ABSTRACT

International trade negotiations are no longer largely limited to federal government's constitutional jurisdictions. In this context, substate governments, like Quebec and Wallonia, are aware that their ability to formulate and implement policy, are subject to negotiations in trade talks. This article compares the role of Quebec and Wallonia in the CETA negotiations. While Wallonia was able to force the inclusion of an interpretative legal instrument to clarify certain parts of CETA, Quebec, like the other Canadian provinces, was able to influence the negotiation from within. Quebec's influence was felt on many issues such as regulatory cooperation, certification, labour mobility, cultural diversity, but also on issues that were ultimately left outside the agreement. The comparison provides important lessons: the inclusion in the negotiating process of substate governments, like Quebec, makes it easier for them to make important concessions during the negotiation but also to accept the outcome of the negotiation. Moreover, substate governments are important actors in legitimising these trade treaties. When they strongly oppose them, like Wallonia did, it has a deleterious effect on the legitimacy of the agreement.

摘要

国际贸易谈判不再主要局限于联邦政府的宪法管辖范围。在这种情况下，魁北克省和瓦隆大区等地方政府意识到他们制定和实施政策的能力取决于贸易谈判中的谈判。本文比较了魁北克和瓦隆在 CETA 谈判中的作用。虽然瓦隆能够强制纳入解释性法律文书以澄清 CETA 的某些部分，但与加拿大其他省份一样，魁北克能够从内部影响谈判。在监管合作、认证、劳动力流动、文化多样性等许多问题上，以及最终被排除在协议之外的问题上，都感受到了魁北克的影响力。比较提供了重要的经验教训：像魁北克这样的地方政府参与谈判进程，使他们更容易在谈判中做出重要让步，也更容易接受谈判的结果。此外，地方政府是使这些贸易条约合法化的重要参与者。当他们像瓦隆那样强烈反对时，会对协议的合法性产生有害影响。