Notice Requesting Public Comment on Proposed United States-Chile Free Trade Agreement
Summary
A joint statement from several environmental organizations providing recommendations to the U.S. Trade Representative to ensure that the proposed United States-Chile Free Trade Agreement (FTA) protects environmental standards, incorporates the precautionary principle, and avoids trade liberalization in sensitive sectors like forestry and mining.
Key insights
- The authors argue that the FTA must not undermine national regulatory authority and should explicitly place the burden of proof on the party challenging health or environmental measures. They advocate for the use of a "scientific basis" rather than "scientific justification" to allow countries to maintain standards higher than international norms.
- The statement recommends the explicit recognition of the Precautionary Principle, allowing the U.S. and Chile to adopt safety measures even when scientific evidence regarding risks is "incomplete or inconclusive."
- The organizations strongly oppose the inclusion of investor-to-state dispute settlement processes, citing the "deeply flawed" investment provisions of NAFTA. They argue such mechanisms allow foreign investors to challenge environmental laws and lack transparency and public participation.
- The authors urge the U.S. to avoid tariff reductions and the elimination of non-tariff barriers in sectors where trade liberalization could encourage environmental harm, specifically highlighting forestry, mining, and shipping transport.
- The statement proposes that the FTA include binding commitments to not lower environmental, health, or safety standards to attract foreign investment or increase export opportunities, and suggests a ban on exporting pesticides and toxins that are prohibited in the exporting country.
- The authors call for high standards of transparency and public participation, including open proceedings for the Joint Committee, the right for citizens to submit petitions for environmental violations, and the allowance of amicus briefs in dispute proceedings.
- The document suggests that the Environmental Review (ER) of the FTA should be comprehensive, addressing the impacts of liberalization on specific sectors such as fisheries, oil/gas extraction, and fruit agriculture, as well as impacts on global climate change.
Cite the original document
- APA
- Center for International Environmental Law (2001). Notice Requesting Public Comment on Proposed United States-Chile Free Trade Agreement. https://www.ciel.org/wp-content/uploads/2015/05/USChileFRcommentsRevised.pdf
- Chicago
- Center for International Environmental Law. Notice Requesting Public Comment on Proposed United States-Chile Free Trade Agreement. 2001. https://www.ciel.org/wp-content/uploads/2015/05/USChileFRcommentsRevised.pdf.
- Wikipedia
- {{cite press release |author=Center for International Environmental Law |title=Notice Requesting Public Comment on Proposed United States-Chile Free Trade Agreement |date=15 February 2001 |url=https://www.ciel.org/wp-content/uploads/2015/05/USChileFRcommentsRevised.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @misc{centerforinternationalenvironmentallaw2001notice, author = {{Center for International Environmental Law}}, title = {{Notice Requesting Public Comment on Proposed United States-Chile Free Trade Agreement}}, publisher = {Center for International Environmental Law}, year = {2001}, month = feb, url = {https://www.ciel.org/wp-content/uploads/2015/05/USChileFRcommentsRevised.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
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