What is There to Enforce? Multilateral Agreements and Standards in the Trade and Sustainable Development Chapters of the EU Free Trade Agreements

S.E. Akdogan

doi:10.1007/978-94-6265-655-0_7

What is There to Enforce? Multilateral Agreements and Standards in the Trade and Sustainable Development Chapters of the EU Free Trade Agreements

S.E. Akdogan

Law

Research output: Chapter in Book/Report/Conference proceeding › Chapter › Academic › peer-review

Abstract

For years, the discussions on the enforceability of the Trade and Sustainable Development (TSD) chapters of the European Union (EU) Free Trade Agreements (FTAs) focused on the shortcomings of the institutional mechanism. Stakeholders have criticized the collaborative approach where no sanctions were available for breaches, combined with the exclusion from the general Dispute Settlement Mechanism (DSM) of the FTA. In 2022, the European Commission announced a more assertive approach to remedy these shortcomings. Long-awaited developments in the procedural area raise questions about the substantive content of the TSD chapters. This Chapter aims to provide the needed reality check on to what extent this assertive approach in the procedure is backed up by the substance of the obligations. Through textual analysis, the Chapter scrutinizes multilateral labor and environmental standards articles under all the FTAs with a TSD chapter to date and assesses the commitments to explore the trends in the EU’s approach. It looks at the clarity of the language used; the substance, nature, and the enforceability of the obligations.

Original language	English
Title of host publication	EU External Relations Law and Sustainability
Subtitle of host publication	The EU, Third States and International Organizations
Editors	Ramses A. Wessel, Jamile Mata Diz, Julia Peret T. Tarsia, Saide Esra Akdogan
Place of Publication	The Hague
Publisher	T.M.C. Asser Press
Pages	137-166
ISBN (Electronic)	9789462656550
ISBN (Print)	9789462656543, 9789462656574
DOIs	https://doi.org/10.1007/978-94-6265-655-0_7
Publication status	Published - 2 Feb 2025

Publication series

Name	Global Europe: Legal and Policy Issues of the EU's External Action
Publisher	Springer/Asser
Volume	4
ISSN (Print)	2666-4828
ISSN (Electronic)	2666-4836

Keywords

European Union
Free Trade Agreements
Trade and Sustainable Development chapters
European Commission
enforceability
substantive obligations
Multilateral environmental agreements
ILO Conventions

Access to Document

10.1007/978-94-6265-655-0_7

1 Book editing
1 Chapter

EU External Relations Law and Sustainability: The EU, Third States and International Organizations
Wessel, R. A. (Editor), Mata Diz, J. B. (Editor), Peret Tasende Tarsia, J. (Editor) & Akdogan, S. E. (Editor), Feb 2025, The Hague: T.M.C. Asser Press. 477 p. (Global Europe: Legal and Policy Issues of the EU's External Action; vol. 4)
Research output: Book/Report › Book editing › Academic
Introduction: EU External Relations Law and Sustainability
Akdogan, S. E., Peret T. Tarsia, J., Mata Diz, J. & Wessel, R. A., 2 Feb 2025, EU External Relations Law and Sustainability: The EU, Third States and International Organizations . Wessel, R. A., Mata Diz, J., Peret T. Tarsia, J. & Akdogan, S. E. (eds.). The Hague: T.M.C. Asser Press, p. 1-5 (Global Europe: Legal and Policy Issues of the EU's External Action; vol. 4).
Research output: Chapter in Book/Report/Conference proceeding › Chapter › Academic › peer-review

Cite this

Akdogan, S. E. (2025). What is There to Enforce? Multilateral Agreements and Standards in the Trade and Sustainable Development Chapters of the EU Free Trade Agreements. In R. A. Wessel, J. Mata Diz, J. Peret T. Tarsia, & S. E. Akdogan (Eds.), EU External Relations Law and Sustainability: The EU, Third States and International Organizations (pp. 137-166). (Global Europe: Legal and Policy Issues of the EU's External Action; Vol. 4). T.M.C. Asser Press. https://doi.org/10.1007/978-94-6265-655-0_7

Akdogan, S.E. / What is There to Enforce? Multilateral Agreements and Standards in the Trade and Sustainable Development Chapters of the EU Free Trade Agreements. EU External Relations Law and Sustainability: The EU, Third States and International Organizations . editor / Ramses A. Wessel ; Jamile Mata Diz ; Julia Peret T. Tarsia ; Saide Esra Akdogan. The Hague : T.M.C. Asser Press, 2025. pp. 137-166 (Global Europe: Legal and Policy Issues of the EU's External Action).

