The Panel of Experts
proceeding constituted under the ‘Trade and Sustainable Development’ chapter of
the European Union (EU)-Korea FTA offers an important occasion to assess the
contribution of the ‘sustainability’ chapters in recent trade agreements. The
EU-Korea panel proceeding shows the close connection between trade and
sustainability issues, and the utility of trade agreements in promoting and
achieving the sustainability objectives. It also suggests the viability of a
non-binding dispute settlement mechanism in dealing with sensitive matters in
order to achieve a long-term solution in an amicable manner. At the same time,
the panel proceeding also raises some structural issues for the consideration
of states in their future trade agreements. States may consider adopting
detailed procedural rules and structured logistical support in advance to
ensure the completion of the proceeding in a shortened timeframe. They may also
consider clarifying textual language in the agreements as regards the role of
other treaties in the interpretation and application of the trade agreement at
issue. Also, future trade agreements need to elaborate post-proceeding steps so
as to achieve the goal of the panel proceeding. Future agreements may also wish
to explore a more comprehensive review scheme through a sustainability chapter
where the same or similar measures of both parties of trade agreements are
reviewed comprehensively from the same legal standard so as to ensure a
long-term solution of the matter between the parties in a symmetric manner.