Declaraciones conjuntas Canadá, Chile y Nueva Zelanda


Chile, Canadá y Nueva Zelanda han alcanzado, en primer lugar, un entendimiento político de trabajar, en un conjunto de temas insertos en la agenda progresiva e inclusiva de comercio, con el objeto de asegurar que los beneficios de la liberalización comercial lleguen a todos los ciudadanos.

En segundo lugar, los tres países acordaron trabajar en reforzar algunos aspectos de los mecanismos de solución de controversia Inversionista – Estado, en particular la introducción de mayores niveles de transparencia en los procedimientos y la preservación del derecho a regular que poseen los Estados en materias centrales de sus políticas públicas.

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Joint Declaration on Fostering Progressive and Inclusive Trade

New Zealand, Canada and Chile confirm our shared commitment to working together to help make international trade policies more progressive and inclusive in order to ensure that the benefits of trade and investment are more broadly shared, which can have a positive impact on economic growth and helps to reduce inequality and poverty.

New Zealand, Canada and Chile confirm our shared commitment to the 2030 Agenda for Sustainable Development.

We also commit to working together to deliver on our expectations that trade can contribute to the achievement of sustainable development and solutions for global issues of concern including with regard to gender equality, Indigenous Peoples, domestic regional economic development, Small and Medium Enterprises (SMEs), labour rights, environment and climate change.

To this end, New Zealand, Canada and Chile will work together to:

- Affirm the inherent right of each Participant to regulate within its territory to achieve legitimate public policy objectives such as the protection of health, safety, the environment or public morals, social or consumer protection or the promotion and protection of cultural diversity;

- Uphold our respective commitments for an ambitious and effective implementation of the Paris Agreement and support the achievement of Sustainable Development Goal 13 (Climate Action);

- Reaffirm our intention to work together in the transition to a low emissions and resilient economy, helping our collective and individual actions to combat climate change thereby contributing to achieving the collective long-term temperature goal of the Paris Agreement, and reducing the adverse effects of climate change;

- Implement our obligations under the Convention on the Elimination of all Forms of Discrimination Against Women and work towards gender equality and the empowerment of women and girls;

- Contribute to achieve the objectives of Goal 5 of the Sustainable Development Goals in the United Nations 2030 Agenda for Sustainable Development, in particular in areas related to  gender equality and empower all women and girls;

- Affirm  the objectives of the Declaration on the Rights of Indigenous Peoples adopted by the United Nations on 13 September, 2007;

- Affirm the right of each Party to preserve, develop and implement its cultural policies for the purposes of enriching its cultural identity and the diversity of cultural expressions in all its forms, given the essential role that culture plays in society, supporting social and economic prosperity, and in the lives of individuals;

Reaffirm our commitments to international standards on corporate social responsibility of enterprises which provide guidelines to enterprises with respect to the environment, labour, human rights, community relations and anti-corruption efforts, such as the OECD Guidelines for Multinational Enterprises;

Respect and promote internationally-recognized labour rights and principles, as set out in the International Labour Organization (ILO) Declaration on Fundamental Principles and Rights at Work of 1998. This includes the right to freedom of association and collective bargaining, the abolition of child labour, the elimination of discrimination in respect of employment and occupation, and the elimination of forced or compulsory labour;

Promote acceptable conditions of work regarding minimum wages, hours of work and occupational safety and health;

Examine ways to address the range of barriers that limit opportunities for women, indigenous peoples and SMEs in international trade;

Improve the policy environment for SME innovation and promote SME growth through innovation, including to strengthen the digital competitiveness of SMEs in order to access the opportunities offered by the internet and the digital economy;

Share information to help develop the regional economies within our countries to ensure they benefit from the opportunities of international trade; and

Within three years of the entry into force of the CPTPP examine the effectiveness of the Agreement with respect to sustainable development, gender, indigenous peoples, domestic regional economic development, SMEs, labour rights, the environment and climate change.

Joint Declaration on Investor State Dispute Settlement

New Zealand, Canada and Chile intend to work together on matters relating to the evolving practice of investor state dispute settlement (ISDS), including as part of the ongoing review and implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). In this work, New Zealand, Canada and Chile together:

- Reaffirm the right of each Party to regulate within its territory to achieve legitimate policy objectives such as safety; the protection of health, the environment or public morals; social or consumer protection; or the promotion and protection of cultural diversity;

- Recognise the strong procedural and substantive safeguards that are included in the Investment Chapter of the CPTPP;

- Recognise the important role of civil society and other interested groups on public policy matters relating to ISDS;

- Intend to consider evolving international practice and the evolution of ISDS including through the work carried out by multilateral international fora;

- Intend to promote transparent conduct rules on the ethical responsibilities of arbitrators in ISDS procedures, including conflict of interest rules that prevent arbitrators from acting, for the duration of their appointment, as counsel or party appointed expert or witness in other proceedings, pursuant to Article 9.22.6 of the CPTPP; and

- Recognise the need to ensure that small and medium-sized enterprises (SMEs) are able to fully benefit from the protections of the investment chapter, and intend to promote rules that reduce the costs of dispute settlement for SMEs.

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