posted: 31 Mar 2017

See all articles by Errol Meidinger

Errol Meidinger

University at Buffalo Law School; University of Freiburg

Date Written: March 1, 2017

Abstract

This article uses the recently negotiated Transpacific Partnership Agreement (TPP) to examine the potential implications of the rise of mega-regional trade agreements (MRTAs) for global environmental governance. Though unlikely to come into force as planned, the TPP represents the state of the art for MRTAs. It was negotiated among a dozen countries with diverse economies and interests that represent over one-quarter of global trade. Its language is likely to provide a reference point for negotiation of future MRTAs. While the environmental provisions of the TPP do not appear strong in their own terms, they offer the prospect of modest environmental benefits by: (1) directly linking trade to numerous environmental concerns, thereby injecting environmental considerations into trade policy; (2) committing member countries to enact, upgrade, and enforce environmental laws; (3) providing dispute settlement mechanisms for situations where countries may not do so; and (4) creating linkages to environmental governance initiatives of non-state actors.

Keywords: Environmental Governance, Free Trade Agreement, Global Governance, Investor-State Dispute Resolution, Mega-Regional Trade Agreement, Multi-Lateral Environmental Agreement, Regional Trade Agreement, Transpacific Partnership

Suggested Citation

Meidinger, Errol, Mega-Regional Trade Agreements and Global Environmental Governance: The Case of the Trans-Pacific Partnership Agreement (March 1, 2017). University at Buffalo School of Law Legal Studies Research Paper No. 2016-038, Available at SSRN: https://ssrn.com/abstract=2943005

Errol Meidinger (Contact Author)

University at Buffalo Law School ( email )

PO Box 288
Clinton, MT 59825-0288
United States
716-536-4521 (Phone)

University of Freiburg ( email )

Tennebacher Str. 4
Freiburg, 79106
Germany

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