This paper considers the legal and policy impacts of Sustainability Impact Assessments (SIAs) carried out by the European Union (EU) throughout Free Trade Agreement (FTA) negotiations. Specifically, it explores the role of SIAs in contributing information and guiding negotiations, evaluating the potential impact of a trade or investment agreement, pinpointing potential trade-offs, and optimizing policy decisions. This study scrutinizes whether and how this EU practice influences ongoing negotiations with potential partners and shapes its relationships with countries that have established FTAs. Additionally, it explores the approaches of other countries in the ex-ante analysis of their trade accords and considers whether and how the EU SIA practices are influencing policy decisions and legal provisions of its partners. Further, the paper provides a review of certain procedural innovations which may enhance the quality, relevance and likelihood of SIA recommendations being adopted, especially in anticipating and mitigating potential social and environmental impacts, and enhancing any co-benefits, for trade or investment agreements that might foster rather than frustrate sustainable development objectives.
European Foreign Affairs Review