Law Commons^™

Free Trade, Fair Trade, And Selective Enforcement, Timothy Meyer

Vanderbilt Law School Faculty Publications

The 2016 presidential election was one of the most divisive in recent memory, but it produced a surprising bipartisan consensus. Donald Trump, Hillary Clinton, and Bernie Sanders all agreed that U.S. trade agreements should be, but are not, “fair.” Although only achieving broad consensus recently, the critique that U.S. trade agreements are unfair has been around for decades. Since 1992, much of this fairness critique has focused on ensuring that trade liberalization does not undermine non-commercial values, such as environmental protection and labor conditions. Beginning with the negotiation and ratification of the North American Free Trade Agreement (NAFTA) in the …

Transcanada Lawsuit Highlights Need To Scuttle Tpp, Jeffrey D. Sachs, Brooke Güven, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

The Obama administration is still trying, against the odds, to push the Trans-Pacific Partnership trade and investment agreement (TPP) through the lame-duck session of Congress after the November presidential vote. The administration knows that TPP can’t pass before the election because both Hillary Clinton and Donald Trump oppose it; therefore, they are hoping for a stealth Senate vote between the election and inauguration of the new president in 2017.We can therefore “thank” TransCanada for reminding us why the TPP needs to be scuttled.

Tpp Would Let Foreign Investors Bypass The Canadian Public Interest, Lisa E. Sachs, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In early October, prime ministerial candidate Justin Trudeau promised Canadians “a full and open public debate” on the Trans-Pacific Partnership. With 30 chapters that would bind Canada to sweeping agreements on everything from services to intellectual property to the environment to procurement, there is much to debate.

Eyes Wide Shut On Isds, Lisa E. Sachs, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

Recent agreement among congressional leaders on a “fast-track” bill may have been a victory for the Obama administration’s trade agenda. However, members of congress should take a look at the recent Bilcon case, decided by a NAFTA tribunal, to understand what they are signing up for.

Evaluating Citizen Petition Procedures: Lessons From An Analysis Of The Nafta Environmental Commission, David L. Markell, John H. Knox

Scholarly Publications

The NAFTA Environmental Commission’s citizen petition process is an important experiment in “new governance” because of its emphasis on citizen participation, accountability, and transparency as strategies to enhance government legitimacy and improve government performance. Its focus on promoting compliance and enforcement adds to its importance for those interested in those central aspects of the regulatory process. The procedure has had a rocky start in many respects, although there are signs that in some cases it has had a positive impact.

This Article sets forth what we perceive to be the promise of the process, the pitfalls that have undermined its …

Arrival Then Denial: Interpreting §203(A) Of The Clean Air Act, Analyzing Evidentiary Challenges, & Assessing Conflicting Statutory Directives, Jesse Levine

Distinguished Student Research Papers

An “arrival then denial” occurs when uncertified engines arrive at a U.S. port, but are denied entry to the U.S. by Customs & Border Protection (Customs). Why does this matter? In most cases these uncertified engines are sent back to the country of origin. However, due to resource constraints, a sizeable number of uncertified engines slip past Customs and enter the U.S. each year. Uncertified engines, without proper controls, have been estimated to emit at least 30% more emissions than their certified counterparts. Such emissions exacerbate climate change, acid rain, and air quality generally. EPA attorneys assert that their best …

Litigating Canada-U.S. Transboundary Harm: International Lawmaking And The Threat Of Reciprocity, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

Rio Grande Designs: Texans' Nafta Water Claim Against Mexico, Paul S. Kibel, Jonathan R. Schultz

Publications

Our article begins with an analysis of the historical context and key provisions in the 1944 Rivers Treaty between Mexico and the United States. Next, we explain the expropriation claims process established by NAFTA's Chapter 11 and describe the environmental controversy that has arisen over its implementation. We follow with an account of the Texans' NAFTA water claim against Mexico, including an analysis of this claim's relation to the Tulare Lake decision and parallel dispute resolution proceedings at the International and Boundary Waters Commission.

