NAFTA and the Environment

Name: NAFTA and the Environment
Brand: Kluwer Law International
Price: 550.99 EUR
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Seymour J. Rubin Dean C. Alexander(Herausgeber*in)

Kluwer Law International (Verlag)

Erschienen am 1. September 1996

622 Seiten

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Cover
Half Title Page
Editorial Board
Title Page
Copyright Page
Table of Contents
INTRODUCTION
GREEN" LANGUAGE IN THE NAFTA: RECONCILING FREE TRADE AND ENVIRONMENTAL PROTECTION
1. THE "GREENING" OF THE NAFTA
1.1 PREAMBLE
1.2 STANDARDS-RELATED MEASURES
1.3 SANITARY AND PHYTOSANITARY MEASURES
1.4 DISPUTE SETTLEMENT
1.5 PROTECTION OF INTERNATIONAL ENVIRONMENTAL AGREEMENTS (IEAs)
1.6 ENVIRONMENTAL CONSIDERATIONS IN INVESTMENT
2. BUT NOT "GREEN" ENOUGH?
2.1 THE NORTH AMERICAN AGREEMENT ON ENVIRONMENTAL COOPERATION
2.2 U.S.-MEXICO BORDER ENVIRONMENT COOPERATION AGREEMENT
3. A MODEL FOR FUTURE TRADE AGREEMENTS?
4. CONCLUSION
THE NAAEC AND ITS IMPLICATIONS FOR ENVIRONMENTAL COOPERATION, TRADE POLICY, AND AMERICAN TREATY-MAKING
1. SUMMARY OF THE NAAEC
1.1 OBLIGATIONS AND COMMITMENTS
1.2 COMMISSION FOR ENVIRONMENTAL COOPERATION
1.3 DISPUTE RESOLUTION
2. IMPLICATIONS FOR THE ENVIRONMENT
2.1 NAAEC AS COOPERATIVE INSTITUTION
2.2 ENVIRONMENTAL GOALS AND TARGETS
2.3 OTHER CLAIMS
3. IMPLICATIONS FOR TRADE POLICY
3.1 PROSPECTS FOR SANCTIONS
3.2 OTHER IMPLICATIONS
4. IMPLICATIONS FOR AMERICAN TREATY-MAKING
4.1 TREATIES AND THE CONSTITUTION
4.2 COMMITMENTS UNDER THE NAAEC
4.3 IMPLICATIONS FOR FUTURE TREATIES
5. CONCLUSION
THE TRANSFORMATION OF ENVIRONMENTAL ENFORCEMENT COOPERATION BETWEEN MEXICO AND THE UNITED STATES IN THE WAKE OF NAFTA
1. INTRODUCTION
2. JURISDICTIONAL BASES
2.1 THE UNITED STATES
2.2 MEXICO
3. THE STATUS OF ENVIRONMENTAL ENFORCEMENT WITHIN INTERNATIONAL CRIMINAL LAW
4. BACKGROUND
4.1 THE HISTORY OF U.S.-MEXICO BILATERAL COOPERATION IN ENVIRONMENTAL AFFAIRS
4.2 INTERNATIONAL AGREEMENTS TO WHICH MEXICO AND THE U.S. ARE PARTIES CONCERNING ENVIRONMENTAL ENFORCEMENT
5. KEY CROSS-BORDER ENVIRONMENTAL ISSUES
5.1 THE BORDER AREA ENVIRONMENT
5.2 AIR QUALITY
5.3 WATER QUALITY
5.4 CONTROL OF TOXIC CHEMICALS
5.5 HAZARDOUS WASTES
5.6 MUNICIPAL SOLID WASTE
5.7 CHEMICAL EMERGENCIES
5.8 WILDLIFE AND ENDANGERED SPECIES
5.9 HEALTH CONSIDERATIONS
5.10 ENVIRONMENTAL TRANSPORT ISSUES
5.11 TRADE IN AGRICULTURAL PRODUCTS
5.12 OTHER AREAS WITH POTENTIAL ENVIRONMENTAL ENFORCEMENT ISSUES
6. PROPOSALS FOR STRENGTHENING COMPLIANCE: THE INTEGRATED BORDER PLAN
