Common use of General Commitments Clause in Contracts

General Commitments. 1. Each Party shall endeavour to ensure that its environmental laws and policies provide for and encourage high levels of environmental protection and to continue to improve their respective levels of environmental. 2. The Parties shall not apply their environmental laws and regulations in a manner that constitutes a disguised restriction on trade or unjustifiable or arbitrary discrimination. 3. After the date of entry into force of this Agreement, neither Party shall cease to effectively enforce its environmental laws through any sustained or recurring course of action or inaction affecting trade or investment between the Parties. 4. The Parties recognise that each Party retains the right to exercise discretion and to make decisions with respect to (a) Investigative, judicial, regulatory, and enforcement matters; and (b) The allocation of resources for the enforcement of environmental laws to which has assigned a higher priority. Accordingly, a Party is in compliance with paragraph 3 if a course of action or inaction reflects the reasonable exercise of that discretion, or results from good faith decisions with respect to the allocation of resources in accordance with that Party's priorities for enforcement of its environmental laws. 5. Without prejudice to Article 17.2, the Parties recognize that it is inappropriate to promote trade or investment by weakening or reducing the protection provided for in their environmental legislation. Accordingly, neither Party shall repeal, or otherwise make without legal effect, or offer to derogate from, or otherwise render ineffective, its environmental legislation, in a way that weakens or reduces the protection afforded in its legislation, in order to encourage trade or investment between the Parties. 6. The Parties shall seek to cooperate on matters of mutual interest within the framework of the WTO Committee on Trade and Environment. 7. Nothing in this Chapter shall be construed to empower the authorities of a Party to conduct environmental enforcement activities in the territory of the other Party.

General Commitments. 1. The Parties recognize the sovereign right of each Party to establish its own levels of domestic environmental protection and its own environmental priorities, and to establish, adopt, or modify its environmental laws and policies accordingly. 2. Each Party shall endeavour to ensure that its environmental laws and policies provide for and encourage high levels of environmental protection and to continue to improve their respective levels of environmental. 2. The Parties shall not apply their environmental laws and regulations in a manner that constitutes a disguised restriction on trade or unjustifiable or arbitrary discriminationprotection. 3. After No Party shall fail to effectively enforce its environmental laws through a sustained or recurring course of action or inaction in a manner affecting trade or investment between the Parties after the date of entry into force of this Agreement, neither Party shall cease to effectively enforce its environmental laws through any sustained or recurring course of action or inaction affecting trade or investment between the Parties. 4. The Parties recognise that each Each Party retains the right to exercise reasonable discretion in implementing and to make making good faith decisions with respect to (a) Investigative, judicial, regulatory, and enforcement matters; and (b) The on the allocation of resources for the enforcement of environmental laws to which has assigned a higher priority. Accordinglylaws, a Party is in compliance with paragraph 3 if a course of action or inaction reflects regulations and policies, provided that the reasonable exercise of that discretion, or results from good faith discretion and those decisions are not inconsistent with respect to the allocation of resources its obligations in accordance with that Party's priorities for enforcement of its environmental lawsthis Chapter. 5. Without prejudice to Article 17.2, the The Parties recognize that it is inappropriate to promote trade or investment by weakening or reducing the protection provided for in afforded by their environmental legislationlaws. Accordingly, neither no Party shall repealwaive, or otherwise make without legal effectderogate from, or offer to waive or derogate from, or otherwise render ineffective, from its environmental legislationlaws, in a way manner that weakens or reduces the protection afforded in its legislationthose laws, in order to encourage trade or investment between the Parties. 6. The Parties shall ensure that their environmental laws and policies shall not be established or applied for protectionist trade purposes. 7. The Parties shall seek to cooperate on matters of mutual interest within the framework of in the WTO Committee on Trade and Environment. 78. Nothing in this Chapter shall be construed to empower the authorities of a Party to conduct environmental enforcement activities in the territory of the other Party.