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Responsible Trade
A Fair Trade Bill of Rights

Make trade clean, green, and fair

Economic globalization ties the world together as never before. But it also poses serious new threats to our health and the environment.

Trade agreements promote international commerce by limiting governments' ability to act in the public interest. Already food safety, wildlife and pollution controls laws have been challenged and weakend under trade rules as illegal "barriers to trade."

In our global economy, corporations move operations freely around the world, escaping tough pollution control laws, labor standards, and even the taxes that pay for social and environmental needs.

Global trade is now a fact of life. But we can insist on trade policies that support, rather than undermine, environmental and labor standards. Adoption of a fair trade "bill of rights" could help us do just than.

Much as the original Bill of Rights in the US Constitution protects citizens against a potentially overbearing government, a "fair trade bill of rights" could protect people and the planet from overbearing, global trade rules.

A fair trade bill of rights would make trade clean, green, and fair, upholding three basic principles:

I. Do Not Undermine Environmental Standards.

Trade rules should not be used to weaken national or international health and environmental standards. In particular, trade rules must:

  • eliminate the right of private investors to sue governments and limit the overly broad investment rules that have allowed challenges to environmental laws;

  • allow standards for products if they are produced, for example, in a way that harms endangered species, ecosystems, or the global commons;

  • allow precautionary standards to protect health and the environment when scientific data is inconclusive;

  • ensure deference to multilateral environmental agreements (MEAs) when there are conflicts between trade rules and trade-related provisions of MEAs; and

  • ensure the availability of strong environmental exceptions to trade and investment rules for laws and regulations that protect health and natural resources.

  • II. Encourage Environmental Progress.

    Trade rules should encourage environmental progress and discourage harmful environmental impacts. In particular, trade rules should:

  • ensure that market opening agreements are accompanied by environmental initiatives to protect natural resources that would be vulnerable to increased exploitation;

  • prohibit the lowering of environmental and labor standards to attract investment or gain trade advantages;

  • provide a mechanism for citizens to seek review of failures to enforce health and environmental laws;

  • require that foreign direct investors disclose basic information on their environmental labor, and human rights practices. Environmental disclosure might include releases of toxic pollutants, types of workplace hazards, and contributions through taxes to local environmental infrastructure;

  • develop a systematic program to improve environmental performance through capacity-building assistance, technology transfer, and corporate accountability; and

  • work to develop cooperative, multilateral solutions to trade and environment conflicts.

  • III. Require Democratic Procedures.

    Trade rules should be developed and implemented through open and fully democratic procedures. In particular:

  • trade rules should be subject to comprehensive environmental reviews involving public participation throughout the process;

  • trade rules should allow the public to review and comment on the written record of a trade dispute, have access to working texts of trade agreements, and have a permanent role in trade advisory committees and trade institutions;

  • trade disputes and informal interventions should be initiated only after public notice and comment; and

  • new mechanisms should be developed to hold trade policy makers accountable to implement the above trade and environment principles.


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