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Judicial Oversight in the Comparative Context: Biodiversity Protection in the United States, Australia, and Canada

How effective are courts as policymaking institutions? Generally speaking, courts play a far larger role in American biodiversity law than they do in comparable Australian and Canadian statutory programs. As a result, studying...

Foreign-Investor Protection and the Environment: A NAFTA Chapter 11 Update

Imagine you run a Canadian company that mines precious metals. Your company owns a U.S. subsidiary that holds unpatented mining claims on federal lands known as the California Desert Conservation Area. You're optimistic that the U.S....

The North American Commission for Environmental Cooperation and Transboundary Pollution

Transboundary pollution in North America has received international attention for over 90 years. Famous, or infamous, examples from the past include the sulfur dioxide emitted by a smelter near Trail, British Columbia in the 1920s; the...

The Environmental Side Agreement to the North American Free Trade Agreement: Background and Analysis

Editors' Summary: NAFTA is one of the most comprehensive free trade agreements in history. Its negotiation coincided with a growing controversy about the relationship between trade and environmental policies. As a result, NAFTA...

NAFTA: An Analysis of Its Environmental Provisions

In negotiating a comprehensive trade accord, the governments of Canada, Mexico, and the United States have taken an important step to link and boost their economies. Although many believe the new pact — the North American Free Trade...