NAFTA and Sustainable Development - History, Experience, and Prospects for Reform

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. - Includes perspectives from authors in all three member states as well as from academic, regulatory, and professional backgrounds - Provides up-to-date analysis on a range of issues from the use of bioengineered crops in Mexico to water policy, climate change, and indigenous rights - Recommendations for improvement are widely applicable as international cooperation on environmental goals increases

Part I. Process – NAFTA and NAAEC: 1. Forgotten promises: neglected environmental provisions of the NAFTA and the North American Agreement on Environmental Cooperation Geoffrey Garver 2. Should citizens expect procedural justice in nonadversarial processes? Spotlighting the regression of the citizen submission process from NAAEC to CAFTA-DR Giselle Davidian 3. Choosing the right whistle: the development of the concept of environmental law under the citizen submissions process Paolo Solano 4. Pending proceedings in the new guidelines for submissions on enforcement matters: an improved regression? Montserrat Rovalo 5. Form over substance: procedural hurdles to the NAAEC citizen submission process Leslie Welts Part II. Specific Environmental Issues under NAFTA and NAAEC: 6. Downward harmonization: Mexico's industrial livestock revolution Pamela Vesilind 7. Agricultural biotechnology and NAFTA: analyzing the impacts of US and Canadian policies on Mexico's environment and agriculture Laurie Beyranevand 8. Assessing assessments of NAFTA's marine environment: the commission for environmental cooperation meets the World Ocean Assessment Betsy Baker 9. Sustainable development, NAFTA, and water Katia Opalka 10. Indigenous peoples in North America: bridging the trade and environment gap to ensure sustainability under NAFTA and NAAEC Nicole Schabus 11. Climate change, sustainable development, and NAFTA: regional policy harmonization as a basis for sustainable development Freedom-Kai Phillips 12. The principle of public participation in NAFTA chapter 11 disputes Avidan Kent 13. Preventing environmental deterioration from international trade and investment: how China can learn from NAFTA's experience to strengthen domestic environmental governance and ensure sustainable development Danni Liang and Jingjing Liu Part III. Proposals for Reform and Lessons Going Forward: 14. Pathways of influence in the NAFTA regime and their implications for domestic environmental policy-making in North America Sébastien Jodoin 15. The citizen submissions process in the North American Agreement on Environmental Cooperation: theory and practice in deliberative democratic institutional design for transnational institutions Hoi L. Kong 16. Assessing ENGO influence in North American environmental politics: the double grid framework Raul Pacheco-Vega.