Article Analysis of Agreement

Overview

The Canada-Chile Agreement on Environmental Cooperation (CCAEC) provides a framework for bilateral cooperation on environmental issues. The Agreement commits the Parties to effectively enforce their environmental laws and to work cooperatively to protect and enhance the environment and promote sustainable development.

The Agreement contains remedies that are available to help ensure effective enforcement. Citizens and NGO's can make submissions on enforcement matters asserting that Canada or Chile is failing to effectively enforce its environmental law. These submissions will be considered by an independent Joint Submission Committee and can result in an independent assessment through the preparation of a factual record. A consultation and dispute settlement process is available to the Parties where a persistent pattern of failure to effectively enforce an enviromnental law is alleged. This process can lead to the creation of an arbitral panel which can recommend a remedial action plan and in some cases impose a monetary enforcement assessment.

Environmental cooperation is promoted by a Canada-Chile Environmental Cooperation Commission which develops and implements an annual program of cooperative work. The Commission is overseen by a ministerial Council which is supported by a Joint Public Advisory Committee, a Joint Submission Committee and assisted by National Secretariats.

Preamble

The Preamble sets out the shared foundations on which the Agreement is based. It highlights common beliefs in the importance of conservation and protection of the environment and the promotion of sustainable development. It recognizes the growing economic and social links between Canada and Chile, including the Canada-Chile Free Trade Agreement (CCFTA), and the desirability of building on the progress in environmental cooperation achieved through the existing Canada-Chile Memorandum of Understanding (MOU) on Environmental Cooperation. It expresses the shared desire of the Parties to facilitate the accession of Chile to the North American Agreement on Environmental Cooperation.