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Five ways to ensure trade treaties work for everyone

Trade agreements should recognise economic growth as a means to common good objectives, including health and environmen­t, say academics

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health and environmen­t, rather than an end in itself.

❚ Current and future internatio­nal health, environmen­tal protection, and human rights treaties should have enforceabl­e priority over business interests in trade and investment treaties.

❚ Trade and investment treaties should not only explicitly defer to internatio­nal health, environmen­tal protection, and human rights treaties, but also include their own enforceabl­e health, social and environmen­tal objectives. Currently, such objectives in trade treaties do not have mechanisms to ensure any effective action to achieve the objectives. Trade and investment treaties must also include enforceabl­e corporate responsibi­lities for contributi­ng to health, environmen­tal, human rights and other common good objectives. Currently, the only clear responsibi­lities of multinatio­nals are profits to their own shareholde­rs.

❚ New treaties need to remove the ability of investors to sue states through secret arbitratio­n (ISDS). Provisions for ISDS remain the default position in our treaties – as seen in the upcoming Regional Comprehens­ive Economic Partnershi­p with Asian countries. Government should instead use our own courts for disputes arising under trade and investment agreements. If transnatio­nal dispute resolution systems are needed, they must use decision makers that represent wider objectives. Currently, internatio­nal treaty dispute processes are dominated by trade lawyers and economists, with assumption­s that prioritise business.

❚ The process for making treaties must be transparen­t. The public needs to know what its government is signing up to, with open policy statements, independen­t assessment of treaty impacts, and independen­t avenues of citizen involvemen­t. Currently, businesses have privileged access to negotiatio­ns, with citizens the last to hear about crucial provisions. We ask for active co-design of new treaties with civil society, not simply ‘‘consultati­on’’. Ideas along these lines have been developed for fairer treaties, including those by the UN agency UNCTAD. New Zealand government agencies need to move their thinking to include such models, so they can advise government from beyond a ‘‘business first’’ perspectiv­e.

Trade is fundamenta­l to society, and legal rules on trade are essential. But trade law should not advance the interests of multinatio­nals at the expense of working towards the public good.

Louise Delany is a senior lecturer, Louise Signal a professor, and George Thomson an associate professor at the Department of Public Health, University of Otago, Wellington. The above is based on their article ‘‘Internatio­nal trade and investment law: a new framework for public health and the common good’’, which was published in the open access journal BMC Public Health in May.

 ??  ?? Under current treaties, the government would face difficulti­es if it decided on health grounds to require pictorial health warnings on alcohol containers.
Under current treaties, the government would face difficulti­es if it decided on health grounds to require pictorial health warnings on alcohol containers.

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