6.1 REVIEW OF U.S.-MEXICO ENVIRONMENTAL ISSUES
6.2 ENFORCEMENT COOPERATION OF INTEGRATED ENVIRONMENTAL BORDER PLAN
6.3 ENVIRONMENTAL/HEALTH STANDARDS AND/OR ENFORCEMENT COOPERATION ARISING OUT OF NAFTA NEGOTIATIONS
6.4 ANALYSIS
7. CRIMINAL AND QUASI-CRIMINAL ENFORCEMENT OF ENVIRONMENTAL LAWS AND REGULATIONS
7.1 U.S. ENFORCEMENT POLICES AND PRACTICES
7.2 MEXICO ENFORCEMENT POLICIES AND PRACTICES
7.3 COOPERATIVE ENFORCEMENT EFFORTS
7.4 ENFORCEMENT TRAINING
8. THE NORTH AMERICA FREE TRADE AGREEMENT (NAFTA)
9. ANALYSIS
9.1 INCREASING RESOURCES
9.2 ENVIRONMENTAL STANDARDS
9.3 GENERAL EXCEPTIONS FOR HEALTH, NATURAL RESOURCE AND ENVIRONMENTAL MEASURES
9.4 THE NEED FOR STRENGTHENED ENFORCEMENT MECHANISMS
9.5 CREATION OF A COMMISSION ON TRADE AND THE ENVIRONMENT
9.6 Improved Cooperation on Trade in and Protection of Endangered Species
9.7 STRENGTHENING ENFORCEMENT AND PROTECTION OF MARITIME BORDER WITH MEXICO
9.8 THE CREATION OF A REGIONAL ENVIRONMENTAL ENFORCEMENT REGIME
9.9 PUBLIC PARTICIPATION IN BILATERAL ENVIRONMENTAL ENFORCEMENT
10. SUMMARY AND CONCLUSION
THE INJUSTICE OF ENVIRONMENTAL JUSTICIABILITY: PUBLIC CITIZEN v. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
1. INTRODUCTION
2. STATUTORY AND JUDICIAL OBSTACLES ENCOUNTERED IN THE PUBLIC CITIZEN LITIGATION AND THE LINK BETWEEN TRADE AND THE ENVIRONMENT
2.1 STATUTES IMPLICATED IN THE PUBLIC CITIZEN LITIGATION
2.2 JUSTICIABILITY DOCTRINES IMPLICATED IN THE PUBLIC CITIZEN LITIGATION
2.3 TREATIES IMPLICATED IN THE PUBLIC CITIZEN LITIGATION
3. DISCUSSION OF THE PUBLIC CITIZEN CASES
3.1 THE DECISION IN PUBLIC CITIZEN I
3.2 THE DECISION IN PUBLIC CITIZEN II
4. THE COURT OF APPEALS' NARROW INTERPRETATION OF FINAL AGENCY ACTION IN PUBLIC CITIZEN II THWARTS CONGRESSIONAL INTENT WITH RESPECT TO NEPA AND ESTABLISHES THE WRONG PRECEDENT FOR FUTURE HARMONY BETWEEN TRADE AND THE ENVIRONMENT
4.1 THE COURT OF APPEALS ERRED IN FINDING A LACK OF FINAL AGENCY ACTION IN PUBLIC CITIZEN II
4.2 THE COURT OF APPEALS OUGHT TO HAVE RULED THE ISSUE IN PUBLIC CITIZEN II JUSTICIABLE
5. CONCLUSION
THE LEGAL FRAMEWORK FOR ENVIRONMENTAL REGULATION UNDER THE NORTH AMERICAN FREE TRADE AGREEMENT
1. ENVIRONMENTAL PROVISIONS OF NAFTA
1.1 PREAMBLE
1.2 EXEMPTION FOR INTERNATIONAL AGREEMENTS
1.3 ENCOURAGEMENT OF FOREIGN INVESTMENT
1.4 SANITARY AND PHYTOSANITARY MEASURES
1.5 STANDARDS-RELATED MEASURES
1.6 HARMONIZATION
1.7 DISPUTE RESOLUTION
1.8 ASSESSMENT OF NAFTA's ENVIRONMENTAL PROVISIONS
2. THE ENVIRONMENTAL SIDE AGREEMENT
2.1 PREAMBLE AND OBJECTIVES
2.2 ENVIRONMENTAL EDUCATION, PROMOTION, CONSULTATION
