ABSTRACT

This chapter explores, from a legal perspective, the history, operation, and potential of the Article 14-15 process of the North American Agreement on Environmental Cooperation (NAAEC). It provides an introduction to, and short history of, the citizen submission process. The chapter considers the key legal and institutional issues that have emerged in the interpretation and administration of the submission process by the Secretariat. Particular attention is devoted to the uncertainties associated with defining the legal rights and responsibilities contemplated by the NAAEC, and to the institutional tensions that the process has created. The NAAEC was a product of political forces and perceptions, particularly those prevailing within the United States. The NAAEC created a new institution, the Commission for Environmental Cooperation. The chapter concludes with some observations on how the legal uncertainties and institutional tensions relate to the broader rationale of the submission process and the purposes it serves.