Are the negotiations of Free Trade Agreements (FTAs) changing? As the recent negotiations of mega-regionals display, much has changed over the last decade. While people still perceive these agreements, and the trade and investment chapters in particular, as an intrusion in a wide range of domestic policies and sovereignty sensitivities, the 'public' is now given the opportunity to have an actual standing in the processes underpinning the formulation of investment policies. This participation of non-state actors has been particularly facilitated by the 'transparency campaign' that has urged states to introduce various mechanisms to implement the transparency of FTA negotiations and gather the public inputs, thus paving the way for new direct forms of public involvement. Canada and the USA have long been familiar with this approach, which has recently been further implemented and developed in the context of not only the European Union but also outside the Western world, for example, in Australia, New Zealand, Mexico, and Malaysia. Taken together, these experiences suggest that, in recent years, the negotiations of FTAs are undergoing a change to allow for more transparency and public participation but need constant refinements to be meaningfully implemented. 'Remember, no human condition is ever permanent.' (Attributed to Socrates).
CITATION STYLE
Marceddu, M. L. (2018). Implementing transparency and public participation in FTA negotiations: Are the times a-Changin’? Journal of International Economic Law, 21(3), 681–702. https://doi.org/10.1093/jiel/jgy034
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