Upholding Levels of Protection. In the Application and Enforcement of Laws, Regulations or Standards
1. A Party shall not fail to effectively enforce its environmental and labour laws, regulations or standards in a manner affecting trade or investment between the Parties.
2. Subject to Article 8.3 (Right to Regulate and Levels of Protection), no Party shall:
(a) weaken or reduce the level of environmental or labour protection provided by its domestic laws, regulations or standards with the sole intention to encourage trade or investment from another Party or to seek or enhance a competitive trade advantage of producers or service providers operating in its territory; or
(b) waive or otherwise derogate from, or offer to waive or otherwise derogate from, laws, regulations or standards relevant to environment and labour, in order to encourage trade or investment from another Party or to seek or enhance a competitive trade advantage of producers or service providers operating in its territory.
Upholding Levels of Protection. 1. No Party shall encourage trade or investment by reducing the levels of protection afforded in its environmental and labour laws. Accordingly, no Party shall waive or otherwise derogate from its environmental and labour laws in a manner that reduces the protection afforded in those laws, to encourage trade or investment.
2. A Party shall not fail to effectively enforce its environmental and labour laws through a sustained or recurring course of action or inaction, in a manner affecting trade or investment between the Parties.
3. The Parties recognise the right of each Party to a reasonable exercise of discretion with regard to decisions on resource allocation relating to investigation, control and enforcement of domestic environmental and labour regulations and standards, while not undermining the fulfilment of the obligations undertaken under this Title. 4. Nothing in this Title shall be construed to empower the authorities of a Party to undertake labour and environmental law enforcement activities in the territory of another Party.
Upholding Levels of Protection. No Party shall encourage trade or investment by reducing the levels of protection afforded in its environmental and labour laws. Accordingly, no Party shall waive or otherwise derogate from its environmental and labour laws in a manner that reduces the protection afforded in those laws, to encourage trade or investment.
Upholding Levels of Protection. The Parties recognise that it is inappropriate to encourage trade or investment by lowering the levels of protection afforded in domestic environmental or labour laws.
Upholding Levels of Protection. 1. The Parties stress that weakening the levels of protection in environmental or labour areas is detrimental to the objectives of this Chapter and that it is inappropriate to encourage trade and investment by weakening the levels of protection afforded in domestic environmental or labour law.
2. A Party shall not waive or derogate from, or offer to waive or derogate from, its environmental or labour laws, in a manner affecting trade and investment between the Parties.
3. A Party shall not, through a sustained or recurring course of action or inaction, fail to effectively enforce its environmental and labour laws, as an encouragement for trade and investment.
4. A Party shall not apply environmental and labour laws in a manner that would constitute a means of arbitrary or unjustifiable discrimination between the Parties or a disguised restriction on trade.
Upholding Levels of Protection. The Parties recognise the importance of mutually supportive trade, environment and labour policies and practices as well as the efforts to improve environmental and labour protection and enhance trade between the Parties. Each Party shall endeavour to ensure that its environmental and labour laws and regulations, policies and practices are not used for the purposes of trade protectionism. Neither Party shall seek to encourage or gain trade or investment advantage by weakening or failing through a sustained or recurring course of action or inaction to enforce or administer its environmental and labour laws and regulations, policies and practices in a manner affecting trade between the Parties.
Upholding Levels of Protection. 1. The Parties recognise that it is inappropriate to encourage trade or investment by lowering the levels of protection afforded in domestic environmental or labour law.
2. A Party shall not waive or derogate from, or offer to waive or derogate from, its environmental or labour law as an encouragement for trade or the establishment, the acquisition, the expansion or the retention of an investment of an investor in its territory.
3. A Party shall not, through a sustained or recurring course of action or inaction, fail to effectively enforce its environmental and labour law, as an encouragement for trade or investment.
Upholding Levels of Protection. 1. A Party shall not waive or otherwise derogate from, or offer to waive or otherwise derogate from, its labour law in a manner that weakens or reduces adherence to the internationally recognized principles and rights referred to in Article 1 (General Obligations), as an encouragement for trade or to establish, acquire, expand or retain an investment or an investor in its territory.
2. A Party shall not fail to effectively enforce its labour law, through a sustained or recurring course of action or inaction, to encourage trade or investment.
Upholding Levels of Protection. 1. Subject to Article 184(1), the Parties agree not to encourage trade or foreign direct investment to enhance or maintain a competitive advantage by:
(a) Lowering the level of protection provided by domestic environmental and public health legislation;
(b) Derogating from, or failing to apply such legislation.
2. The Parties and the Signatory CARIFORUM States commit to not adopting or applying regional or national trade or investment-related legislation or other related administrative measures as the case may be in a way which has the effect of frustrating measures intended to benefit, protect or conserve the environment or natural resources or to protect public health.
Upholding Levels of Protection. A Party shall not fail to effectively enforce its environmental and labour laws, through a sustained or recurring course of action or inaction, in a manner affecting trade or investment between the Parties.
