The trade, climate, and green energy triad in the EU's new generation free trade agreements

All economic activities impact the environment, and trade does not represent an exception. With anthropogenic climate change denoting the most pressing environmental concern of the present Millennium, global commercial exchanges have been regarded as a force for good in tackling it, in particular through the adoption of “green” trade measures. On these bases, the thesis investigates if, and to what extent, the new generation free trade agreements (NGFTAs) negotiated and/or concluded by the European Union with third Countries codify and operationalize provisions pertaining to climate change, through the promotion of renewable energy. After setting the theoretical framework of the study, the research examines the scope, content, and normative value of the provisions pertaining to climate change and renewable energy, as enshrined in the EU NGFTAs. Subsequently, the investigation rests on the implementation and enforcement phases of the investigated provisions. In relation to the former, the thesis rests on the composition, function, decision-making powers and existing practice of the institutional bodies set up under the examined agreements. With regard to the latter phase, the remedies which are available both to the parties to the Agreements and to natural and legal persons in order to claim the violation of the provisions under scrutiny are investigated. Against this backdrop, the doctoral thesis argues that, despite representing sophisticated models for integrating environmental interests within trade agreements, the Union’s NGFTAs stand out as mere “blunt weapons” in fighting climate change. In this vein, some prospective outlooks for future research are presented, analyzing the future developments which might foster the promotion of the nexus entwining trade, climate change and green energy at a global level.