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China's Approach to Sustainable Development in Free Trade Agreements
Wei,Dan1; Rafael,Ângelo Patrício2
2023-07-03
Source PublicationLaw and Development Review
ISSN2194-6523
Volume16Issue:2Pages:367-384
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.

KeywordChina Environment And Trade Free Trade Agreements Labor And Trade Sustainable Development
DOI10.1515/ldr-2023-0053
URLView the original
Indexed ByESCI
Language英語English
WOS Research AreaGovernment & Law
WOS SubjectLaw
WOS IDWOS:001021729100001
PublisherWALTER DE GRUYTER GMBH, GENTHINER STRASSE 13, D-10785 BERLIN, GERMANY
Scopus ID2-s2.0-85164344049
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Citation statistics
Document TypeJournal article
CollectionDEPARTMENT OF MACAO LEGAL STUDIES
Corresponding AuthorWei,Dan
Affiliation1.Faculty of Law,University of Macau,Macau,Macao
2.Faculty of Business and Law,University of Saint Joseph (Macao),Macau,Macao
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Wei,Dan,Rafael,Ângelo Patrício. China's Approach to Sustainable Development in Free Trade Agreements[J]. Law and Development Review, 2023, 16(2), 367-384.
APA Wei,Dan., & Rafael,Ângelo Patrício (2023). China's Approach to Sustainable Development in Free Trade Agreements. Law and Development Review, 16(2), 367-384.
MLA Wei,Dan,et al."China's Approach to Sustainable Development in Free Trade Agreements".Law and Development Review 16.2(2023):367-384.
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