Question: Same facts as #3 above, except this time the pollution emanates in Canada in 2013 and damages occur in the United States. Does this affect

Same facts as #3 above, except this time the pollution emanates in Canada in 2013 and damages occur in the United States. Does this affect available remedies for the United States and/or its citizens?

a. Yes. Because NAFTA is in effect for both states, the United States and interested parties (such as NGOs) can seek enforcement of Canadian laws at the Commission of Environmental Cooperation of Canadian laws, under the principle of Skeena River Fishery: Canada (see the text). Ultimate penalty for failure of a signatory to enforce its laws may be suspension from NAFTA benefits.

b. No.

c. Yes, WTO appoints a neutral arbitrator for resolution.

d. Yes, remedy is a cash payment by Canada to be determined by an ad hoc commission appointed by national presidents.

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