Status of Bulk Water Exports Under NAFTA

14 Pages Posted: 1 Apr 2015

Date Written: March 31, 2015

Abstract

The North American Free Trade Agreement ("NAFTA") went into effect on New Year’s Day 1994. The signatory members are the United States, Mexico, and Canada. While the purpose of NAFTA is to promote investment in those regions, the treaty does not establish whether water is a saleable good. The text neither mentions the word "water," nor does it expressly prohibit transactions involving water. This terse dichotomy leads to the following issue.

Can freshwater reserves be extracted for sale or preserved as natural resources?

Suggested Citation

Sahni, Binda, Status of Bulk Water Exports Under NAFTA (March 31, 2015). University of Miami International & Comparative Law Review, Vol. 22, No. 1, 2014, Available at SSRN: https://ssrn.com/abstract=2587798

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