Open AccessCompliance with Canada's Trade and Investment Treaty Obligations: Addressing the Gap Between Provincial Action and Federal Responsibility
Author(s) -
J. Anthony VanDuzer,
Melanie Mallet
Publication year - 2016
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr462
Subject(s) - treaty , ratification , jurisdiction , negotiation , compliance (psychology) , investment (military) , enforcement , business , law , international trade , political science , law and economics , economics , politics , psychology , social psychology
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.