Abstract

THE QUESTION OF HOW TO ADEQUATELY INTEGRATE ENVIRONMENT AND LABOR PROVISIONS IN FREE TRADE AGREEMENTS IS STILL A DIFFICULT ONE FOR BOTH STATES AND ACADEMICIANS. THIS ARTICLE EXPLORES CHINA’S APPROACH TO ENVIRONMENT AND LABOR ISSUES IN FREE TRADE AGREEMENTS. FOR REFERENCE AND COMPARISON, IT RELIES ON THE EUROPEAN UNION’S AND THE UNITED STATES’ APPROACHES IN THEIR RESPECTIVE FTAS. THE ARTICLE IDENTIFIES CHINA’S PREFERENCE FOR A CASE-BY-CASE APPROACH TO THE INCLUSION OF ENVIRONMENTAL CHAPTERS IN ITS FTAS. ADDITIONALLY, IN MOST FTAS IT AVOIDS TO INCLUDE PROVISIONS ON LABOR STANDARDS. THESE TWO PREFERENCES REPRESENT MAJOR DIVERGENCES FROM THE EUROPEAN UNION’S AND THE UNITED STATES’ APPROACHES, CHARACTERIZED BY INCLUSION OF CHAPTERS ON ENVIRONMENT AND LABOR IN ALL THEIR MODERN FTAS. THE ARTICLE ALSO FINDS THAT CHINA’S FTAS RELY SOLELY ON CONSULTATIONS AND COOPERATION FOR THE IMPLEMENTATION OF ENVIRONMENTAL AND LABOR PROVISIONS, WITHIN THE FRAMEWORK OF JOINT COMMITTEES AND AVOID THE INCLUSION OF CIVIL SOCIETY MECHANISMS. MOREOVER, RESOLUTION OF DISPUTES RELIES EXCLUSIVELY ON CONSULTATIONS, IN A DIVERSE PROCEDURE THAN THE ONE APPLICABLE TO TRADE DISPUTES. DESPITE ALIGNMENT WITH THE EUROPEAN UNION MODEL, THIS IS ANOTHER MAJOR POINT OF DIVERGENCE WITH THE UNITED STATES’ MODEL, WHICH APPLIES THE SAME ENFORCEMENT MECHANISM FOR BOTH ENVIRONMENT AND LABOR ISSUES AND TRADE ISSUES AND INCLUDES THE POSSIBILITY OF APPLYING SANCTIONS. FINALLY, THE ARTICLE CONCLUDES THAT CHINA’S OPTIONS WITH REGARDS TO THE TREATMENT OF ENVIRONMENT AND LABOR CONCERNS IN ITS FREE TRADE AGREEMENTS ALIGNS WITH BOTH ITS DOMESTIC GOVERNANCE APPROACH AND ITS APPROACH TO INTERNATIONAL COOPERATION.