Blog Entry
Juliy 29, 2020
Environment, Cornerstone in CUSMA?
By César Murillo Juárez*
Photo: IIJS. 2020
In 1993, Canada, the United States and Mexico were negotiating for the welfare of approximately 379,784,129 inhabitants, their cultural wealth and a megadiverse territory, the first North American Free Trade Agreement (NAFTA). In January 1994, the treaty became effective facing enormous economic and integration expectations, as well as concern about asymmetric environmental regulation.
26 years later, the new CUSMA (Canada, United States Mexico Agreement) brings greater challenges to trade, merchandise production, investment and effective environmental protection.
Will its Chapter 24 and the new Environmental Cooperation Agreement be sufficient to ensure effective sustainable development of the region? Without sustainability and climate security, it is nonsense to think about investment and economics. The monarch butterfly, one of the quintessential symbols of North American environmental integration, makes an annual migration journey of 4,500 kilometers, providing an environmental service of pollination essential for continental biodiversity. Despite its fragility, its greatest risks are not its predators. Air and water are means of natural mobility for our migratory species, however, they are also vectors for chemicals, air pollution and ecosystem-altering waste.
Concern over shared biodiversity in North America precedes 1918, and led to the signing of the Canada-U.S. Migratory Bird Treaty. Later in 1936, the United States and Mexico signed a similar treaty regarding Cinegenic Mammals.
Cooperation to combat cross-border pollution preceded and was later reflected in the Agreement on Cooperation for the Protection and Improvement of the Environment in the Border Region (Peace Agreement of 1983). This agreement resulted in great accomplishments in improving environmental conditions, citizen engagement and the creation of binational entities such as the North American Development Bank. All of these were important foundations for NAFTA, which in 1994 created the largest free trade area in the world, albeit of its 22 chapters, only Chapter 11 would indirectly address the environment. Recognizing the right of parties to take measures to make investments accountable for environmental concerns and thus avoid regulatory easiness that would attract private investment with environmental effects. Recognizing the right of parties to take measures to make investments accountable for environmental concerns and thus avoid regulatory easiness that would attract private investment with environmental effects. Given the regulatory asymmetry, the three countries signed a side Agreement on Environmental Cooperation that in 51 complementary articles sought environmental improvement and established the Commission on Environmental Cooperation (CCA), which would channel cooperation and public submissions regarding effective enforcement of environmental laws. Does the new CUSMA address the environmental risks faced by the monarch butterfly and its three States Parties?
Will its Chapter 24 and the new Environmental Cooperation Agreement be sufficient to ensure effective sustainable development of the region? Without sustainability and climate security, it is nonsense to think about investment and economics. The monarch butterfly, one of the quintessential symbols of North American environmental integration, makes an annual migration journey of 4,500 kilometers, providing an environmental service of pollination essential for continental biodiversity. Despite its fragility, its greatest risks are not its predators. Air and water are means of natural mobility for our migratory species, however, they are also vectors for chemicals, air pollution and ecosystem-altering waste.
Concern over shared biodiversity in North America precedes 1918, and led to the signing of the Canada-U.S. Migratory Bird Treaty. Later in 1936, the United States and Mexico signed a similar treaty regarding Cinegenic Mammals.
Cooperation to combat cross-border pollution preceded and was later reflected in the Agreement on Cooperation for the Protection and Improvement of the Environment in the Border Region (Peace Agreement of 1983). This agreement resulted in great accomplishments in improving environmental conditions, citizen engagement and the creation of binational entities such as the North American Development Bank. All of these were important foundations for NAFTA, which in 1994 created the largest free trade area in the world, albeit of its 22 chapters, only Chapter 11 would indirectly address the environment. Recognizing the right of parties to take measures to make investments accountable for environmental concerns and thus avoid regulatory easiness that would attract private investment with environmental effects. Recognizing the right of parties to take measures to make investments accountable for environmental concerns and thus avoid regulatory easiness that would attract private investment with environmental effects. Given the regulatory asymmetry, the three countries signed a side Agreement on Environmental Cooperation that in 51 complementary articles sought environmental improvement and established the Commission on Environmental Cooperation (CCA), which would channel cooperation and public submissions regarding effective enforcement of environmental laws. Does the new CUSMA address the environmental risks faced by the monarch butterfly and its three States Parties?
- The CUSMA is integrated by 34 chapters, with Chapter 24 dedicated to the environment.
- It includes new commitments on global environmental challenges such as illegal wildlife trade, unreported and unregulated illegal fishing (IUU), biodiversity conservation, ozone-depleting substances and marine pollution.
- It is the first free trade agreement with commitments to improve air quality and combat marine litter. The treaty seeks to improve the regulatory level, environmental impact and responsible business conduct, among others.
- It expressly recognizes the Environmental Cooperation Agreement (ECA), which will be operated by the CEC, also providing for an Annex on Chemicals.
César Murillo Juárez
Expert in environmental regulation, energy and sustainability. Partner at Murillo & Reyes Legal Consulting S.C.
Two decades of experience in the private, international and government sector. Amongst different roles, serving as Director General of Integral Materials Management and Risky Activities, Chief of Staff of the Undersecretary of Environmental Management of the Ministry of Environment of Mexico (SEMARNAT), and Minister Representative for Environment in the Mexican Embassy to the United States. From the private sector, has carried out the financing, development and implementation of infrastructure, tourism, productive, energy and climate change projects. Has been a consultant for the conservation, compensation and use of natural resources, risk analysis in the management of chemical substances and waste, as well as on social-environmental responsibility.Served as Technical Focal Point to the United Nations for the Rotterdam, Stockholm, Basel, and Minamata Conventions. He was part of the Mexican CUSMA negotiating team for the sectoral annexes and the Environment Chapter. He has been a Professor in Sustainability, International and Mexican Environmental Law for 10 years in various academic institutions.
Graduated in Law from U.N.A. M, with a master's degree (L.L.M.) in International Law with a specialty in International Environmental Law from American University, Washington College of Law
Graduated in Law from U.N.A. M, with a master's degree (L.L.M.) in International Law with a specialty in International Environmental Law from American University, Washington College of Law
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