NAFTA's Shadow Hangs Over Kyoto's Implementation

David J. Hornsby, Alastair J.S. Summerlee and Kenneth B. Woodside

Canadian Public Policy, 2007, vol. 33, issue 3, pages 285-298

Abstract: The Canadian government indicated recently that it will not meet its Kyoto targets but will develop a "made in Canada" solution to deal with the reduction of climate-changing greenhouse gas emissions. Canada is still legally obligated to achieve its Kyoto reduction requirements and has indicated that it will participate in the second round of Kyoto Protocol talks. However, as a co-signatory of the North American Free Trade Agreement (NAFTA), Canada may be impeded from introducing and maintaining greenhouse gas-reducing initiatives as there are elements of NAFTA which may be used to challenge or block efforts that are considered discriminatory to trade. In particular, Chapter 11 may be used as a vessel by private investors to challenge climate change measures that conflict with other NAFTA chapters. Unless these conflicts are addressed, the Canadian government will fail in its initiatives.

Date: 2007
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