2.3 DISPUTE RESOLUTION
2.4 PENALTIES
2.5 ANCILLARY INITIATIVES
2.6 ASSESSMENT OF THE SIDE AGREEMENT
3. EFFECT OF NAFTA AND THE ENVIRONMENTAL SIDE AGREEMENT ON TRADE RELATIONS WITH OTHER COUNTRIES
3.1 IMPACT ON CARIBBEAN NATIONS
THE NORTH AMERICAN AGREEMENT ON ENVIRONMENTAL COOPERATION: A CANADIAN PERSPECTIVE
1. THE CANADIAN FEDERAL STRUCTURE AND THE ENVIRONMENT: AN OVERVIEW
2. THE NAAEC NEGOTIATED
3. ANNEX 41, THE ROLE OF PROVINCES AND THE CANADIAN DECLARATION
3.1 CANADIAN COMPLAINTS OF A "PERSISTENT PATTERN OF FAILURE TO ENFORCE" IN THE US OR MEXICO
3.2 US AND MEXICAN COMPLAINTS OF A "PERSISTENT PATTERN OF FAILURE TO ENFORCE" IN CANADA
4. APPLICABILITY TO CANADIAN ENVIRONMENTAL LAWS
4.1 STATUTES
4.2 SPECIFIC REGULATIONS AND PROVISIONS
4.3 THE NATURAL RESOURCES MANAGEMENT EXCEPTION
5. ENFORCEMENT IN CANADA
5.1 EFFECTIVE ENFORCEMENT
5.2 PERSISTENT PATTERN
5.3 THE EFFECTS OF ENFORCEMENT IN CANADA
6. CONCLUSION
THE LIMITS OF FREE TRADE: SOVEREIGNTY, ENVIRONMENTAL PROTECTION, AND NAFTA
1. SOVEREIGNTY AND TRADE
2. ENVIRONMENT AND TRADE
3. SCENARIO
4. EXAMPLES OF THE TRADE-ENVIRONMENT CONFLICT
4.1 ENVIRONMENT AND TRADE IN NAFTA
5. ACCOMMODATING TRADE AND ENVIRONMENTAL PROTECTION
5.1 DISPUTE RESOLUTION MECHANISMS AND ENVIRONMENTAL ISSUES
5.2 HARMONIZATION OF ENVIRONMENTAL STANDARDS
6. ACCOMMODATING TRADE AND ENVIRONMENTAL PROTECTION IN NAFTA
7. CONCLUSION
ENVIRONMENTAL ASPECTS OF BUILDING A FACILITY IN NORTHERN MEXICO
1. INTRODUCTION
2. MEXICAN ENVIRONMENTAL REGULATORY STRUCTURE
2.1 MINISTRY OF ENVIRONMENT, NATURAL RESOURCES AND FISHERIES
2.2 OTHER REGULATORY AUTHORITIES
2.3 LEGISLATIVE AUTHORITIES
2.4 INSPECTIONS AND OVERSIGHT
2.5 ADMINISTRATIVE APPEAL
2.6 SANCTIONS FOR NON-COMPLIANCE
3. MEXICAN ENVIRONMENTAL LEGISLATION
3.1. THE GENERAL LAW OF ECOLOGICAL EQUILIBRIUM AND ENVIRONMENTAL PROTECTION (THE GENERAL LAW)
3.2 REGULATIONS TO THE GENERAL ENVIRONMENTAL LAW
3.3 MEXICAN OFFICIAL STANDARDS (NOMs)
3.4 THE MAQUILADORA DECREE
4. ENVIRONMENTAL COMPLIANCE ISSUES
4.1 ENVIRONMENTAL IMPACT
4.2 AIR
4.3 WATER
4.4 HAZARDOUS WASTE
4.5 WORKPLACE HEALTH AND SAFETY STANDARDS
4.6 NOISE, VIBRATION, THERMAL & LUMINOUS ENERGY, ODORS AND VISUAL POLLUTION
5. MEXICO'S INTERNATIONAL ENVIRONMENTAL TREATIES AND AGREEMENTS
5.1 NAFTA
5.2 COMMISSION FOR ENVIRONMENTAL COOPERATION
5.3 THE BECC ADVISORY COUNCIL
5.4 THE JOINT PUBLIC ADVISORY COUNCIL
5.5 THE BORDER ENVIRONMENT COMMISSION AND THE NORTH AMERICAN DEVELOPMENT BANK
5.6 U.S.-MEXICO ENVIRONMENTAL AGREEMENTS
5.7 INTERNATIONAL AGREEMENTS
