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Environmental Effects of Implementing Mercosur on Argentina: an Integrated Assessment

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Environmental Effects of Implementing Mercosur on Argentina: an Integrated Assessment ENVIRONMENTAL EFFECTS OF IMPLEMENTING MERCOSUR IN ARGENTINA: AN INTEGRATED ASSESSMENT By JOSÉ A. GOBBI A DISSERTATION PRESENTED TO THE GRADUATE SCHOOL OF THE UNIVERSITY OF FLORIDA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY UNIVERSITY OF FLORIDA 2006 Copyright 2006 by José A. Gobbi To my beloved wife, Analía, and to my parents ACKNOWLEDGMENTS Many people and institutions contributed to make this dissertation possible. First and foremost, I thank Dr. Clyde F. Kiker, my advisor, for his wisdom, kindness, and patience. He has been a great source of inspiration and intellectual guidance during my Ph.D. journey. I would like also to express my appreciation to the other members of my committee. The support and insights of Drs. Stephen Humphrey, Terry McCoy, and Stephen Powell were instrumental in keeping my interdisciplinary wandering on course. The Tropical Conservation and Development Program, UF; the College of Natural Resources and Environment, UF; the Compton Foundation, UF; the International Agricultural Trade and Policy Center of the Food and Resource Economics Department, UF; the Tinker Foundation; Matías Cafaro; and the Gobbi and Pugener families contributed with their financial support. I would like to express my gratitude to all and everyone who helped me during my Ph.D. In particular, I would like to mention Lyn Branch, who opened the doors for me to pursue graduate studies in the US; Anita Hertzfeld, who supported my application to the UF; Anne Maglia, who provided valuable comments on early versions of my dissertation; Meisha Wade and Cathy Ritchie, who always assisted me in every possible way at CNRE; and John Beer and Muhammad Ibrahim, who during the last two months released me from my duties at CATIE so that I could finish my studies at the University of Florida. iv I am especially grateful to Mirta Laciar, Head of the Argentine delegation to Mercosur Environmental Agency, for her friendship and kindness. Mirta offered stimulating discussions and facilitated the gathering of data related to the institutional aspects of the environmental dimension of Mercosur. Without her help, a large portion of this dissertation would not have been possible. During my stay at UF, I was rewarded with the friendship of Eduardo Espinoza, Carlos Iudica, Carlos Messina, Andres and Liliana Ferreyra, and Héctor and Claudia Crena. I am particularly grateful to Héctor and Claudia for their support and for providing a home during the last months of this endeavor. My family gave me everything I needed to accomplish whatever I wanted in life, many times to the expense of great sacrifices, and they have remained by my side every step of the way. From my father I learned the two most important principles in his life, hard work and honesty, and my mother taught me that with determination and perseverance anyone could get anyplace. And last but not least, I have been blessed with the love and friendship of a wonderful woman, my wife Analía Pugener; she has been always a source of unconditional support and encouragement, and I owe her more than words can express. v TABLE OF CONTENTS page ACKNOWLEDGMENTS ................................................................................................. iv LIST OF TABLES............................................................................................................. ix LIST OF FIGURES .............................................................................................................x LIST OF ABREVIATIONS .............................................................................................. xi ABSTRACT..................................................................................................................... xvi CHAPTER 1 INTRODUCTION ........................................................................................................1 Objectives .....................................................................................................................4 Main Questions.............................................................................................................5 Significance for Conservation and Sustainable Development......................................5 Overview of the Dissertation........................................................................................5 2 CONCEPTUAL FRAMEWORK TO ANALYZING MERCOSUR...........................7 Introduction...................................................................................................................7 Previous Work on TLA Appraisal................................................................................8 Previous Work on the Environmental Aspects of Mercosur ......................................10 Analytical Framework ................................................................................................13 Methodological Considerations..................................................................................19 3 UNDERSTANDING THE SOUTHERN COMMON MARKET..............................22 Introduction.................................................................................................................22 About the Southern Common Market.........................................................................22 The Evolution of Mercosur.........................................................................................23 Previous Regional Attempts................................................................................23 Origins of Mercosur ............................................................................................27 The Treaty of Asuncion.......................................................................................29 Transition Period (March 1991–December 1994)...............................................32 Trade Expansion Years (1995–1998)..................................................................34 Crisis Years (1999–2002)....................................................................................36 vi New Political Landscape and the Revitalization of Mercosur (2003–present) ...40 Juridical Aspects of Mercosur ....................................................................................46 Juridical Nature of the Treaty of Asuncion .........................................................46 Juridical Nature of Mercosur...............................................................................48 Sources of Law in Mercosur................................................................................49 The Organizational Structure of Mercosur.................................................................49 Organizational Evolution.....................................................................................49 The Current Organizational Structure of Mercosur.............................................51 Decision-Making in Mercosur.............................................................................53 Dispute Resolutions.............................................................................................55 Mercosur Negotiations with Other Countries and Economic Blocs ...................58 4 THE ENVIRONMENTAL DIMENSION IN MERCOSUR INTEGRATION PROCESS...................................................................................................................62 Introduction.................................................................................................................62 The Incorporation of the Environment in Integration Process of Mercosur...............64 The Environment in the Treaty of Asuncion.......................................................64 A Late and Incomplete Beginning: the Specialized Forum on Environment......68 Getting Onboard: Creation of the Work Subgroup on Environment ..................71 Toward a Comprehensive Environmental Policy for Mercosur? ........................81 Mercosur Environmental Norms System....................................................................88 Environmental Framework Accord for Mercosur ...............................................88 Environmental Rule Making ...............................................................................96 Concluding Remarks ................................................................................................100 5 ENVIRONMENTAL REGULATORY EFFECTS OF MERCOSUR IN ARGENTINA...........................................................................................................103 Introduction...............................................................................................................103 The Environmental Institutional Framework of Argentina ......................................106 Harmonization of Non-tariff Barriers.......................................................................111 The ALADI Exception ......................................................................................113 Environmental Measures Corresponding to Argentina .....................................115 Wildlife measures.......................................................................................115 Toxic wastes measures ...............................................................................117 Harmonization of Health, Safety, and Technical Standards.....................................117 Multilateral Environmental Agreements ..................................................................122 Mercosur’s Effect on MEAs..............................................................................123
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