At the end of this review, our finding is that the Texans' NAFTA water claim against …

Governance Of International Institutions: A Review Of The North American Commission For Environmental Cooperation's Citizen Submissions Process, David L. Markell

Scholarly Publications

No abstract provided.

The North American Commission For Environmental Cooperation After Ten Years: Lessons About Institutional Structure And Public Participation In Governance, David L. Markell

Scholarly Publications

No abstract provided.

Environmental Legal Professionalism Adapted To Citizen Suit Processes, Brion Blackwelder

Faculty Scholarship

No abstract provided.

The Nafta Package And The Environment: A Green Analysis Of Its Origins And Effects, Pedro M. Morales-Gomez

LLM Theses and Essays

When the presidential candidate Clinton announced that he would not support NAFTA without environmental and labor side agreements, and during the period before NAFTA's ratification by the American Congress, Mexicans lived in most tense suspense. Even though, the idea of an environmental side agreement seemed to please most environmentalists in Mexico who hoped that this would lead to creating a major environmental conscience in the Mexican government. The purpose of this thesis is to elaborate a critical analysis of the North American Free Trade Agreement, its related documents and their effects concerning the environment, specifically its legal protection. We will …

The Commission For Environmental Cooperation's Citizen Submission Process, David L. Markell

Scholarly Publications

No abstract provided.

Book Review, Lakshman D. Guruswamy

Publications

No abstract provided.

Wisdom Across The Atlantic: North America And The European Experience, Paul S. Kibel

Publications

No abstract provided.

Some Thoughts On The North American Free Trade Agreement, Political Stability And Environmental Equity, Colin Crawford

Publications

This Article will focus on NAFTA and NAFTA's supplemental environmental side agreement - the North American Agreement on Environmental Cooperation (Supplemental Agreement) -in light of recent events. In doing so, it will suggest that recent events in Chiapas demand a re-evaluation of NAFTA's environmental protections. This is not at all to suggest that stronger environmental protection alone would avert future Zapatista insurrections. The inequities of Mexican land distribution and the poverty of southern Mexican states such as Chiapas have historical roots that will hardly be rectified by more vigorous enforcement of environmental laws.

The argument is divided into two main …

What Will Happen To The Critters, William Snape

Articles in Law Reviews & Other Academic Journals

On September 16, 1993, United States President Bill Clinton and his counterparts in Mexico and Canada signed the environmental supplement to the North American Free Trade Agreement (NAFTA). This environmental agreement addresses two main issues: enforcement of domestic environmental laws through possible trade sanctions and environmental cooperation among the three Parties-both to be implemented by a newly created Commission on Environmental Cooperation (CEC). Although increased environmental cooperation possesses no legal mandate per se and has been characterized by some as "green window-dressing," the CEC's authority to examine virtually any environmental issue related to trade is precedent setting. For example, the …

Enforcement Of Environmental Laws Under A Supplemental Agreement To The North American Free Trade Agreement, William Snape

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Enforcement of environmental laws is one of the key issues in the debate over the relationship between trade and environment in the North American Free Trade Agreement (NAFTA). Without uniformly strong enforcement in all three NAFTA nations, there is the potential for in- creased migration of "dirty" industries to nations with lax enforcement, and for increased environmental degradation. Furthermore, industries subject to lax enforcement do not have to internalize environmental compliance costs and so have a competitive advantage over their international rivals. This article discusses various approaches to encouraging enhanced enforcement of environmental laws as one component of a …

The International Law Of The Environment From The U.S. Perspective: A Case Study: The U.S. And Mexico, Robert Summers

Faculty Articles

The subject of public international law is vast, rich and varied, thus offering the potential to explore many interrelated topics ranging from the lofty philosophical precepts of positivist and naturalist thought to the technical intricacies of international business transactions. Many of these topics are also historically relevant to the long and often inclement history of Mexican-U.S. relations. These include the law of war, peace and neutrality, self-determination, territory, recognition, and diplomatic and consular privileges and immunities. Regrettably, the allotment of time and space for the subject of public international law in the Joint Venture Program does not allow discourse on …