This Comment argues that because NAFTA and the IEP do not safeguard environmental interests adequately, additional measures need to be taken to preserve and prevent pollution of transboundary water resources. Part I of this Comment discusses the present status of customary international law, existing treaties, and national environmental laws that govern international water pollution abatement and its judicial enforcement. This part specifically addresses liability under the U.S. Federal Water Pollution Control Act, commonly known as the Clean Water Act (the "CWA").20 Part II discusses aspects of evolving international law, NAFTA, and the IEP with respect to transboundary environmental resources. Part III demonstrates the deficiencies of existing laws and treaties. This Comment concludes that although NAFTA and the IEP provide incentives to protect transboundary waters through economic stability and shared scientific technology, only specific implementation schemes and corresponding enforcement by an international agency and the judicial system can guarantee adequate protection of transboundary water resources.
The North American Free Trade Agreement: The Need to Protect Transboundary Water Resources,
16 Fordham Int'l L.J. 848
Available at: http://ir.lawnet.fordham.edu/ilj/vol16/iss3/9