Sustainability obligations and developing countries: any scope for special and differential treatment?

Abstract

A distinctive feature of the new generation of regional trade agreements signed by developed countries is the inclusion of sustainability obligations. These obligations, whether in the form of clauses or chapters, bind parties to respect internationally recognized core labour standards and protect the environment. While the multilateral forum may be challenging to supporters of ‘trade and . . .’ issues, the regional trade agreements setting appears as the next best avenue to suppress the possibility of incorporating special and differential treatment that upholds equity considerations and guarantees developing countries’ rights to variable geometry in multilateral trade agreements. This chapter explores the role, if any, of special and differential treatment at the three levels of trade governance of sustainability obligations, namely, multilateral, regional/reciprocal, and unilateral