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regulations. Therefore, in this case, we see that the goals of investment, development,
and application of green technology, as well as the goal of greening production and
consumption, have been directly implemented through businesses and consumers. Thus,
countries and parties involved in FTAs, instead of having to fulfill obligations directly,
have been able to transfer these obligations to private entities.
Secondly, in terms of enforcement, new-generation FTAs often come with
mechanisms for compliance monitoring, consultation, sanctions, and dispute resolution
applied to environmental content. Specifically, the EVFTA is the first agreement to have
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a fairly clear enforcement mechanism regarding sustainable development. For
instance, both parties agree to establish a Sustainable Development Committee with
representatives from the governments, where regulatory bodies from both sides meet
periodically to review the implementation progress of both sides, share experiences, and
address issues that need resolution. The provisions of the EVFTA also mention a
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domestic Advisory Group consisting of representatives from independent labor and
environmental organizations to assist the governments of both sides in monitoring and
evaluating the implementation of the Sustainable Development Chapter, thereby
ensuring the effective enforcement of this commitment. Regarding disagreements,
disputes, or consensus among the parties concerning environmental issues and
sustainable development within the framework of the EVFTA, Government
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Consultations and the Expert Council are two proposed measures. Additionally,
unlike international environmental agreements such as the Paris Agreement, which often
lack strict enforcement mechanisms and do not impose penalties for violations, the
monitoring mechanism of the Paris Agreement is based on information provision,
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technical reviews, multilateral considerations, and global inventories. Meanwhile,
although there is no specific regulation on the penalties applicable to a party in the event
of a violation of Chapter 20, based on the dispute resolution provisions in this very
chapter of the CPTPP, we can observe a multi-step, multi-tier process for resolving
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disputes, including cases where a party fails to comply with commitments.
Figure 2. Mechanisms for enforcing and monitoring environmental
provisions in the three agreements: EVFTA, CPTPP, and the Paris Agreement
EVFTA CPTTP Paris Agreement
1. Role of the Committee on 1. Role of the Transparency: The Paris
Trade and Sustainable Environmental Agreement establishes
Development (Article 13.15): Committee (Article an enhanced
● Monitoring implementation: 20.19): transparency framework
● Regular meetings for action and support.
82 Clause 2. Article 13.15 EVFTA
83 Clause 4. Article 13.15 EVFTA
84 Article 13.16 EVFTA
85 Article 13.17 EVFTA
86 FCCC/CP/2015/L.9/Rev.1, Conference of the Parties Twenty-first session, Paris, 30 November to 11
December 2015
87 Article 20.23 CPTTP
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