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The Environment and NAFTA : Understanding And Implementing The New Continental Law - Pierre-Marc Johnson

The Environment and NAFTA

Understanding And Implementing The New Continental Law

Paperback Published: 1st December 1995
ISBN: 9781559634687
Number Of Pages: 430

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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: the provisions of NAFTA that affect environmental policies and their implementation the origins of the NAAEC and the legal regime it creates for improving environmental management in North America preliminary conclusions on the environmental record of NAFTA/NAAEC suggestions on how to ensure that the new institutions and procedures translate into concrete environmental gains 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.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.

Introductionp. 1
The Context of NAFTA and NAAECp. 7
Historical and Regional Contextp. 9
Trade and Environment: Issues for the 1990sp. 35
Environmental Content in the Main Treaty Textp. 65
NAFTA and the Ability of Governments to Legislate in Favor of the Environmentp. 69
NAFTA's Downward Pressure on Environmental Norms and Upward Harmonizationp. 111
The North American Agreement on Environmental Cooperationp. 119
Why a North American Agreement on Environmental Cooperation?p. 121
Institution Building: Creation of the North American Environmental Commissionp. 131
Dispute Settlement: The Effectiveness of Domestic Environmental Enforcementp. 171
A Strictly Intergovernmental Processp. 175
What Is an Environmental Law?p. 184
Legal Standard for Enforcement Diligence: What Is Ineffective Environmental Enforcement?p. 193
Sanctions for Noncompliancep. 211
A Special Regime for Canadap. 224
Assessment of NAAEC Dispute Settlement Procedurep. 237
Conclusionp. 241
NAFTA/NAAEC and the Environmental Agenda of Tradep. 245
Redefining National Sovereignty in the Hemispherep. 256
Appendixesp. 277
Bibliography and Further Reference Sourcesp. 379
Indexp. 403
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781559634687
ISBN-10: 1559634685
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 430
Published: 1st December 1995
Publisher: ISLAND PR
Country of Publication: US
Dimensions (cm): 22.9 x 15.3  x 3.0
Weight (kg): 0.59
Edition Number: 2