ABSTRACT
This chapter aims to analyze environmental protection under Chapter Trade and Sustainable Development (TSD) in the free trade agreements (FTAs), focusing on a specific dispute settlement mechanism (DSM) and the right to regulate environmental standards, which are considered as new trade rule-making. In the case of the European Union's (EU) FTAs with Asian countries, civil societies or stakeholders can be involved only indirectly in the Special DSM. TSD chapters are included in the EU FTAs for South Korea, Singapore, Japan and Vietnam. Comprehensive Economic and Trade Agreement (CETA) entered into force provisionally on September 21, 2017. CETA has 30 chapters, including Chapter 22 on TSD, Chapter 23 on trade and labour and Chapter 24 on trade and the environment. In the case of the CETA between Canada and the EU, Art. 23.8(5) under the Chapter 23 enables the public to submit opinions to the parties on matter related to the chapter.
