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Centre for Trade And Investment Law
6th Floor NAFED House, Siddhartha Enclave, Ashram Chowk, Ring Road, New Delhi-110014

Phone: +91-11-39147256, 39147200
Email: ctiloffice@iift.edu
Trade talk

Trade talk "Environment Impact Assessment in Trade Agreements"

12 December 2024 11 AM
NAFED House, Delhi.
CTIL organized a Trade Talk “Environment Impact Assessment in Trade Agreements” on 12th December 2024 at NAFED House, Delhi. The trade talk focused on recent developments regarding Environmental Impact Assessments in trade agreements and the need to ensure flexibility for developing countries. Prof. James J. Nedumpara, Head & Professor, CTIL delivered opening remarks for the Trade Talk, followed by a presentation by Dr. Nidhi Nagabhatla, Senior Fellow, United Nations University Comparative Regional Integration Studies, Belgium, and responses by the discussants: Dr. Nidhi Nagabathla presented findings of a report on Environment Impact Assessment in trade Agreements that provide insights based on analysis of 110 EIAs notified to the World Trade Organization (WTO). She highlighted the keen interest of developed countries in this area and the standardization challenges for the same. Following Dr. Nagabhatla's presentation, there was an insightful discussion by the experts: Ms. Arkaja Singh, Fellow, Council on Energy, Environment and Water (CEEW), Prof. Shiny Pradeep Centre for Trade and Investment Law, Assistant Professor, CTIL, and Ms. Swasti Misra, Senior Associate, Environment, Trust Legal Advocates & Consultants. Ms. Arkaja Singh highlighted the contrast between India's flexible, project-specific EIA framework and international EIAs that reflect developed nations' priorities. She emphasized the need for India to make its regulatory processes more transparent while maintaining domestic specificity, considering state-level variations, and advocating for frameworks that recognize developing countries' unique development paths and environmental strengths. Ms. Shiny Pradeep highlighted how SIA, while prevalent in advanced economies' FTAs, faces challenges in standardization due to the need to consider local contexts, labor rights, indigenous communities, and environmental priorities under the principle of Common but Differentiated Responsibilities. She advocated for a flexible approach combining ex-ante and ex-post assessments through bilateral collaborative mechanisms rather than immediate international standardization, acknowledging developing economies' resource constraints. Ms. Swati Mishra, an environmental lawyer, highlighted how India's judicial system enforces environmental regulations through the National Green Tribunal and Supreme Court. She also highlighted how domestic legal institutions actively shape environmental protection through Article 21 of India's Constitution and public interest litigation. Shri Amitabh Kumar, Joint Secretary, Department of Commerce, Ministry of Commerce and Industry, Government of India delivered a special address. He emphasized that India's environmental assessments should align with its Nationally Determined Circumstances rather than external standards, highlighting the country's achievements in emissions reduction and renewable energy. He argued that India's environmental performance must be viewed in context of its development needs and low per capita emissions, while noting the need to balance environmental, social, and economic dimensions in sustainable development. He concluded that EIAs in trade agreements should be based on India's specific commitments and development context. The trade talk provided valuable insights into the evolving landscape of environmental assessments in international trade, highlighting the need to balance global standards with domestic sensitivities while ensuring developing nations' perspectives and capabilities are adequately represented in future frameworks.
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    Centre for Trade And Investment Law
    6th Floor NAFED House, Siddhartha Enclave, Ashram Chowk, Ring Road,
    New Delhi-110014, India

    Phone: 011-49964912
    Email: ctiloffice@iift.edu

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