NAFTA & THE ENVIRONMENT: IMPACTS ON DOING BUSINESS IN MEXICO
1. INTRODUCTION
2. NAFTA'S ENVIRONMENTAL SIDE AGREEMENTS
3. NAFTA ENVIRONMENTAL PROVISIONS WITH A DIRECT IMPACT ON MEXICAN BUSINESS
4. IMPACT OF U.S. ENVIRONMENTAL LAWS ON MEXICAN BUSINESS
5. CONSIDERATIONS FOR DOING BUSINESS ALONG THE BORDER WITH THE UNITED STATES
6. APPLICATION OF MEXICAN ENVIRONMENTAL LAW AND IMPLEMENTATION OF NAFTA'S ENVIRONMENTAL PROVISIONS
7. ZEDILLO'S ENVIRONMENTAL AGENDA
8. CONCLUSION
NAFTA: ENVIRONMENTAL NEEDS AND INFRASTRUCTURE IN MEXICO
1. INTRODUCTION
2. A NEED FOR ENVIRONMENTAL INTEGRATION UNDER NAFTA
3. ENVIRONMENTAL REGULATIONS IN MEXICO
4. WATER AVAILABILITY: A CRITICAL ISSUE FOR MEXICO'S ECONOMIC DEVELOPMENT
5. ENVIRONMENTAL QUALITY
5.1. GENERATION OF SOLID WASTE
5.2 WASTEWATER
5.3 TRANSBOUNDARY AIR POLLUTION
6. ENERGY AND THE ENVIRONMENT
6.1 FUELS AND AIR POLLUTANT EMISSIONS
6.2 ENVIRONMENTAL IMPERATIVES AFFECTING POWER GENERATION IN MEXICO
7. CLIMATE CHANGE
8. ENVIRONMENTAL IMPACT AND RISK ASSESSMENT
9. ENVIRONMENTAL INFRASTRUCTURE
10. ENVIRONMENTAL TECHNOLOGY
10.1 IMPACT OF CLEAN TECHNOLOGIES
10.2 INTELLECTUAL PROPERTY
11. ENVIRONMENTAL COOPERATION
12. ENVIRONMENTAL EDUCATION AND TRAINING
12.1 MAIN DRIVERS FOR ENVIRONMENTAL EDUCATION
12.2 AREAS FOR ENVIRONMENTAL EDUCATION PROGRAMS
12.3 PRIORITY SECTORS FOR ENVIRONMENTAL EDUCATION
12.4 THE NEED FOR THE IMPLEMENTATION OF SUSTAINABLE BUILDING CONCEPTS, CRITERIA AND DESIGN CODES FOR HOMES, OFFICES, AND COMMERCIAL BUILDINGS AS WELL AS COMMUNITIES AND CITIES
13. ENVIRONMENTAL POLICY
14. CONCLUSION
15. REFERENCES
UNCERTAIN ELECTION OUTCOME CLOUDS THE FUTURE OF ENVIRONMENTAL POLICY
ENVIRONMENTAL POLICY PART OF OPPOSITION'S POLITICAL AND ECONOMIC AGENDA
1. PAN
2. PRD
BLUEPRINT FOR MEXICO'S ENVIRONMENTAL PROGRAMS FAVORS RESOURCE CONSERVATION
CHILE'S ENVIRONMENTAL FRAMEWORK LAW: CONSIDERATIONS FOR FOREIGN INVESTORS
1. INTRODUCTION
2. OVERVIEW OF CHILE'S FOREIGN INVESTMENT REGIME
2.1 DECREE LAW 600
2.2 FOREIGN INVESTMENT APPROVAL PROCEDURES
2.3 REPATRIATION OF PROFITS AND CAPITAL, AND FOREIGN EXCHANGE
3. CHILE'S CURRENT ENVIRONMENTAL PROTECTION REGIME
4. OVERVIEW OF CHILE'S ENVIRONMENTAL FRAMEWORK LAW NO. 19.300 OF 1994
5. ENVIRONMENTAL IMPACT EVALUATION PROCEDURE UNDER LAW NO. 19.300
5.1 PROJECTS AND ACTIVITIES REQUIRING ENVIRONMENTAL IMPACT REVIEW
5.2 ENVIRONMENTAL IMPACT STUDY
5.3 ENVIRONMENTAL IMPACT DECLARATION
5.4 COMMUNITY PARTICIPATION IN THE ENVIRONMENTAL IMPACT EVALUATION
6. SOURCES OF GUIDANCE PENDING PUBLICATION OF THE NEW REGULATIONS
