Francesca Rosa

La ripartizione di competenze fra Federazione e Province in materia di "treaty making and implementing power"

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Abstract

The essay examines two models of the exercise of foreign power in the Canadian system: the division of powers between federation and Provinces with regard to the negotiation and conclusion of international treaties and their implementation. It emphasises that the Constitution is substantially silent on the matter of foreign power, so that the competence to sign and implement agreements under international law gives rise to conflict between the two levels of government and consequently leaves ample space for jurisprudence in defining the extent of the powers pertaining to the Federation and Provinces on these matters.

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