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

28 Pages Posted: 31 Jul 2006

See all articles by Michael J. Kelly

Michael J. Kelly

Creighton University School of Law; American Bar Association, Business Law Section; American Society of International Law

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

Suggested Citation

Kelly, Michael J., Bringing a Complaint Under the NAFTA Environmental Side Accord: Difficult Steps Under a Procedural Paper Tiger, But Movement in the Right Direction. Pepperdine Law Review, Vol. 24, No. 71, 1996. Available at SSRN: https://ssrn.com/abstract=921237

Michael J. Kelly (Contact Author)

Creighton University School of Law ( email )

2500 California Plaza
Omaha, NE 68178
United States
402-280-3455 (Phone)
402-280-2244 (Fax)

HOME PAGE: http://www.creighton.edu/law/faculty/kelly/index.php

American Bar Association, Business Law Section ( email )

321 North Clark Street
Chicago, IL 60610
United States

American Society of International Law

2223 Massachusetts Avenue, NW
Washington, DC 20008
United States
202-939-6000 (Phone)

HOME PAGE: http://www.asil.org/

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