Analysis of Canada-Chile Agreement on Environmental Cooperation: chapter 6


Part Six: General Provisions

Article 37: Enforcement Principle This article confirms that Parties are not authorised to undertake environmental law enforcement activities in each other's territory.

Article 38: Private Rights This article stipulates that neither Party can provide for a right of action under its domestic law against the other Party on the grounds that the other Party has acted inconsistently with this Agreement.

Article 39: Protection of Information This article calls on the Parties to treat confidential or proprietary information in the same way as the Party providing the information and to treat such information provided by a Party to an Arbitral Panel in accordance with the rules of procedure.

Article 40: Relation to Other Environmental Agreements This article specifies that nothing in this Agreement shall be construed as affecting the existing rights or obligations of the Parties under other international environmental agreements.

Article 41: Extent of Obligations Refers to Annex 41 which specifies Canada's obligations to set out in a declaration a list of provinces for which Canada is to be bound and stipulates that Canada shall use its best efforts to include as many provinces as possible.

Article 42: National Security This article states that nothing in the Agreement shall be construed as requiring a Party to make available information or take any action contrary to its essential national security interests.

Article 43: Funding of the Commission This article stipulates that each Party shall contribute an equal share of the annual budget of the Commission.

Article 44: Definitions Defines a number of key terms applied throughout the Agreement. Of particular importance are the definitions of "effective enforcement" and "environmental law".

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