The basic architecture may establish institutions charged with a variety of duties that may include: implementing substantive commitments, discussing matters of mutual interest, undertaking original research, elaborating new commitments (e.g., in the area of cooperation), reviewing and monitoring progress, or handling text-related consultations and disputes.
The scope and character of these institutions varies widely, in accordance with their mandates and responsibilities, and can range from committees convened at the working level to ministerial councils. Stronger agreements will set regular meeting dates and elaborate detailed terms of reference (recommended), while others may set an initial meeting date and leave further meetings and the details of the work to the discretion of the institution.
Option 1:Specific environmental institution
For agreements that have substantial environmental provisions to oversee, such as capacity building, enforcement, etc., a dedicated environmental institution makes most sense; it gives those issues an institutional home (Secretariat, for example), meaning they may be diligently pursued.
Examples
Elaborate institution: The North American Commission for Environmental Cooperation (CEC) is a tri-national institution created by the NAAEC. It has a permanent secretariat with a mandate on cooperation, research and dispute settlement, a council consisting of the three parties’ Environment Ministers and a Joint Public Advisory Committee.
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Examples
Less elaborate: The as-yet unnamed body on Trade and Sustainable Development created under CETA: [Article 22.4] comprised of party representatives, charged with overseeing environment and labour provisions, reporting annually. No scheduled regular meetings.
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Examples
Minimally elaborate: “The Parties shall designate the administrative entities which shall serve as contact points for the purpose of implementing this Chapter.” (EFTA-Central America FTA, Article 9.10)
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Option 2:Environment as part of broader institution
Not as desirable as a dedicated environmental institution, if there are substantial environmental provisions to oversee. Environmental interests and issues will tend to be sidelined in such an arrangement.
Examples
US-Jordan FTA establishes a Joint Committee to oversee implementation of all aspects of the agreement, including environmental aspects.
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Option 3:No institution created
Appropriate only where there are no substantial environmental provisions.
Examples
“Each Party shall designate a contact point to facilitate communications between the Parties on any matter covered by this Agreement.” (India-Korea FTA Article 15.3)
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Option 4:Over-arching responsibility for mandate given to a high-level body, such as Council of Ministers
High-level responsibility has potential to translate into higher-level political attention to the success of the institution. Best if complemented by strong working-level technical bodies. And best if comprised of trade officials as well as environment officials.
Examples
The North American Agreement on Environmental Cooperation is headed by a council of environment ministers from the three parties.
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Option 5:Overarching responsibility for mandate given to committee of government representatives
Has potential to work well, given strong and abiding political will from senior officials. Without that will, however, there is a risk that the institution’s mandate will be sidelined. Best if comprised of trade officials as well as environment officials.
Examples
“The Parties establish an Environment Committee (Committee) composed of senior government representatives, or their designees, of the relevant trade and environment national authorities of each Party responsible for the implementation of this Chapter.” (TPP article 20.19(2))
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Option 6:Spell out function of the institution in detail: regular meeting dates; detailed terms of reference; fleshed out work plan or process to create work plan
This is recommended. It allows the institution to work concretely rather than getting stuck in abstract issues; it pre-empts agenda fights; it builds trust through regular meetings.
Examples
NAAEC (Part 3) sets out in detail the structure, procedures and function of the Council, the secretariat, and the Joint Public Advisory Committee, specifying commitments for regular meetings of each.
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