A system of corporate liability for human rights abuses is currently being negotiated in the UN, within the UNHRC’s open-ended intergovernmental working group on transnational corporations and other business enterprises concerning human rights (OEIGWG), established by the UN General Assembly on 26 June 2014. The mandate of the working group is to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises.
Trade Policy Review - An Open, Sustainable and Assertive Trade Policy - Related Opinions
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The proposed opinion will look at new approaches to more fairly distributing the burden of transformation towards a sustainable Europe.
The EESC has played an important role in raising awareness of EU trade policy among civil society both in the EU and in third countries. The EESC encourages the Commission to strengthen its dialogue with civil society to develop the functioning of TSD chapters in current and future trade agreements. However, the EESC urges the Commission to be more ambitious in its approach, in particular with respect to strengthening effective enforceability of the commitments in TSD chapters, which is of crucial importance to the EESC. TSD chapters must be given equal weight to those covering commercial, technical or tariff issues.
The 2030 UN Agenda, or the implementation of the Sustainable Development Goals, will be one of the top global priorities over the next 15 years, yet it received very little mention in the Commission Communication "Trade for all". Trade is specifically mentioned with regard to nine SDGs (but only once in the MDGs). UNCTAD estimate that, to meet the 17 goals and the 169 targets, at least an extra US$2.5 trillion a year will need to be found - effectively from the private sector. This opinion would seek to look into this further and aim to evaluate how much of that will need to come through trade and investment.
The EESC is committed to open and fair trade and recognises its value as a driver of growth and jobs. Therefore, the EESC calls for a level playing field between European and third country exporting producers, and for effective trade defence instruments. The EESC supports the Commission's proposal that the dumping margin should be calculated not using the standard methodology, but on the basis of benchmarks that take account of significantly distorted production and sale costs. The EESC points out that in its 2016 opinion on preserving sustainable jobs and growth in the steel industry, it already called for the standard methodology not to be used in anti-dumping and anti-subsidy investigations into Chinese imports as long as the country failed to meet the EU's five criteria for market economy status. The EESC welcomes the Commission's intention of using specific criteria to determine whether there are significant distortions in the market situation.
The EU acknowledges the increasing importance of including the EU and partner countries' companies in the GSCs. It is also emphasised that the current interdependence of the economies may further increase due to the recently negotiated and implemented EU trade and investment agreements, as well as negotiations at the WTO. The EESC also recommends cooperation between international organisations and other relevant stakeholders. This would include adopting a common language and common definitions of elements related to global value chains, GSCs and decent work, and comparison and assessment of the statistical data between the various stakeholders, such as the OECD, the International Labour Organisation (ILO), WTO, the European Commission, the World Bank and IFM. This should help avoid confusion and misinterpretation, and support elaboration of a coherent policy between diverse public bodies involved.
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