CONFLICT IN TRADE-POLICY - THE ROLE OF THE CONGRESS AND THE PROVINCES IN NEGOTIATING AND IMPLEMENTING THE CANADA-UNITED-STATES FREE-TRADE AGREEMENT

The provincial role in trade policy has until recently been limited, but the increasing impact of international trade negotiations on domestic policy issues has come into direct conflict with provincial jurisdiction. At the same time, Congress has handed some of its constitutional authority over trade matters to the executive branch through the granting of ''fast track'' negotiating authority. The paper argues that, as a result of these developments, the functional roles that Congress and the provinces played in the negotiation of the FTA were not significantly different in the two countries. However, in the implementation of the trade agreement, roles again became clearly defined by constitutional jurisdiction.