Bringing a Complaint Under the NAFTA Environmental Side Accord: Difficult Steps Under a Procedural Paper Tiger, But Movement in the Right Direction

Abstract

The NAFTA Environmental Side Accord provides for environmental disputes to be negotiated and litigated among the NAFTA partners (U.S., Canada, and Mexico). The process for dispute settlement is cumbersome and political, but cases are beginning to come forward and the system is being tested. The extent to which real environmental protection can be achieved via the means provided is questionable, but the public awareness raised through this process may prove significant enough to make a positive impact.

Keywords: NAFTA, environmental protection, environmental side accord, Mexico, Canada, dispute settlement, international litigation, transnational litigation, Council for Environmental Cooperation, North American Free Trade Agreement, maquiladora

JEL Classification: K33