By: Jean-Frédéric Morin , 2004-02-01
This article presents a series of issues raised by the new Quebec legislation prohibiting bulk water transfers and assesses its conformity with WTO and NAFTA trade law.
Quebec legislation prohibits bulk water transfers outside of its own political borders. This legislation could be judged contrary to international trade law by an arbitration panel of the North America Free Trade Agreement or the World Trade Organization. Additionally, it is not obvious why international transfers should be considered more environmentally damaging than those effected within provincial borders. A hydrographic basin approach would conform better to international trade norms, environmental objectives and to the spirit of Quebec’s new water policy.
