Mexico and the World
Vol. 2, No 4 (Fall 1997)
http://www.profmex.org/mexicoandtheworld/volume2/4fall97/chap2.html
Integrating Cities
and Regions: North America Faces Globalization
Edited by James W. Wilkie and Clint E. Smith
Associate Editor: Francisco Gil-White
Cascadia: Shared Visions and Strategic
Alliances in a Cross-Border Region
Alan F.J. Artibise
School of Community
and Regional Planning
University of British
Columbia
Bradly Condon
Council of North American
Business Studies
Simon Fraser University
Warren Gill
Department of Geography
Simon Fraser University
Table of Contents
INTRODUCTION
THE FOUNDATIONS OF CASCADIA
Regional Definitions and Organizations
Regional Characteristics
JOINT VENTURE: ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE
The Economic Base
Intraregional and International Trade
Present Cultural Industries: An Example
1995 Regional Economic Conditions by Province and State
British Columbia , Alberta ,Washington State ,Oregon Montana, Idaho,
Alaska
Economic Integration with International Trade
DEEPENING FREE TRADE IN THE PACIFIC NORTHWEST ECONOMIC REGION
Constitutional Basis of State and Provincial Trade Barriers
The North American Free Trade Agreement (NAFTA)
The Canadian Agreement on Internal Trade (CAIT)
PNWER as an agent of trade liberalization in Cascadia: prospects for
the future
CONCLUSION
ACKNOWLEDGMENTS
REFERENCES
LIST OF FIGURES
1.1 BC Exports to Washington State
1.2 A Cascadia Portrait
1.3 Pacific Northwest States FDI to British Columbia
1.4 Regional Trade Flows in the Pacific Northwest 1994
Introduction
In recent years the notion of
closer cooperation within the Cascadia region has become increasingly popular.
The region, which includes the US Pacific Northwest and part of Western
Canada, is divided politically but united geographically and is rooted
in the old Oregon Territory which was severed by the fixing of the 49th
parallel as the international boundary by the Treaty of Washington in 1846.
As is often the case with political frontiers (East and Prescott 1975),
the settlement on a boundary did not define allegiance: British Columbia
- the Canadian remnant of the Oregon Territory - remained tied economically
and culturally to the rest of what was then a San Francisco-focused region.
Establishing 'Canadianness' in British Columbia became one of the great
challenges of Confederation after 1871 (Howay, Sage and Angus 1942).
This continuing conflict between
geographical and political forces has shaped the history, landscape and
attitudes of what until the 1960s was very much a frontier region (Ormsby
1958, Gibson 1974, Sanford 1978). The Canadian and American components
of the region grew increasingly apart over the first half of the century
as a result of the centralizing and standardizing tendencies of separate
nation building. Yet, significant economic and cultural connections remained.
Since the 1980s there has been increasing awareness of the potential for
reviving the historic regional alliance as a response to the restructuring
of the global economy. Local business, academic, community and political
leaders have begun to see that while Washington State, Oregon or British
Columbia are individually relatively small markets within their respective
countries, when taken together the broader regional market of Cascadia
is one of the largest in North America.
In this chapter the development
of the Cascadia concept is reviewed from its origins in a common geography,
economy and culture to its status today as a recognized regional entity
as the result of various policy, governmental and business initiatives.
We begin with an overview of the region from the 1950s, with a focus on
those aspects of commonality upon which a wider vision has been built through
regional cooperative ventures. In the second section, the current regional
economic outlook for Cascadia is examined, with a focus on intraregional
and international trade. We conclude with an evaluation of the role of
NAFTA and Non Governmental Organizations (NGOs) in fostering trade liberalization.
The
Foundations of Cascadia
Regional
Definitions and Organizations
Several geographic areas have
been described as "Cascadia." The largest is comprised of British
Columbia, Alberta, the Yukon, Washington, Oregon, Idaho, Montana and Alaska.
This regionalization is loosely, but formally, organized as the Pacific
Northwest Economic Region or PNWER, a governmental vehicle for regional
economic cooperation. A more historically correct (Freeman and Martin 1942,
Scott 1980) and common definition is the one utilized by the Cascadia Trade
and Transportation Task Force, based in Seattle, and the Cascadia Institute
based in Vancouver, which is limited to Washington, Oregon and British
Columbia.
The Task Force represents a coalition
of all levels of government and non-governmental organizations in the three
jurisdictions. Its purpose is to develop cross border strategies that focus
on growth management, cross-border mobility, and improved regional trade
and tourism linkages. There is also a more thematically focused group -
the Pacific Corridor Enterprise Council (PACE), a private networking organization
formed to encourage closer business, trade, and tourism links throughout
the region that has chapters in Oregon, Washington, British Columbia and
Alaska.
Other initiatives and organizations
recognize elements of the more urbanized parts of the region. The Georgia
Basin Initiative - a program of the province of British Columbia - includes
those portions of BC and Washington surrounding Puget Sound and the Georgia
Basin. This inland sea stretches from Olympia, Washington in the south
to Campbell River and Powell River, BC in the north. In the past year a
fifth configuration has emerged called "Cascadia's Main Street"
encompassing the major urban and subsidiary centers located on or near
Interstate 5 from Eugene, Oregon to those along Highway 99 in Canada to
Whistler, and the Island Highway on Vancouver Island from Victoria to Campbell
River (Artibise 1994, Artibise 1995).
