In Chapter 20 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (‘CPTPP’), it enshrines a detailed chapter on protecting the environment. This specific chapter places a tantamount commitment to all Parties under the CPTPP to encourage high levels of environmental protection. The CPTPP also ensures that parties do not derogate from their respective environmental laws while fostering trade and investment between the parties.
A key feature of the CPTPP can also be seen in Article 20.4, where Parties enter into multilateral environmental agreements to commit to the achievement of environmental goals outlined within the agreements. Parties take cognisance of their crucial roles in protecting the environment, domestically or globally, and the importance of their respective implementation of their parts in the agreements, ensuring the commitment towards the environmental impact that is desired.
Article 20.19 also mandates the formation of an Environment Committee with the main duty to oversee the implementation of Chapter 20, among other functions such as preparing reports on the implementation of the Chapter and reviewing cooperative activities under this Chapter.
There is also a detailed explanation of developing a low-carbon economy in Article 20.15 to encourage low-carbon emitted technologies, energy sources, imports, exports, and much more. It’s also worth noting that all Parties in the CPTPP are signatories to the Paris Agreement, the international treaty to which countries that ratifies and accede to it commit to limit global warming in pursuit of achieving Net-Zero.
The Chapter also provides a dispute resolution mechanism that aims to solve environmental disputes, as enshrined in Article 20.20 to Article 20.23. The dispute resolution mechanism offers environmental consultations, Senior Representative Consultations, Ministerial Consultations and Dispute Resolution.
Malaysia has also played a crucial role in terms of protecting the environment under the context of the CPTPP. To illustrate, the United Kingdom and Malaysia have issued a joint statement setting out shared commitments to collaborate and promote sustainable production of commodities and protect forests. Additionally, this is also evident with the emergence of our National Energy Transition Roadmap and 12th Malaysia Plan (2021-2025) which aims to pivot Malaysia’s green and sustainable Net-Zero future whilst fostering trade, commerce and investment with other countries.
