1. RTAs vs. WTO:
AnalysisoftheEnvironmentalImplications
ofNAFTAandWTODSMs
IPOL 8648 GEEG
Prof Liang
Victoria Powell

2. Presentation Outline
 Goal of Presentation
 Trade and the Environment
 WTO/NAFTA
 DSM
 WTO/NAFTA
 Analysis
 Recommendation
 Conclusion
 Questions

3. Trade and the Environment
WTO
Preamble
Article XX
NAFTA
Potential Costs
Preamble/ 5 Chapters
Side Agreement
•NAAEC
•CEC

4. CEC
 Address regional environmental concerns
 Help prevent potential trade and environmental
conflicts
 Promote the effective enforcement of
environmental law
 Council: oversees and serves as a forum
 JPAC: advises
 Secretariat: support

5. Analysis (Research Design)
 Evaluation of MTS DSM concerning
environmental issues: A comparison of the
effectiveness WTO DSM and NAFTA DSMs for
resolving environmental issues associated with
Trade.
 Based on Environmental Submission
 Process
 Rulling

6. Dispute Settle Mechanisms
WTO
GATT Cases
WTO Cases
NAFTA
NAFTA Ch
11
CEC Citizen
Submissions

7. NAFTA Submission Process
 Be written in Spanish, French or English
 Not exceed 15 pages
 Clearly identify the person(s) making the submission
 Clearly identify the environmental law(s) at issue
 Provide information to be reviewed
 Be aimed at promoting enforcement rather than at
harassing industry
 Matter has been communicated in writing to the
relevant authorities

8. Findings: WTO DSM
 Environment Directly
 Gasoline Case
 Shrimp/Turtle
 Product Safety
 Asbestos
 SPS Measures
 Hormones
 Australian Salmon
 Discriminatory Policy
 Like Products
 Processes vs. Final Products
 Positive
 Asbestos showed clean air
and clean water do fall
under Article XX

9. Findings NAFTA
CEC
 76 Submissions
 14 Active
 62 Closed
Article 11 (2005)
 42 Filed Cases
 11 Active
 6 Dismissed
 5 Cases Won by Investors

10. Conclusions
 Strengthen MTS by incorporating NAFTA
submission process using Articles 14 and 15
 Allow Processes
 The proliferation of RTAs undermines the MTS so
environmental provisions of some kind need to
be added

11. Questions