Canadian sub-federal governments and CETA: Overarching themes and future trends

Abstract

Canadian provinces and territories have gained increasing relevance in matters of international trade over the last several decades. The possibility of a Canada–European Union Comprehensive Economic and Trade Agreement, however, marks the first time that sub-federal governments in Canada have been directly involved in specific areas of negotiations. The significance of this development, examined in this series of policy papers, can be organized under five overarching themes: 1) the negotiation, ratification, and implementation of foreign trade agreements; 2) the need to distinguish between process activity and actual policy outcomes; 3) the ongoing relevance of Canadian federalism; 4) the impact of non-governmental actors, especially civil society; and 5) the differing interpretations of academics, practitioners, business, and societal groups.

The Evolving Role of Sub-national Actors in International Trade Interactions: A Comparative Analysis of Belgium and Canada

“…With particular reference to the CETA, Canadian provinces played a pivotal role during the negotiation process, while EU regions played a central role during the ratification process. 28 The aim in the next section of the paper is to identify how sub-national governments (either side of the Atlantic) gained access to the CETA negotiation/ratification process and the impact of their participation in the process and outcome of the CETA. Moreover, the analysis would highlight the significance of these developments as they relate to our understanding of cooperation in international economic law.…”

“…30 However, a major challenge for Canada when approaching international negotiations is not usually the business and political case for making a deal, but rather, the challenge of how to garner the support of the provinces and how to accommodate the opinions, and oppositions 27 Wood and Verdun 2011, at 9. 28 The role played by sub-national actors in these two countries has no doubt brought to the fore the practical implications of including and excluding sub-national actors from the design and implementation of international economic agreements. Prima facie, the combined effect of sections 91 (2) and 132 gives an impression that Ottawa inherited unfettered powers from Great Britain over international relations as it pertains to external trade and commerce.…”

Charting Quebec’s Engagement with the International Community

“…Two major reasons inform this perspective. First, although the Canadian government is empowered to negotiate international treaties (including in fields of jurisdiction germane to Canadian provinces), it is, under the aforementioned power-sharing arrangements, unable to compel the provinces to implement a given treaty (Skogstad 2012, 204;VanDuzer 2013;Kukucha 2013Kukucha , 2009Paquin 2013;. International treaties, in Canada, must be implemented through a law of incorporation by the federal government, the provinces, and municipalities.…”

Canada’s Multiple Voices Diplomacy in Climate Change Negotiations: A Focus on Québec

“…Despite an increasing role of federated states and other non-central governments in international affairs, little research has been done on their role in international negotiations, with the exception of Paquin (2013) or Kukucha (2013) over trade negotiations and Chaloux and Séguin (2012) over climate change negotiation. Indeed, research has so far, dealt very little with the relationship between international negotiations and federalism and has left the topic largely unexplored despite some case studies (Paquin , 2010(Paquin , , 2005Lantis 2009;Kukucha 2008, Dai 2005Michelmann 2009).…”