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The environment and NAFTA: understanding and implementing the new continental law

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Abstract

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 North American Agreement on Environmental Cooperation (NAAEC). The authors 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. 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.

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What this paper is about

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 North American Agreement on Environmental Cooperation (NAAEC). The authors 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. 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.

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Available abstract

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 North American Agreement on Environmental Cooperation (NAAEC). The authors 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. 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.

Key concepts: Negotiation, International trade, Context (archaeology), Political science, Environmental law, Free trade, International trade law, International law

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