The Environment and NAFTA: Understanding and Implementing the New Continental Law / Edition 2

The Environment and NAFTA: Understanding and Implementing the New Continental Law / Edition 2

by Pierre-Marc Johnson, Andre Beaulieu
     
 

ISBN-10: 1559634685

ISBN-13: 9781559634687

Pub. Date: 12/28/1995

Publisher: Island Press

<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,…  See more details below

Overview

<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:
9781559634687
Publisher:
Island Press
Publication date:
12/28/1995
Edition description:
1
Pages:
430
Product dimensions:
6.00(w) x 9.00(h) x 1.20(d)

Table of Contents

Foreword
Preface
Acknowledgments
Introduction1
Pt. IThe Context of NAFTA and NAAEC7
Ch. 1Historical and Regional Context9
Ch. 2Trade and Environment: Issues for the 1990s35
Pt. IIEnvironmental Content in the Main Treaty Text65
Ch. 3NAFTA and the Ability of Governments to Legislate in Favor of the Environment69
Ch. 4NAFTA's Downward Pressure on Environmental Norms and Upward Harmonization111
Pt. IIIThe North American Agreement on Environmental Cooperation119
Ch. 5Why a North American Agreement on Environmental Cooperation?121
Ch. 6Institution Building: Creation of the North American Environmental Commission131
Pt. IVDispute Settlement: The Effectiveness of Domestic Environmental Enforcement171
Ch. 7A Strictly Intergovernmental Process175
Ch. 8What Is an Environmental Law?184
Ch. 9Legal Standard for Enforcement Diligence: What Is Ineffective Environmental Enforcement?193
Ch. 10Sanctions for Noncompliance211
Ch. 11A Special Regime for Canada224
Ch. 12Assessment of NAAEC Dispute Settlement Procedure237
Pt. VConclusion241
Ch. 13NAFTA/NAAEC and the Environmental Agenda of Trade245
Ch. 14Redefining National Sovereignty in the Hemisphere256
Appendixes277
Bibliography and Further Reference Sources379
Index403

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