Means of Influence, the Joint-Decision Trap and
Multilevel Trade Negotiations: Ontario and
Québec and the Renegotiation of NAFTA
Compared
Stéphane PAQUIN
*
Trade negotiations address issues that are increasingly pertinent to substate governments, leading
many to insist on being included in trade negotiations. The increasingly multilevel nature of trade
negotiations and the influence of substate governments in the negotiation process is beginning to
attract theoretical attention. The Canadian case is interesting here as it allows us to test two
recent theories about the role of substate governments in trade negotiations. Canadian provinces
are increasingly included in trade negotiations despite the fact that they do not have veto power
and the Senate of Canada does not represent their interests. The Canadian case demonstrates
that, contrary to the means-of-influence theory, inclusion in the negotiation process is more
important than formal constitutional powers. Moreover, contrary to a recent theory that questions
the joint-decision trap perspective, in the case of the NAFTA renegotiation, granting veto power
to the provinces would likely have been a major problem for Canadian negotiators. This article
compares the role Ontario and Québec played in the NAFTA renegotiations with their role in
CETA and Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
negotiations.
Keywords: Trade negotiation, federalism, means of influence, joint-decision trap, Canadian pro-
vinces, Ontario, Québec, NAFTA renegotiations, CETA, CPTPP
1 INTRODUCTION
The role of substate governments in international trade negotiations is beginning to
attract theoretical attention. Substate governments are becoming more involved in
trade policy. Jörg Brochek calls it ‘an increasingly widespread phenomenon’,
1
despite the fact that the literature on international economic law tends to downplay
Paquin, Stéphane. ‘Means of Influence, the Joint-Decision Trap and Multilevel Trade Negotiations:
Ontario and Québec and the Renegotiation of NAFTA Compared’. Journal of World Trade 56, no. 5
(2022): 853–878.
© 2022 Kluwer Law International BV, The Netherlands
*
Full professor, École nationale d’administration publique, université du Québec, Canada. This work
was supported by the Social Science and Humanities Research Council of Canada. I would like to
thank Laurence Marquis for her help in conducting this research. Email: stephane.paquin@enap.ca.
1
Jörg Broschek, The Federalization of Trade Politics in Switzerland, Germany and Austria, Regional &
Federal Studies, 1 (1 Jun. 2021).