View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by DigitalCommons@Pace Pace International Law Review Volume 8 Article 3 Issue 1 Winter 1996 January 1996 Canada's Capacity to Control the Flow: Water Export and the North American Free Trade Agreement Scott hiP lip Little Follow this and additional works at: http://digitalcommons.pace.edu/pilr Recommended Citation Scott hiP lip Little, Canada's Capacity to Control the Flow: Water Export and the North American Free Trade Agreement, 8 Pace Int'l L. Rev. 127 (1996) Available at: http://digitalcommons.pace.edu/pilr/vol8/iss1/3 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace International Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact
[email protected]. CANADA'S CAPACITY TO CONTROL THE FLOW: WATER EXPORT AND THE NORTH AMERICAN FREE TRADE AGREEMENT Scott Philip Littlet I. INTRODUCTION Of all the debate that accompanied Canadian implementa- tion of the North American Free Trade Agreement,' there was perhaps none more heated, manipulated, misinformed, yet more important, than that staged over water export.2 Critics of NAFTA condemned the Canadian government for assenting to an agreement that apparently granted both the United States and Mexico unlimited access to Canada's fresh water re- sources. 3 It was argued that NAFTA opened the tap to a lucra- tive water market, one that would eventually run dry under free trade, and sell Canada's future short.4 On the other side, the Canadian government staunchly denied these allegations but took few substantive measures to reassure the sceptics.5 An analysis of both this debate, and the text of NAFTA itself, reveals that a wide spectrum of frequently juxtaposed legal opinions have formed with respect to the issue of water export and free trade.