s of this argument will depend on a Tribunal’s views of whether the Accord should be seen as a "measure" "adopted by or maintained" by either, or both, the provincial or federal governments. For example a Tribunal might conclude that actions taken under an Accord be considered measures taken by the Canadian Council of Ministers of Environment (CCME) and therefore subject to best-in-Canada National Treatment. In any event, it seems inevitable that making this determination would necessarily require that a Tribunal consider and make judgements about Canadian constitutional arrangements. It would almost certainly be confronted with argument that only the federal government should be seen as having the authority to ban water exports or negotiate a "Canada-wide" agreement on any subject. This raises the spectre of Canadian constitutional law being interpreted and applied by an international panel, applying international legal principles, and operating almost entirely outside of the Canadian legal context. Whatever other concerns might be justified about such an eventuality, it is very clear that the results of such an inquiry would again be highly uncertain. Given the inherent unpredictability of dispute resolution in this context, it would be unwise in our view to discount the possibility that a Tribunal might expand provincial National Treatment obligations for provinces that might enter into an Accord under the auspices of the CCME. This would, in our view then imbue all actions taken under the Accord with the taint of ‘best in Canada’ National Treatment obligations, even where the initiative is one taken by a provincial government. In this scenario, any jurisdiction in Canada that embarked upon, or even acceded to, bulk water exports on terms contemplated by the Accord might establish the National Treatment benchmark to which all other jurisdictions would be held. Thus simply by entering into an Accord, and regardless o...