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Assignment 2

Running Head : SCHNEIDERMAN 'S NEW CONSTITUTIONALISM IN

Schneiderman 's New Constitutionalism in Analyzing the Trade , Investment and Labour Mobility Agreement Between British Columbia and Alberta

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Schneiderman 's New Constitutionalism in Analyzing the Trade , Investment and Labour

Mobility Agreement Between British Columbia and Alberta

I . Introduction

Perceived barriers between and among states on various activities especially those that can provide economic benefits , have led to various agreements trying to eradicate these obstructions . This is true both locally and internationally and these agreements are believed

to be the solution for removing restrictions on trades between and among states Some examples are the General Agreement on Tariffs and Trade (GATT ) for an international setup and Trade , Investment and Labour Mobility Agreement (TILMA ) for its localized version such in the case of British Columbia and Alberta TILMA in Canada

Even before this TILMA between and /or among provinces came into , there was already the Agreements on Internal Trade (AIT ) existing among Canadian provinces . Efforts for these agreements are made in to lessen the barriers existing between and /or among provinces , which according to MacMillan and Grady (2007 , is a big irritant ' to the economic union of Canada . However , are these agreements really beneficial to those who are supposed to benefit them ? Or are these agreements not in breach of previous agreements the Canadian government have signed with ? In fact , one author and a University of Toronto professor , David Schneiderman , has written a that may relate to these kinds of agreements , both locally and internationally , which , he entitled Investment Rules and the New Constitutionalism

On the other hand , this will try to examine and analyze and will finally conclude if what Schneiderman have argued on the New Constitutionalism discussion may be used or not , as a basis to evaluate the agreements , specifically the TILMA entered into by and between British Columbia (BC ) and Alberta provinces of Canada

II . Overview of BC - Alberta TILMA

The agreement 's operating principles have made the two western Canadian provinces to resolve on establishing comprehensive agreement on trade investment and labour mobility (may collectively referred to as the benefits ) on all sectors of the economy (Trade , Investment , 2006

br 1 . The whole idea of TILMA was established based on Article 1800 of the Agreement on Internal Trade (AIT ) permitting the two provinces to enter into additional arrangements for further liberalization of trade investment and labour mobility . It was further resolved that the agreement would eliminate barriers restricting or impairing the benefits would enhance the stability and growth as well as competitiveness of the involved provinces would increase opportunities and give better options to labourers /workers , business entities investors and to the end users /consumers while reducing the costs at the same time and it would promote an environmentally safe and sustainable development together with high consumer development levels as well as higher labour and health standards . In fact the mentioned resolutions of the TILMA are only partial list , however from the aforementioned...

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