L'Activite du Quebec en Matiere de Commerce International: De l'Enonciation de la Doctrine Gerin-Lajoie a la Negociation de l'AECG

The doctrine Paul Gérin-Lajoie launched in April 1965 is not intended to extend to international trade nor to the protection of investments. Indeed, the reading of the 1867 Constitutional Act convinces its readers that it is difficult to claim that these two fields fall under the internal or external jurisdiction of the Canadian provinces. However, it must be recognized that the expansion of Quebec’s international activity during the past 50 years, combined with the broadening of the themes covered by economic integration agreements, have brought Quebec to play a significant role within the international economic and commercial arenas. Through its implementation powers for the contents of international agreements, derived from the legislative jurisdiction it holds, Quebec has been involved in numerous manners in the negotiation of important economic partnership agreements, such as the Comprehensive Economic and Trade Agreement (CETA) signed between Canada and the European Union. Quebec was also closely involved in the resolution of important commercial disputes to which Canada was a party before the Dispute Settlement Body of the World Trade Organization or before bodies created under NAFTA. Similarly, the province was consulted for the resolution of complaints brought by foreign investors in the framework of investor-state arbitrations. Quebec’s international activity in economic and commercial matters has also manifested itself through the signature of intergovernmental agreements on public markets or the creation of a North American carbon market. Quebec has progressively developed and increased its influence on the elaboration and implementation of commercial agreements. Hopefully, the Trans-Pacific Partnership negotiations, during which Canadian provinces were largely relegated to the sidelines, do not herald a setback in this respect.

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