chile_nafta_21jun1995-e2fe8240818e376b.pdf

This document is testimony provided by Robert Housman, a Senior Attorney for the Center for International Environmental Law (CIEL), to the Trade Subcommittee of the House of Representatives Committee on Ways and Means on June 21, 1995. The testimony argues for the inclusion of environmental protections in the fast track authority for Chile's accession to the North American Free Trade Agreement (NAFTA), asserting that environmental standards are necessary to prevent trade distortions and establish a sustainable template for broader hemispheric integration.

• CIEL argues that environmental provisions in the NAFTA package are necessary for Chilean accession because they address trade distortions caused by disparate levels of law enforcement, which do not require a common border to exist. As an example, the U.S. farmed salmon industry has expressed concerns that a lack of environmental regulations for Chilean salmon farmers creates a competitive disadvantage for U.S. farmers.
• The testimony emphasizes that Chile's accession serves as a template for hemispheric integration intended to include other nations of the Americas by 2005, including Brazil, Argentina, Columbia, Bolivia, Paraguay, Uruguay, and Peru. CIEL notes that some potential partners, such as Venezuela and Brazil, have already challenged U.S. environmental laws regarding toxic and smog-causing gasolines at the WTO.
• CIEL proposes a three-tiered 'readiness criteria' approach to environmental protection during NAFTA accession. Tier 1 (the Starting Line) requires democratic rights, adherence to international agreements (such as the Montreal Protocol and the Biodiversity Convention), two-phase environmental reviews of the liberalization process, and the institutional capacity to implement environmental policies.
• Regarding Chile's current status, CIEL acknowledges that the Framework Environmental Law of 1994 and the agency CONAMA established necessary legal structures. However, it warns that implementation capacity is lacking because regional offices (COREMAs) are severely understaffed, often with only two representatives and a secretary, which may lead to projects being deemed approved by default if reviews are not completed in time.
• The proposed Tier 2 (First Five Year Milestone) requires that five years after accession, the country must pass legislation addressing priorities identified in initial reviews, establish a full regulatory framework, and enforce existing laws. CIEL notes Chile's 1991 Environmental Unit in the Ministry of Mining as progress, though it highlights a case where a mine and smelter allegedly evaded air quality requirements by resettling workers.
• Tier 3 (Second Five Year Milestone) requires that ten years after accession, the party must be effectively enforcing its comprehensive system of domestic environmental laws. To ensure compliance, CIEL suggests linking environmental milestones to the trade liberalization process, using sanctions such as freezing tariff phase-outs for minor breaches or expulsion from NAFTA for substantial breaches.
• CIEL suggests that the 'NAFTA Package Approach' (using existing agreements unchanged) may be insufficient for Chile's natural resource issues. It argues for a 'NAFTA Plus Approach' to ensure that laws governing the commercial harvest or exploitation of natural resources are not excluded from the NACEC's mandate under Article 45.2(b).

APA

Center for International Environmental Law (n.d.). chile_nafta_21jun1995-e2fe8240818e376b.pdf. https://www.ciel.org/wp-content/uploads/2015/07/Chile_NAFTA_21Jun1995.pdf

Chicago

Center for International Environmental Law. chile_nafta_21jun1995-e2fe8240818e376b.pdf. n.d. https://www.ciel.org/wp-content/uploads/2015/07/Chile_NAFTA_21Jun1995.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=chile_nafta_21jun1995-e2fe8240818e376b.pdf |url=https://www.ciel.org/wp-content/uploads/2015/07/Chile_NAFTA_21Jun1995.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallawndchilenafta21jun1995e2fe8240818e376bpdf, author = {{Center for International Environmental Law}}, title = {{chile\_nafta\_21jun1995-e2fe8240818e376b.pdf}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2015/07/Chile_NAFTA_21Jun1995.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }