NAFTA's Chapter 11 and the Environment

NAFTA's Chapter 11 and the Environment PDF Author: Howard Lawrence Mann
Publisher:
ISBN:
Category : Environmental policy
Languages : en
Pages : 98

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NAFTA's Chapter 11 and the Environment

NAFTA's Chapter 11 and the Environment PDF Author: Howard Lawrence Mann
Publisher:
ISBN:
Category : Environmental policy
Languages : en
Pages : 98

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Book Description


NAFTA's Chapter 11 and the Environment: Addressing the Impacts of the Investor-State Processon the Environment

NAFTA's Chapter 11 and the Environment: Addressing the Impacts of the Investor-State Processon the Environment PDF Author: Mann
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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NAFTA's Chapter 11 and the Environment: A Discussion Paper for the CEC's Public Workshop on NAFTA's Chapter 11

NAFTA's Chapter 11 and the Environment: A Discussion Paper for the CEC's Public Workshop on NAFTA's Chapter 11 PDF Author: Cosbey
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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NAFTA and the Environment

NAFTA and the Environment PDF Author: Gary Clyde Hufbauer
Publisher: Peterson Institute
ISBN: 9780881322996
Category : Business & Economics
Languages : en
Pages : 100

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Book Description
Air and water pollution blighted northern Mexican cities long before the North American Free Trade Agreement (NAFTA) was a glimmer on the political horizon. Not surprisingly, when NAFTA became a political reality, environmentalists argued that commercial competition would weaken environmental standards in Canada and the United States and industrial growth in Mexico would further damage its weak environmental infrastructure. NAFTA's huge success in expanding free trade has concentrated population and environmental abuse at the US-Mexico border where it is most visible to Americans. Many environmental groups blame NAFTA and, drawing on its experience, now oppose new trade initiatives.Does the NAFTA record on the environment since 1994 justify its criticism? In this seven-year analysis, the authors review NAFTA's environmental provisions, including a side accord--the North American Agreement on Environmental Cooperation (NAAEC), the situation at the US-Mexican border, and the trends in North American environmental policy. They emphasize that the environmental problems of North America were not the result of NAFTA and the NAAEC was not devised to address all of them. The authors recommend ways to better NAFTA's environmental dimension in all three countries, and improve living conditions where economic growth is greatest--at the US-Mexican border. It makes more sense to tackle the shortcomings than to lament NAFTA and the economic growth it promotes.

NAFTA's Chapter 11 and the Environment: A Briefing Paper for the CEC's Joint Public Advisory Committee

NAFTA's Chapter 11 and the Environment: A Briefing Paper for the CEC's Joint Public Advisory Committee PDF Author: Cosbey
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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NAFTA and Sustainable Development

NAFTA and Sustainable Development PDF Author: Hoi L. Kong
Publisher: Cambridge University Press
ISBN: 1316352382
Category : Law
Languages : en
Pages : 431

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Book Description
The North American Free Trade Agreement (NAFTA) and its companion agreement, the North American Agreement on Environmental Cooperation (NAAEC), provide important and often underappreciated protection for the environmental laws of the Party states: Canada, Mexico, and the United States. On the twentieth anniversary of NAFTA's ratification, this book assesses the current state of environmental protection under those agreements. Bringing together scholars, practitioners, and regulators from all three Party states, it outlines the scope and process of NAFTA and NAAEC, their impact on specific environmental issues, and paths to reform. It includes analyses of the impact of the agreements on such matters as bioengineered crops in Mexico, assessment of marine environmental effects, potential lessons for China, climate change, and indigenous rights. Together, the chapters of this book represent an important contribution to the global conversation concerning international trade agreements and sustainable development.

Linking Trade, Environment, and Social Cohesion

Linking Trade, Environment, and Social Cohesion PDF Author: John J. Kirton
Publisher: Routledge
ISBN: 1351745352
Category : Political Science
Languages : en
Pages : 739

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Book Description
This title was first published in 2002: Focusing on the central issues of the contemporary trade-environment-social cohesion debate, this compelling book analyzes the social and environmental impacts of existing trade liberalization through the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other key regimes. It also explores new strategies for regulation and risk assessment, environmental information, standard setting, voluntary activities, sustainability assessments of trade agreements, and participation by civil society. Features include: -suggests ways in which the NAFTA model might be improved -explores the NAFTA regime with regards to its environmental and social impacts -evaluates the experience and improvement of NAFTA and how it might assist the broader international community Characterized by its meticulous scholarship and fluid style, this authoritative work is an indispensable guide for all those concerned with trade liberalization, environmental enhancement and social cohesion.

