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<br />000351 <br /> <br />DRAFT-Not for distribution <br /> <br />Environmental Cooperation and "reaffirms" the responsibility of states to ensure that activities <br />within their jurisdictions do not cause damage to the environment of neighbor states (essentially <br />adopting the transboundary harm rule, discussed below). <br /> <br />The 1986 Ramsar Convention obliges each contracting party to designate at least one <br />wetland site for inclusion in the List of Wetlands ofIntemational Importance.95 Mexico has <br />designated the Colorado River delta wetlands. The United States has designated the Everglades <br />in Florida. The 1983 Convention on the Conservation of Migratory Species of Wild Animals <br />provides that "the States [nations] are and must be the protectors of the migratory species of wild <br />animals that live within or pass through their national jurisdictional boundaries.,,96 <br /> <br />Mexico is responsible for meeting the same international law expectations with respect to <br />its domestic or the international environment as any other nation. The use and exploitation of <br />natural resources, including use of water, in Mexico is within the sovereign jurisdiction of <br />Mexico. That principle is specifically set forth in the 1944 Mexican Water Treaty and the <br />Preamble of the North American Agreement on Environmental Cooperation. Establishment of <br />the level of environmental protection for humans, animals or plant life or health appropriate in <br />the United States or Mexico is within the sovereign jurisdiction of each nation.97 <br /> <br />The Stockholm Declaration on the Human Environmenr8 and the Rio Declaration on <br />Environment and Development 99 recognize the sovereign right of nations to exploit their own <br />resources pursuant to their own environmental policies, and the responsibility to ensure that <br />activities within their jurisdiction or control do not cause damage to the environment of other <br />states or of areas beyond the limits of national jurisdiction. Nations have long abided by a two- <br />part principle that each sovereign nation is (1) responsible for the use of its natural resources, <br />including the conservation of plant and wildlife within its borders and (2) possesses the <br />sovereign right to regulate it accordingly. 100 The Preamble of the North American Agreement on <br />Environmental Cooperation, "reaffirms" that the exploitation of national resources pursuant to <br />each nation's own environmental and develo~ment policies is within the inviolable sovereign <br />jurisdiction of each of the respective nations. 01 Similarly, the Convention on the International <br />Trade in Endangered Species of Wild Fauna and Flora102 provides in its preamble "that peoples <br />and States are and should be the best protectors of their own wild fauna and flora." <br /> <br />Mexico's designation of the Colorado River Delta as a "wetland of international <br />importance" under the Ramsar Convention103 suggests that the Delta's environmental well being <br />is an asset in which all nations have an interest. The Delta's wetlands are habitat for species <br />which migrate between Mexico and the United States and are the subject of a bilateral treaty with <br />the United States. The salt water-fresh water interface ill estuarine environments, such as the <br />Delta wetlands, is also the birthplace of species and the habitat of minute life forms the well- <br />being of which is an international asset. As riparian delta systems deteriorate globally (Nile, <br />Amazon, Mekong, Ganges), maintenance of the Colorado River delta by Mexico becomes a <br />reasonable international expectation. Mexico's damage to the Delta, by diverting its water from <br />the Delta thus causes damages to other states. It would appear, therefore, that a persuasive <br />argument can be made that Mexico has an international duty to the United States, also a <br />signatory to the Ramsar Convention, to preserve and protect the Delta. <br /> <br />9 <br />