(a) environmentally friendly alternatives to these substances; b) refrigeration fluid management practices, policies and programs; (c) stratospheric ozone measurement methods; and (d) the fight against the illicit trade in these substances. The environmental chapter of the USMCA puts all environmental provisions at the heart of the agreement and makes them applicable. THE USMCA is committed to implementing important multilateral environmental agreements that the United States has adhered to, such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Montreal Protocol on Ozone Depleting Substances. The USMCA also addresses significant environmental challenges, such as illegal, unreported and unregulated fishing and harmful fisheries subsidies. THE USMCA calls on the United States, Canada and Mexico to take control and cooperation measures to prevent trade in wood and fish and other wildlife. For the first time in a U.S. trade agreement, the USMCA is also addressing other pressing environmental issues, such as air quality and marine waste. (b) the control of chemicals, substances, materials or waste that are hazardous or toxic to the environment and the dissemination of information; or there was no chance of the USMCA including a reference to the United Nations Framework Convention on Climate Change or the Paris Agreement. While the trade agreement missed an opportunity to refer to low-carbon technologies, it refers to „clean technologies” in a non-binding section on environmental goods and services and „carbon storage” in the area of sustainable forest management. (c) seek to strengthen and strengthen cooperation and consultation with interested non-governmental organizations and other stakeholders to strengthen the implementation of measures to combat the illegal use and trade of wildlife.
Under the Court of Human Rights, the United States, Mexico and Canada will work together to reduce pollution, strengthen environmental policies, preserve biodiversity and sustainably manage natural resources. The new ECJ will modernize and strengthen trilateral cooperation, including supporting the implementation of environmental commitments within the USMCA. The CUSMA also contains a parallel environmental cooperation agreement (ECA). The Court maintains and modernizes the unique institutions that have existed since 1994 under the NAAEC, including the Commission for Environmental Cooperation and its montreal-based secretariat. Through the CoR, a modernized Commission will continue the legacy of effective trilateral environmental cooperation between Canada, Mexico and the United States, including on global environmental issues important to Canada, such as climate change. However, in practice, such provisions have had little effect, both within NAFTA and in subsequent trade agreements, to address regulatory regressions. Just hours after the USMCA text was published, the U.S. Environment Agency announced its intention to significantly weaken mercury emissions in the U.S. coal sector. 6 The violation of Article 24.8.4 must affect trade or investment between the contracting parties.
In order to improve security, an omission „in one way or another on trade or investment between the contracting parties” has effects when it comes to: (i) a person or industry that provides good or service between the contracting parties or has made an investment in the territory of the contracting party that has not complied with that obligation; or (ii) a person or sector that provides a good or industry or provides a competing service to a property or service of another contracting party in the territory of a contracting party.