6.1 PRESIDENTIAL INSTRUCTIONS TO PUBLIC BODIES AND ADMINISTRATIVE AGENTS
6.2. STANDARDS AND PROCEDURES UNDER THE FOREIGN INVESTOR'S NATIONAL LAWS
7. CONCLUSION
SEEKING REDRESS FOR ENVIRONMENTAL HARM IN THE CONTEXT OF TRANSBOUNDARY POLLUTION: REMEDIES, ACCESS, AND CHOICE OF LAW CONSIDERATIONS
1. INTRODUCTION
2. INTERNATIONAL TREATIES AND TRADE AGREEMENTS
2.1 CONVENTIONS ON LIABILITY FOR OIL POLLUTION
2.2 THE BASEL CONVENTION
2.3 GENERAL AGREEMENT ON TARIFFS AND TRADE ("GATT")
2.4 NAFTA AND THE NORTH AMERICAN AGREEMENT ON ENVIRONMENTAL COOPERATION
2.5 THE CANADA-U.S. FREE TRADE AGREEMENT
2.6 OTHER AGREEMENTS
3. COMMON LAW REMEDIES
3.1 PRIVATE AND PUBLIC NUISANCE
3.2 RIPARIAN RIGHTS
3.3 RYLANDS V. FLETCHER
3.4 TRESPASS
3.5 NEGLIGENCE
4. ENVIRONMENTAL BILLS OF RIGHTS AND CLASS ACTIONS
4.1 THE EBR AND THE PUBLIC/PRIVATE NUISANCE DISTINCTION
4.2 CLASS PROCEEDINGS IN ONTARIO
5. ADDITIONAL CONSIDERATIONS
5.1 CONFLICT OF LAWS
5.2 ACCESS TO CANADIAN COURTS BY NON-NATIONALS
5.3 THE CANADIAN "LOCAL ACTION" RULE
5.4 TOLOFSON
GAGNON: THE CHOICE OF LAW
5.5 STATUTORY AUTHORITY
6. CONCLUDING COMMENTS
REGIONAL TRENDS IN INTERNATIONAL LAW AND DOMESTIC ENVIRONMENTAL LAW: THE INTER-AMERICAN HEMISPHERE
1. INTRODUCTION
2. EVOLUTION OF ENVIRONMENTAL LAW FROM THE NATIONAL PERSPECTIVE (OR DOMESTIC ENVIRONMENTAL LAW IN THE HEMISPHERE)
2.1 CONSTITUTIONAL PROTECTION OF ENVIRONMENTAL RIGHTS AND DUTIES (DIFFERENT PHASES ON THE CONSTITUTIONAL REGULATION BY COUNTRIES OF THE HEMISPHERE)
2.2 JUDICIAL DECISIONS ON THE PROTECTION OF THE ENVIRONMENT
2.3 ENACTMENT OF ENVIRONMENTAL LEGISLATION AND ADMINISTRATIVE REGULATIONS
2.4 OTHER SPECIAL FEATURES AND FACTORS EMPHASIZED BY THE VARIOUS LAWS
2.5 PERSPECTIVES FOR COMPLIANCE, IMPLEMENTATION, AND ENFORCEMENT (CIF)
3. EVOLUTION OF ENVIRONMENTAL LAW FROM THE INTERNATIONAL PERSPECTIVE (OR REGIONAL INTERNATIONAL ENVIRONMENTAL LAW)
3.1 SPECIAL FEATURES AND FACTORS EMPHASIZED BY INTERNATIONAL (INTER-AMERICAN) ORGANIZATIONS AND BY INTERNATIONAL (INTER-AMERICAN) INSTRUMENTS
3.2 OTHER CONSIDERATIONS ON THE TOPIC
3.3 SOME AREAS OF MOST EFFECTIVE AND RAPID REGIONAL EVOLUTION, CONCERN
3.4 AREAS OF LESS EFFECTIVE IMPACT SO FAR AT THE REGIONAL LEVEL
4. SOME REGIONAL DATA THAT MAKE HARMONIZATION, INTEGRATION, AND STANDARDIZATION POSSIBLE AND ACHIEVABLE
5. SUPPORTIVE DOCUMENT ATTACHED UNDER ANNEX II SHOWS THE MOST CURRENT CHALLENGES THAT REGIONAL INTERNATIONAL ENVIRONMENTAL LAW FACES
6. CLOSING REMARKS
ANNEX I ON THE CHILEAN BASIC ENVIRONMENTAL ACT
ANNEX II ON A CURSORY EXAMINATION OF SOME ENVIRONMENTAL NEEDS OF THE ANDEAN REGION
