Fragmentation Further Entrenched?—Sustainability Chapters in Trade Agreements and Their Systemic Implications

Abstract The emerging “sustainability” initiative in the global community represents continuing efforts at various levels to upgrade and modernize trade agreements so that they can cater to the new demands of contracting parties and various interest groups. Such modernization and upgrades will help increase the legitimacy and relevance of trade agreements at this crucial juncture of a global poly-crisis. The new initiative is also expected to help facilitate the spread of the rule of law in the global community. At the same time, however, the current sustainability chapters are structured and formulated in a way that would further intensify and deepen the chronic problem of the fragmentation of international law. The current scheme of sustainability chapters with key provisions contained in them stands to further entrench the fragmentation of norms and state practices when it comes to the core topics of the sustainability initiative – i.e., labour and environment. States are forced to struggle with the fragmentation dilemma. While the international society should continue to pursue the sustainability initiative, it should also be apprised of the systemic consequences of the current sustainability endeavour. The intended objectives of sustainability chapters could only be achieved by recognizing and addressing the fragmentation pitfall properly.