Lifting the tide on biodiversity conservation through trade and investment: biodiversity conservation under ChAFTA and the WTO

Trade has an important and lasting impact on biodiversity conservation. This is especially true for two of the most unique mega-diverse ecosystems in the world: Australia and China. Not only does trade perpetuate unsustainable economic practices that exacerbate biodiversity loss, but it also has a direct influence on the ability for both Australia and China to implement effective policies aimed at biodiversity conservation. This article will explore the nexus between biodiversity conservation and international trade through the lens of the Australia – China trade relationship. To explore this issue, this article will first discuss the ideological foundations of the WTO, viz, a rules-based system aimed at promoting trade liberalisation. Whilst the WTO does not specifically regulate biodiversity, the General Agreement on Tariffs and Trade (GATT) does contain several provisions as general exceptions which enable Members to reconcile competing priorities of trade liberalisation on one hand, and sustainable development on the other. This article will then explore the trade and biodiversity nexus present within the China and Australia Free Trade Agreement (ChAFTA). Whilst ChAFTA contains several innovations which can improve biodiversity conservation, the Agreement also contains provisions which inhibit transparency and the ability for environmental non-government organisations to submit amicus curiae briefs in ISDS arbitration. Through a comparative analysis of other bilateral trade treaties, this article advocates for an approach which addresses these issues, including addressing systemic concerns regarding global biodiversity conservation.