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<br />D00374
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<br />DRAFT-Not for distribution
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<br />2003. Its five goals (reduction of water contamination, air pollution, land contamination,
<br />pesticide exposure - especially by children - and chemical exposure), while compelling, do not
<br />appear to comprehend the problems of the Colorado Delta (see draft mission statement, federal
<br />register notice and press release available at http://www.epa.gov/usmexicoborder).This new
<br />program succeeds the 5-year Border XXI program that ended in 2000, which in turn followed the
<br />stage-one 1992-94 Integrated Environmental Plan (IBEP) for the border area. In parallel was the
<br />1990s institution building surrounding NAFT A, particularly the Border Environment
<br />Cooperation Commission (BECC) and its financial sister entity, the North American
<br />Development Bank (NADB). For a critique ofthese various border-related initiations of the
<br />1990s, in terms of water management needs, see Robert G. Varady, et aI., "The U.S.-Mexican
<br />Border Environment Cooperation Commission: Collected Perspectives on the First Two Years,"
<br />11 Journal of Borderland Studies 89 (July, 1997); also, Pirozzi, E.V., "Resolution of
<br />Environmental Disputes in the United States-Mexico Border Region and the Departure from the
<br />Status Quo," 12 Journal of Environmental Law and Litigation 371-408 (1997); and Stephen P.
<br />Mumme, "Reinventing the International Boundary and Water Commission, July 2001, at URL of
<br />Americas Program:
<br />http://www.americaspolicy .orglbriefs/200 lib 179 .html.
<br />
<br />91 September 13, 1999, Canada-Mexico-United States, 32 LL.M. 1480; Federal Implementation
<br />of the North American Agreement on Environmental Cooperation, Executive Order 12915
<br />D.S.C.C.A.N. (108 Stat) B42. See, Weiss, A.L., "An Analysis ofthe North American
<br />Agreement on Environmental Cooperation," 5 ILSA Journal oflnternational and Comparative
<br />Law 185-218 (Fall 1998); Richardson, S., "Sovereignty, Trade and the Environment-The North
<br />American Agreement on Environmental Cooperation," 24 Canada-U.S. Law Journal 183-99
<br />(1998); Dove, C., "Can Voluntary Compliance Protect the Environment?: The North American
<br />Agreement on Environmental Cooperation," 50 U. Kan. L. Rev. 867-99 (May 2002).
<br />
<br />92 September 8, 1992, Canada-Mexico-United States, 32 LL.M. 289, North American Free Trade
<br />Agreement Implementation Act, Pub. L. 103-182,197 Stat. 2057, see also, Vega-Canovis, G.,
<br />"NAFTA and the Environment," 30 Denver Journal oflntemational Law and Policy 55-62
<br />(Winter 2001); Bugeda, B., "Is NAFTA Up To Its Green Expectations? Effective Law
<br />Enforcement Under the North American Agreement on Environmental Cooperation, 32 U.
<br />Richmond Law Review 1591-617 (January 1999); Mann, H., "NAFTA and the Environment;
<br />Lessons for the Future," 13 Tulane Environmental Law Journa1387-41O (Summer 2000).
<br />
<br />93 North American Agreement on Environmental Cooperation, Article 3.
<br />
<br />94 Id., Article 5.
<br />
<br />95 Ramsar Convention, Article 2.4. Sites are selected by the Contracting Parties, or member
<br />states, for designation under the Convention by reference to the Criteria for the Identification of
<br />Wetlands ofIntemational Importance. 1069 sites encompassing 81,253,307 hectares have been
<br />designated for the List of Wetlands of International Importance. Designations are communicated
<br />by the Parties to the treaty secretariat, or "Bureau", by means of a Ramsar Information Sheet
<br />(RIS) including accurate data on various scientific and conservation parameters and a map
<br />precisely delimiting the boundaries of the site. Upon receipt of the RIS and the map, the Bureau
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