SELECTED BIBLIOGRAPHY ON NAFTA AND THE ENVIRONMENT, TRADE AND THE ENVIRONMENT, AND ENVIRONMENTAL ISSUES IN NORTH AMERICA
NORTH AMERICAN AGREEMENT ON ENVIRONMENTAL COOPERATION
PREAMBLE
PART ONE OBJECTIVES
Article 1: Objective
PART TWO OBLIGATIONS
Article 2: General Commitments
Article 3: Levels of Protection
Article 4: Publication
Article 5: Government Enforcement Action
Article 6: Private Access to Remedies
Article 7: Procedural Guarantees
PART THREE COMMISSION FOR ENVIRONMENTAL COOPERATION
Article 8: The Commission
SECTION A: THE COUNCIL
Article 9: Council Structure and Procedures
Article 10: Council Functions
SECTION B: THE SECRETARIAT
Article 11: Secretariat Structure and Procedures
Article 12: Annual Report of the Commission
Article 13: Secretariat Reports
Article 14: Submissions on Enforcement Matters
Article 15: Factual Record
SECTION C: ADVISORY COMMITTEE
Article 16: Joint Public Advisory Committee
Article 17: National Advisory Committee
Article 18: Governmental Committees
SECTION D: OFFICIAL LANGUAGES
Article 19: Official Languages
PART FOUR COOPERATION AND PROVISION OF INFORMATION
Article 20: Cooperation
Article 21: Provision of Information
PART FIVE CONSULTATION AND RESOLUTION OF DISPUTES
Article 22: Consultations
Article 23: Initiation of Procedures
Article 24: Request for an Arbitral Panel
Article 25: Roster
Article 26: Qualifications of Panelists
Article 27: Panel Selection
Article 28: Rules of Procedure
Article 29: Third Party Participation
Article 30: Role of Experts
Article 31: Initial Report
Article 32: Final Report
Article 33: Implementation of Final Report
Article 34: Review of Implementation
Article 35: Further Proceeding
Article 36: Suspension of Benefits
PART SIX GENERAL PROVISION
Article 37: Enforcement Principle
Article 38: Private Rights
Article 39: Protection of Information
Article 40: Relation to Other Environmental Agreements
Article 41: Extent of Obligations
Article 42: National Security
Article 43: Funding of the Commission
Article 44: Privileges and Immunities
Article 45: Definitions
PART SEVEN FINAL PROVISIONS
Article 46: Annexes
Article 47: Entry into Force
Article 48: Amendments
Article 49: Accession
Article 50: Withdrawal
Article 51: Authentic Texts
ANNEX 34 MONETARY ENFORCEMENT ASSESSMENTS
ANNEX 36A CANADIAN DOMESTIC ENFORCEMENT AND COLLECTION
ANNEX 36B SUSPENSION OF BENEFITS
ANNEX 41 EXTENT OF OBLIGATIONS
ANNEX 45 COUNTRY-SPECIFIC DEFINITIONS
ABOUT THE AUTHORS
ACKNOWLEDGEMENTS
INDEX
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