Can Free Trade Agreements and their Dispute Resolution Mechanisms Help Protect the Environment and Public Health? The CPTTP, MARPOL73/78 and COVID-19

This paper is a considerably updated and expanded version of Jie (Jeanne) Huang and Jiaxiang Hu, "Can Free Trade Agreement Enhance MARPOL 73/78 Compliance?" 43 Tulane Maritime Law Journal 59, 59-91 (Winter 2018).

Sydney Law School Research Paper No. 20/24

24 Pages Posted: 16 Apr 2020

See all articles by Jie (Jeanne) Huang

Jie (Jeanne) Huang

The University of Sydney Law School

Jiaxiang Hu

KoGuan Law School, Shanghai Jiao Tong University

Date Written: April 14, 2020

Abstract

Preventing or managing a global pandemic such as COVID-19 requires states to strictly comply with International Health Regulations 2005 (IHR). However, they lack a strong enforcement mechanism, like many multilateral environmental protection agreements. Over the past fifteen years, several such conventions have been incorporated into free trade agreements (FTAs) to enhance State compliance and therefore promote environmental protection. A typical example is the International Convention for the Prevention of Pollution from Ships and its Protocols (MARPOL 73/78). Vessels, like viruses, are globally mobile. Vessel-sourced pollution also mirrors human-carried viral infection, because the locations of potential harm are unpredictable and widespread. This Chapter examines first whether FTAs (especially mega-regional FTAs) can effectively encourage States to comply with MARPOL 73/78. Through this analysis, it generates implications regarding whether the IHR regime could also rely on new or renegotiated FTAs, or be reformed directly, to enhance state compliance with public health initiatives.

Keywords: Free trade agreements, dispute resolution, MARPOL 73/78, International Health Regulations 2005, COVID-19 pandemic

JEL Classification: K10, K30

Suggested Citation

Huang, Jie (Jeanne) and Hu, Jiaxiang, Can Free Trade Agreements and their Dispute Resolution Mechanisms Help Protect the Environment and Public Health? The CPTTP, MARPOL73/78 and COVID-19 (April 14, 2020). This paper is a considerably updated and expanded version of Jie (Jeanne) Huang and Jiaxiang Hu, "Can Free Trade Agreement Enhance MARPOL 73/78 Compliance?" 43 Tulane Maritime Law Journal 59, 59-91 (Winter 2018). , Sydney Law School Research Paper No. 20/24, Available at SSRN: https://ssrn.com/abstract=3576164

Jie (Jeanne) Huang (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Jiaxiang Hu

KoGuan Law School, Shanghai Jiao Tong University ( email )

1954 Huashan Rd
Shanghai, 200030
China

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