The Accord to Prohibit Bulk Water Removal - Will it Actually Hold Water?

Recent proposals to export Canadian water, and an investor-state suit under NAFTA concerning BC's water export control measures, have revived Canadian concerns about the loss of public control over this vital resource. In response, the federal government has announced several initiatives including the negotiation of an Accord for the Prohibition of Bulk Water Removal From Drainage Basins (the Accord), and strengthening the Boundary Waters Treaty Act. This paper addresses the first of these initiatives and concludes that the proposed Accord does not represent an adequate response to the problem of bulk water exports in light of Canadian obligations under the North American Free Trade Agreement (NAFTA) and the World Trade Organization (WTO).