Annual Survey of International & Comparative Law


In this paper, the author will discuss some of the environmental issues surrounding two parts of the NAFTA machinery based on recent developments. Written in seven parts, Part II provides the NAFTA historical background. Part III discusses the NAFTA Environmental Framework, and Part IV discusses the NAFTA Chapter 11 Investment Provisions. Part V reviews the Submissions of Environmental Enforcement Matters and provides recent academic criticisms of the CEC Process and NAFTA Chapter 11 based on NAFTA environmental studies. Part VI reviews critical Chapter 11 cases. Part Vll provides critique and recommendations on how improvements might be made, and Part VIII concludes the paper.