The EU’s free trade agreement with New Zealand fails to establish a critical concept of sustainability On July 9, 2023, the European Union and Aotearoa New Zealand concluded a comprehensive free trade agreement, which the European Commission describes as the most ambitious agreement ever with regard to sustainability issues. A closer look reveals that the scope of regulation is more comprehensive and progressive in many respects than in other agreements. Nevertheless, deficits can be identified in the design of the dispute settlement procedure, which are also due to the fact that the sustainability chapter is unable to establish a critical concept of sustainability that is sensitive to its contradictions. Findings from Contradiction Studies can help to fill this gap. Contradictions are associated with the concept of sustainability as it is used in the agreement. Only its recognition makes it possible to negotiate these contradictions at a legal level. To this end, the dispute settlement procedure must be made more effective with the involvement of civil society actors.
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