Abstract

This article is about the process of negotiation and implementation of a bilateral environmental agreement between two developing countries. It analyzes the case of the Act of Jaguarao between Brazil and Uruguay on assessing the risk of transboundary air pollution by the President Medici (UTPM) coal-powered thermo-electrical facility in the Candiota region of southern Brazil. The article adds to the scarce literature on international environmental conflict resolution and negotiations between developing countries, especially in Latin America. First, it explains that even with the asymmetry of power between Brazil and Uruguay, negotiation was possible due to a series of factors, such as the interest of Brazilian environmental agencies in improving the monitoring of emissions from UTPM and the international scrutiny of Brazil prior to the upcoming Rio-92 Earth Summit. Both states obtained mutual gains from the agreement by developing ‘joint fact finding’ research and monitoring. Second, different from most of the mainstream literature, the research reveals that weaknesses in institutional agreements, such as a lack of sanctions or deadlines, were not an implementation impediment. In fact, the very weaknesses of the agreement actually enabled authorities in both countries to cooperate in the development of an acid rain monitoring program in the Candiota region, and as a result, to improve air monitoring capacities in both countries. Third, this research shows that the implementation process (1991–2003) produced different results and impacts: it helped to develop technical capacities of environmental agencies in both countries, increased the political power of Brazilian environmental agencies to control UTPM, and pushed for behavioral changes to enable UTPM to respond to the demands of both governments.

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