This article will follow a deductive approach in order to comprehend the intricacies involved in the NAFTA and NAAEC's environmental provisions. It will also contextualize the inseparable relationship between environmental protection and trade which is depicted in these agreements. Part I will review and analyze the NAFTA's environmental provisions, focusing on their relevant mechanisms, nexus to trade, and shortcomings. In Part II, the uniqueness and effectiveness of the formula developed to reconcile trade and the environment in the form of the NAAEC will be introduced. Part III is divided into three categories: the Commission for Environmental Cooperation ("CEC"), Dispute Resolution Mechanisms, and the Submission Process under the NAAEC. Here, each subsection's viability in ensuring that member nations dutifully enforce their environmental laws is examined, as well as each component's efficiency in monitoring the efforts made by the Parties to reach the NAAEC's goals. Part III will consider the mandate and operations of the NAAEC and its relevant elements, the Parties and the CEC, while defining the flaws and virtues of the NAAEC. Finally, Part IV will suggest revisions to particular sections of the NAFTA and NAAEC in light of the North American experience regarding environmental protection and trade since 1994.
Nicole A. Kleman,
North American Environment and Its Linkages to Trade,
Rich. J.L. & Pub. Int.
Available at: https://scholarship.richmond.edu/jolpi/vol3/iss3/3