Bulletin n. 1/2005
December 2005
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Kukucha Christopher J.
    From Kyoto to the WTO: Evaluating the Constitutional Legitimacy of the Provinces in Canadian Foreign Trade and Environmental Policy
    in Canadian Journal of Political Science--Revue canadienne de science politique , Volume 38 - Issue 01 - March 2005 ,  2005 ,  129 - 152
    The Kyoto Protocol was a controversial issue within Canadian federalism, especially in Alberta, where the province considered a formal constitutional challenge regarding the implementation of the agreement. This option was not pursued, however, due to existing judicial precedent that limits the jurisdictional authority of the provinces in international affairs. Regardless, these rulings still suggest a level of constitutional ambiguity, which creates motivation for federal-provincial cooperation on foreign trade and environmental policy. As a result, highly valued formalized consultative mechanisms have developed in these issue areas during the past two decades. Ottawa's decision to ratify Kyoto, however, represented a significant departure from previous practices of cooperative federalism. In pursuing the protocol as part of his legacy agenda, Chrétien was aware of the provinces' tenuous constitutional status. It is important to note, however, that the resulting tension between both levels of government was atypical and does not threaten the viability of cooperative federalism in the near future.
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