Compliance with Canada's Trade and Investment Treaty Obligations: Addressing the Gap Between Provincial Action and Federal Responsibility

Authors

  • J. Anthony VanDuzer Faculty of Law, University of Ottawa
  • Melanie Mallet Faculty of Law, University of Ottawa

DOI:

https://doi.org/10.29173/alr462

Abstract

Provincial compliance with trade and investment treaty commitments is increasingly important. However, Canada’s federal system makes negotiating treaty obligations in the areas of provincial jurisdiction particularly difficult. This article analyzes the challenges related to treaty commitments in areas of provincial jurisdiction, revisits the Canadian constitutional allocation of responsibility for treaty negotiation, ratification, implementation, and compliance, and explores the prospects for using intergovernmental agreement to address concerns about provincial compliance.

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Published

2016-10-31

Issue

Vol 54, No 1

Section

Articles

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