ABSTRACT

This chapter discusses the North American Agreement on Environmental Cooperation (NAAEC) that includes many avenues for public participation. Public participation appears to have directly influenced the development of the NAAEC's own regime, including the many transparency and good-governance provisions in the NAAEC. In the Preamble to the NAAEC, the Parties emphasize "the importance of public participation in conserving, protecting and enhancing the environment". The chapter describes the structure and function of the submissions on enforcement matters (SEM) process. The transparency, public participation, and accountability principle on sustainable development permeate the NAAEC and especially the SEM process. The Joint Public Advisory Committee (JPAC) has frequently advised the Council on the need for more transparency and public participation. The chapter explores how the Agreement requires transparency, public participation, and accountability from the various organs of the Commission for Environmental Cooperation (CEC), and how these provisions accord with the tenets of sustainable development.