The Environment And Nafta: Understanding And Implementing The New Continental Law / Edition 2

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<p>Two internationally-known experts discuss both law and policy as they examine the environmental implications of the North America Free Trade Agreement (NAFTA) and the related Noth American Agreement on Envirnmental Cooperation (NAAEC). Pierre Marc Johnson and Andre Beaulieu consider the context in which those implications were brought to the negotiating table, the legal mechanism established to address them, and the original trilateral institution set up to maintain a continent-wide level of environmental cooperation. Topics discussed include: <ul> <li>the provisions of NAFTA that affect environmental policies and their implementation <li>the origins of the NAAEC and the legal regime it creates for improving environmental management in North America <li>preliminary conclusions on the environmental record of NAFTA/NAAEC <li>suggestions on how to ensure that the new institutions and procedures translate into concrete environmental gains </ul> The authors explain how NAFTA and its interaction with NAAEC might take place and how that will affect trade policy and practices, environmental protection efforts, and the relationships between Canada, Mexico, and the United States. In addition, they consider the environmental features of NAFTA as part of the "social agenda" of trade–the environmental, labor, and broad human rights issues that are coming to play an increasing role in the development of international agreements. The manner in which NAFTA parties have confronted that challenge provides valuable insight into the future of regional and international cooperation.<p>Also included in the volume are appendices that provide the complete text of the NAAEC along with selected provisions of NAFTA that relate to the environment.
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Product Details

  • ISBN-13: 9781559634670
  • Publisher: Island Press
  • Publication date: 12/1/1995
  • Edition description: 1
  • Edition number: 2
  • Pages: 430
  • Product dimensions: 6.00 (w) x 9.00 (h) x 1.50 (d)

Table of Contents

Introduction 1
Pt. I The Context of NAFTA and NAAEC 7
Ch. 1 Historical and Regional Context 9
Ch. 2 Trade and Environment: Issues for the 1990s 35
Pt. II Environmental Content in the Main Treaty Text 65
Ch. 3 NAFTA and the Ability of Governments to Legislate in Favor of the Environment 69
Ch. 4 NAFTA's Downward Pressure on Environmental Norms and Upward Harmonization 111
Pt. III The North American Agreement on Environmental Cooperation 119
Ch. 5 Why a North American Agreement on Environmental Cooperation? 121
Ch. 6 Institution Building: Creation of the North American Environmental Commission 131
Pt. IV Dispute Settlement: The Effectiveness of Domestic Environmental Enforcement 171
Ch. 7 A Strictly Intergovernmental Process 175
Ch. 8 What Is an Environmental Law? 184
Ch. 9 Legal Standard for Enforcement Diligence: What Is Ineffective Environmental Enforcement? 193
Ch. 10 Sanctions for Noncompliance 211
Ch. 11 A Special Regime for Canada 224
Ch. 12 Assessment of NAAEC Dispute Settlement Procedure 237
Pt. V Conclusion 241
Ch. 13 NAFTA/NAAEC and the Environmental Agenda of Trade 245
Ch. 14 Redefining National Sovereignty in the Hemisphere 256
Appendixes 277
Bibliography and Further Reference Sources 379
Index 403
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