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Pre.4 |
REAFFIRMING the sovereign right of States to exploit their own resources pursuant to their own environmental and development policies and their responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction; |
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Art.3.1x |
Recognizing the right of each Party to establish its own levels of domestic environmental protection and environmental development policies and priorities, and to adopt or modify accordingly its environmental laws and regulations, each Party shall ensure that its laws and regulations provide for high levels of environmental protection and shall strive to continue to improve those laws and regulations. |
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Art.6.3 |
3. Private access to remedies shall include rights, in accordance with the Party's law, such as: |
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Art.6.3.a |
(a) to sue another person under that Party's jurisdiction for damages; |
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Art.6.3.b |
(b) to seek sanctions or remedies such as monetary penalties, emergency closures or orders to mitigate the consequences of violations of its environmental laws and regulations; |
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Art.6.3.c |
(c) to request the competent authorities to take appropriate action to enforce that Party's environmental laws and regulations in order to protect the environment or to avoid environmental harm; or |
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Art.6.3.d |
(d) to seek injunctions where a person suffers, or may suffer, loss, damage or injury as a result of conduct by another person under that Party's jurisdiction contrary to that Party's environmental laws and regulations or from tortious conduct. |
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Art.7.3 |
3. Each Party shall provide, as appropriate, that parties to such proceedings have the right, in accordance with its law, to seek review and, where warranted, correction of final decisions issued in such proceedings. |
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Art.37.1x |
Nothing in this Agreement shall be construed to empower a Party's authorities to undertake environmental law enforcement activities in the territory of another Party. |
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Art.38.1x |
No Party may provide for a right of action under its law against any other Party on the ground that another Party has acted in a manner inconsistent with this Agreement. |
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Art.39.1 |
1. Nothing in this Agreement shall be construed to require a Party to make available or allow access to information: |
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Art.39.1.a |
(a) the disclosure of which would impede its environmental law enforcement; or |
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Art.39.1.b |
(b) that is protected from disclosure by its law governing business or proprietary information, personal privacy or the confidentiality of governmental decision making. |
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Art.40.1x |
Nothing in this Agreement shall be construed to affect the existing rights and obligations of the Parties under other international environmental agreements, including conservation agreements, to which such Parties are party. |
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Art.42.1x |
Nothing in this Agreement shall be construed: |
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Art.42.1x.a |
(a) to require any Party to make available or provide access to information the disclosure of which it determines to be contrary to its essential security interests; or |
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Art.42.1x.b |
(b) to prevent any Party from taking any actions that it considers necessary for the protection of its essential security interests relating to |
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Art.42.1x.b.i |
(i) arms, ammunition and implements of war, or |
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Art.42.1x.b.ii |
(ii)the implementation of national policies or international agreements respecting the non-proliferation of nuclear weapons or other nuclear explosive devices. |
