ABSTRACT

Soft Teeth in the Back of the Mouth: The NAFTA Environmental Side Agreement Implemented

By Joseph F. DiMento and Pamela M. Doughman

Objections to predicted negative environmental impacts of the North American Free Trade Agreement (NAFTA) led to a separate set of negotiations, and the creation of a side agreement on the environment. The North American Agreement on Environmental Cooperation (the Agreement or NAAEC) has been criticized both for being too lax as well as overprotective. This article provides a comprehensive analysis of the creation of the Agreement, as well as an overview of the goals, objectives, activities and obligations resulting from implementation of the Agreement. Particular attention is paid to the activities of the Commission on Environmental Cooperation (CEC) as created by the Agreement. This includes original survey data combined with interviews of stakeholders and those witness to implementation of the Agreement by the CEC, providing a descriptive analysis of the Agreement in its first two years of operation. In addition, the Agreement is analyzed by comparing and contrasting five factors linked to the success of international agreements. In conclusion, the Agreement on the whole is seen as an impressive example of an innovative initiative in international environmental cooperation, and while some aspects of implementation are admittedly problematic, this may be remedied by increasing the transparency of, and public access to CEC activities; increasing political commitment to meeting the Agreement's goals; enhancing the powers and authority of the CEC; and achieving greater focus in carrying out the Agreement's activities.