Make it Better (MiB): in search of a new normative model for the promotion of sustainable development in the EU external action

In recent years sustainable development has taken centre stage in the EU's legal and political action. The EU aims to be a champion of sustainable development. So far, it has done so by setting the most ambitious (internal) policy goals and regulatory standards in accordance with the "leading by example" principle. The European Green Deal and the NextGenerationEU plan, with their strong focus on the transition towards a more sustainable economic model, are the most obvious illustration. Internationally, however, things are more complex. Sustainable development is certainly high on the EU's external agenda as much as it is internally. However, the advancement of sustainable development through the Union’s international action must take into account the Union’s partners' preparedness to embrace it. For this and other reasons, the EU has traditionally taken an approach based on voluntary cooperation with its partners - instead of one based on more enforceable obligations. This has often translated into international agreements featuring best-efforts obligations clauses and employing hortatory language. Another common trait is the general exclusion of sustainable development-related disputes from enforceable dispute settlement mechanisms. However, in the EU-New Zealand FTA announced in 2022, for the first time ever, the chapter on sustainable development does not feature an ad hoc dispute settlement system separate from the general one. This latest development signals that a change of attitude may be taking place. Traditionally, the EU's approach concerning sustainable development is in stark contrast to what the Union has done in relation to the promotion of other foundational EU values and interests, such as the rule of law and human rights. Consequently, a debate has emerged on the appropriateness of the EU approach to the promotion of sustainable development in its external action. Calls for a shift to a more muscular attitude have been gaining ground, with proposals ranging from a sanctions-based approach to more radical solutions such as the ones favoured by the proponents of ecocentrism, which would require a complete paradigm shift. At the same time, the EU's actions faces the risk of being perceived as eco-imperialistic by developing countries. The aim of this project is to reflect on the different normative models available and investigate whether it is time to revise the way in which the EU carries out the advancement of sustainable development in its external action. The whole spectrum of international instruments that the EU could use to advance sustainable development – from trade and investment agreements to association agreements and the general scheme of preferences (GSP) – will be considered. The current situation warrants a theoretical reflection on the normative model that the Union should adopt when promoting sustainable development, building on the debate that has taken place in relation to human rights conditionality.