Greening Nafta

by Markell, David L.; Knox, John H.

• ISBN13: 9780804746045
• ISBN10: 0804746044
• Format: Hardcover
• Copyright: 2003-09-01
• Publisher: Stanford Law & Politics

Summary

In 1993, environmental objections to NAFTA resulted in the establishment of the North American Commission for Environmental Cooperation (CEC), the first international organization created to address issues related to trade and the environment. The CEC is also the first regional environmental agency in North America with innovative tools, almost unlimited jurisdiction, and unprecedented opportunities for participation by civil society at the international level. The lessons to be drawn from the CEC's experience should be of great value to all those interested in environmental protection and economic integration, regional and global environmental organizations, and participation of civil society in international policy. Surprisingly, however, the CEC has received little scholarly attention, to date. This book is intended to fill that gap by providing a comprehensive analysis of how the organization has fulfilled, or failed to fulfill, its mandates.

Author Biography

David L. Markell is the Steven M. Goldstein Professor of Law at the Florida State University College of Law. He served as the first Director of the CEC Secretariat’s Submissions on Enforcement Matters Unit. John H. Knox is Associate Professor of Law, Dickinson School of Law, Pennsylvania State University. From 1988 to 1994, he served as an attorney-adviser at the U.S. State Department, where he participated in the negotiations that led to the creation of the CEC.

Table of Contents

List of Illustrations and Tables	ix
Acknowledgments	xi
Foreword, by Edith Brown Weiss	xiii
1. The Innovative North American Commission for Environmental Cooperation
JOHN H. KNOX AND DAVID L. MARKELL	1	(24)
Part 1. Regional Solutions to Regional Problems?
2. The CEC Cooperative Program of Work
A North American Agenda for Action
GREG BLOCK	25	(13)
3. North American Pollutant Release and Transfer Registries
A Case Study in Environmental Policy Convergence
MARK S. WINFIELD	38	(19)
4. The CEO's Biodiversity Conservation Agenda
ROBERT L. GLICKSMAN	57
5. The CEC and Transboundary Pollution
JOHN H. KNOX	50	(51)
Part 2. Trade and Environment in North America
6. The CEO's Trade and Environment Program
Cutting-Edge Analysis but Untapped Potential
MARY E. KELLY AND CYRUS REED	101	(16)
7. The CEC and Environmental Quality
Assessing the Mexican Experience
KEVIN P. GALLAGHER	117	(16)
8. The Environmental Impact of Mexican Manufacturing Exports under NAFTA
CLAUDIA SCHATAN	133	(19)
9. Corn in NAFTA Eight Years After
Effects on Mexican Biodiversity
ALEJANDRO NADAL	152	(21)
10. Protecting Investors, Protecting the Environment
The Unexpected Story of NAFTA Chapter 11
SANFORD E. GAINES	173	(26)
Part 3. Toward An International Civil Society
11. Perspectives on the Joint Public Advisory Committee
JOHN D. WIRTH	199	(18)
12. Coordinating Land and Water Use in the San Pedro River Basin
What Role for the CEC?
A. DAN TARLOCK AND JOHN E. THORSON	217	(20)
13. Trade and the Environment
The Issue of Transparency
DONALD MCRAE	237	(19)
14. Citizen Submissions and Treaty Review in the NAAEC
KAL RAUSTIALA	256	(18)
15. The CEC Citizen Submissions Process
On or Off Course?
DAVID L. MARKELL	274
16. Conclusions
JOHN H. KNOX AND DAVID L. MARKELL	299	(14)
List of Contributors	313	(6)
Index	319