Environmental Policy Implications of Investor-State Arbitration Under NAFTA Chapter 11

Environmental Policy Implications of Investor-State Arbitration Under NAFTA Chapter 11 PDF Author: Sanford E. Gaines
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
Have investors used NAFTA Chapter 11 to thwart the fair application of environmental protection measures? Are the compensation awards discouraging governments from taking environmental protection measures they would otherwise want to take? This report empirically reviews four arbitrations under Chapter 11 to try to answer those two questions. The case studies address the first question objectively. The government paid compensation in three cases (Metalclad, Ethyl, and S.D. Myers) in which the government had little scientific information to support its action and the surrounding circumstances strongly indicate that environmental protection was a cover for local political battles and economic motivations. In the two cases against Canada, the federal government withdrew the measure in question and the underlying environmental issue later resolved itself through changes in technology and market pressures. Nine years after Metalclad filed its case against Mexico, the ecological zone declared by the state governor to block the landfill has yet to be formally created or funded, there is no modern hazardous waste disposal capacity in industrialized central Mexico, pre-existing environmental contamination at the site still has not been cleaned up, and Mexico has had to compensate a Spanish investor in a similar case. In the fourth NAFTA arbitration, Methanex (a Canadian methanol producer), the investor was held not to have a claim under Chapter 11 because the regulation affected a product made by others with methanol, not methanol itself. Moreover, the Chapter 11 tribunal concluded that California had identified a legitimate environmental problem and conducted independent scientific assessment before adopting the MTBE ban, and thus had not acted with deliberate intent to favor a domestic competitor. The answer to the second question - Is Chapter 11 "chilling" government environmental protection efforts? - is more elusive and subjective, but the report infers from the available evidence that the chilling effect, if it exists at all, is not significant. After Metalclad, Mexico improved environmental regulation with new legislation to establish a national strategy for management of hazardous waste and to improve transparency of public decision making. The circumstances in Canada are less clear, but Ethyl's fuel additive is scarcely used any more in Canada, and the handling of PCB wastes involved in S.D. Myers has shifted to technologies besides stationary incinerators. In the United States, the Methanex Chapter 11 claim did not dissuade other states from following California in banning MTBE. Moreover, the dismissal of the Methanex claim shows that Chapter 11 does not create an easy route to challenge environmental measures. After the four early cases studied here, only one Chapter 11 claim in the last five years involves substantive matters of environmental regulation. Meanwhile, the governments have made Chapter 11 procedures significantly more open and transparent.

Tantamount to Expropriation

Tantamount to Expropriation PDF Author: Eric Thomas
Publisher:
ISBN:
Category : Free trade
Languages : en
Pages : 0

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Trade Barriers to the Public Good

Trade Barriers to the Public Good PDF Author: Alex C. Michalos
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773578595
Category : Political Science
Languages : en
Pages : 695

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Book Description
The North American Free Trade Agreement (NAFTA) and the Agreement on Internal Trade (AIT) were designed to strengthen investor's rights at the expense of community rights and environmental protection. Both deals have achieved their aims. Trade Barriers to the Public Good provides a detailed examination of NAFTA and AIT cases involving MMT - a chemical additive brought into Canada by the US company Ethyl Corporation Inc. When the Canadian federal government banned the importation of MMT under the Fuel Additives Act, Ethyl Corp. filed a claim under NAFTA Chapter 11 seeking US $201 million in damages. Alex Michalos uses a case study of MMT to reveal exactly how and why quasi-judicial international dispute processes provide significantly less protection for the public interest than the routine procedures for passing an ordinary Act of Parliament. Trade Barriers to the Public Good illustrates why and how constitutionally protected democratic rights are undermined by trade deals such as the one involving MMT and, failing termination of NAFTA and AIT - the author's first choice for remedial action - recommends precise changes in dispute settlement rules that are needed to protect individuals and the environment.