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abstract = "For years, the discussions on the enforceability of the Trade and Sustainable Development (TSD) chapters of the European Union (EU) Free Trade Agreements (FTAs) focused on the shortcomings of the institutional mechanism. Stakeholders have criticized the collaborative approach where no sanctions were available for breaches, combined with the exclusion from the general Dispute Settlement Mechanism (DSM) of the FTA. In 2022, the European Commission announced a more assertive approach to remedy these shortcomings. Long-awaited developments in the procedural area raise questions about the substantive content of the TSD chapters. This Chapter aims to provide the needed reality check on to what extent this assertive approach in the procedure is backed up by the substance of the obligations. Through textual analysis, the Chapter scrutinizes multilateral labor and environmental standards articles under all the FTAs with a TSD chapter to date and assesses the commitments to explore the trends in the EU{\textquoteright}s approach. It looks at the clarity of the language used; the substance, nature, and the enforceability of the obligations.",

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Akdogan, SE 2025, What is There to Enforce? Multilateral Agreements and Standards in the Trade and Sustainable Development Chapters of the EU Free Trade Agreements. in RA Wessel, J Mata Diz, J Peret T. Tarsia & SE Akdogan (eds), EU External Relations Law and Sustainability: The EU, Third States and International Organizations . Global Europe: Legal and Policy Issues of the EU's External Action, vol. 4, T.M.C. Asser Press, The Hague, pp. 137-166. https://doi.org/10.1007/978-94-6265-655-0_7

What is There to Enforce? Multilateral Agreements and Standards in the Trade and Sustainable Development Chapters of the EU Free Trade Agreements. / Akdogan, S.E.
EU External Relations Law and Sustainability: The EU, Third States and International Organizations . ed. / Ramses A. Wessel; Jamile Mata Diz; Julia Peret T. Tarsia; Saide Esra Akdogan. The Hague: T.M.C. Asser Press, 2025. p. 137-166 (Global Europe: Legal and Policy Issues of the EU's External Action; Vol. 4).

Research output: Chapter in Book/Report/Conference proceeding › Chapter › Academic › peer-review

TY - CHAP

T1 - What is There to Enforce? Multilateral Agreements and Standards in the Trade and Sustainable Development Chapters of the EU Free Trade Agreements

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N2 - For years, the discussions on the enforceability of the Trade and Sustainable Development (TSD) chapters of the European Union (EU) Free Trade Agreements (FTAs) focused on the shortcomings of the institutional mechanism. Stakeholders have criticized the collaborative approach where no sanctions were available for breaches, combined with the exclusion from the general Dispute Settlement Mechanism (DSM) of the FTA. In 2022, the European Commission announced a more assertive approach to remedy these shortcomings. Long-awaited developments in the procedural area raise questions about the substantive content of the TSD chapters. This Chapter aims to provide the needed reality check on to what extent this assertive approach in the procedure is backed up by the substance of the obligations. Through textual analysis, the Chapter scrutinizes multilateral labor and environmental standards articles under all the FTAs with a TSD chapter to date and assesses the commitments to explore the trends in the EU’s approach. It looks at the clarity of the language used; the substance, nature, and the enforceability of the obligations.

AB - For years, the discussions on the enforceability of the Trade and Sustainable Development (TSD) chapters of the European Union (EU) Free Trade Agreements (FTAs) focused on the shortcomings of the institutional mechanism. Stakeholders have criticized the collaborative approach where no sanctions were available for breaches, combined with the exclusion from the general Dispute Settlement Mechanism (DSM) of the FTA. In 2022, the European Commission announced a more assertive approach to remedy these shortcomings. Long-awaited developments in the procedural area raise questions about the substantive content of the TSD chapters. This Chapter aims to provide the needed reality check on to what extent this assertive approach in the procedure is backed up by the substance of the obligations. Through textual analysis, the Chapter scrutinizes multilateral labor and environmental standards articles under all the FTAs with a TSD chapter to date and assesses the commitments to explore the trends in the EU’s approach. It looks at the clarity of the language used; the substance, nature, and the enforceability of the obligations.

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PB - T.M.C. Asser Press

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ER -

Akdogan SE. What is There to Enforce? Multilateral Agreements and Standards in the Trade and Sustainable Development Chapters of the EU Free Trade Agreements. In Wessel RA, Mata Diz J, Peret T. Tarsia J, Akdogan SE, editors, EU External Relations Law and Sustainability: The EU, Third States and International Organizations . The Hague: T.M.C. Asser Press. 2025. p. 137-166. (Global Europe: Legal and Policy Issues of the EU's External Action). doi: 10.1007/978-94-6265-655-0_7

What is There to Enforce? Multilateral Agreements and Standards in the Trade and Sustainable Development Chapters of the EU Free Trade Agreements

Abstract

Publication series

Keywords

Access to Document

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Research output

EU External Relations Law and Sustainability: The EU, Third States and International Organizations

Introduction: EU External Relations Law and Sustainability

Cite this