Regardless of the definition of
"Cascadia," the region offers a spectacular array of natural
and built environments, with wilderness coexisting in relative harmony
with sophisticated urban centers. The defining physical characteristic
of the area is its mountainous nature (Robinson 1989).
While geography has created many
boundaries, and the international border divides two national identities,
the citizens of the region have much in common. The major urban centers
of Seattle, Portland and Vancouver were identified in The Association of
American Geographers Comparative Metropolitan Analysis Project as being
the most similar to each other in terms of size, economic function and
social conditions (Andrus, Beyers et al. 1976, 7). Moreover, these cities
are all characterized by mild temperatures, abundant precipitation, and
a generally overcast and drab climatic regime (McKnight 1992). Notwithstanding
the rain, migration from other parts of North America and overseas is contributing
to rapid urban growth (Artibise, Moudon, and Seltzer 1996). Cascadia is
increasingly attracting attention for the quality of life and relative
prosperity it offers.
Regional
Characteristics
The persistence of geographic,
social and economic ties in the region has led Garreau (1981) to develop
a unified conception of the area as part of 'Ecotopia' in his popular regionalization
of North America. The environmentally-sensitive emphasis of Garreau's term
(and of McCloskey's original 'ecocultural' description of the "Cascadia"
region (Quigley 1990)) is in sharp contrast to formulations used before
'quality-of life' became a favored symbolic feature of the region in the
popular press. Until very recent times the principal characteristic of
the region had been its frontier nature, driven by boom and bust resource
exploitation; even the political life of the region was inseparable from
this condition (Robin 1973, Schwantes 1989). While the cities of Seattle,
Vancouver and Portland were rapidly attaining metropolitan status in the
post-war era (Andrus, Beyers et al. 1976, Hardwick 1974, Abbott 1983, Artibise,
Moudon, and Seltzer 1996) the marks of their more utilitarian origins remained
and they 'retained a frontier roughness' (Roy 1980, 159).
These principal cities are seaports
which until recently have been geared to the export of raw materials. The
waterfront districts, known as Skid Roads, were the original centers of
lumbering operations; serving as rough and tumble entertainment centers
for transient maritime, hinterland and local resource industry workers
(Gill 1972). Prostitution and illegal drugs have historically been significant
problems, with traditional crimes like liquor violations and gambling only
declining in significance since the late 1960's with regulatory liberalization.
The sense of isolation produced
by the mountain barrier, as well as the embryonic and remote nature of
the region, were important defining characteristics in the 1950's before
improvements in continental air transport and telecommunications systems.
Even between cities such as Vancouver and Seattle - more closely connected
to each other by highway and scheduled maritime service than to cities
in their own countries - travel by land was not convenient until the completion
of a freeway connection (Interstate 5/Highway 99) in 1962 (Evenden 1978).
Modernization in regional transportation
continues, fueled by political leadership that recognizes the integrative
potential of the region. The last link of the old maritime network was
severed in 1990 with the sale of the ex-Canadian Pacific Railway turbine
steamer Princess Marguerite, which had maintained a Victoria-Seattle summer
service. While the passing of this representative of 19th century technology
was mourned by many, the Mayors of Seattle, Portland and Vancouver offered
a vision of the 21st century in advocating the development of a high-speed
rail connection between the cities. Mayor Norm Rice of Seattle told a conference
that, 'We need to see our cities as the driving engines of a super region
stretching from southern Oregon to Alaska, from Montana and Alberta to
the Pacific' (Hogben 1990, F7).
While the region is sparsely populated
in an overall sense, by the 1950s the vast majority of the population was
composed of urban dwellers from varied ethnic backgrounds, predominantly
Caucasian, but with significant Asian minorities. In addition, both Vancouver
and Seattle shared a common history of settlement by the other's nationals
(Andrus, Beyers et al. 1976, Roy 1980). The notable population differences
between Vancouver, Seattle and Portland have been the much larger British
Isles-born population in Vancouver and the post-war growth of the African-American
population in the US cities from one percent or less of the population
to over ten percent in Seattle and just less than eight percent in Portland
by 1990. Swollen by the post-war baby boom, by 1960 the majority of the
population in the two cities had been born in the region, a factor which,
when combined with a tradition of geographic isolation, contributed to
a heightened sense of insularity (Macdonald 1980). This insularity has
been somewhat diluted with improved communication links and increases in
immigration. The population of the City of Vancouver is now 27% Asian,
with Portland (5.3%) and Seattle (11.8%) also having significant, if smaller,
communities (Artibise, Moudon and Seltzer 1996).
These commonalties and the activities
of the new regional organizations, such as PNWER, have all played a role
in fostering Cascadia as a greater region. The bio-region is an extraordinarily
attractive area, and its natural beauty and strategic global location have
made it one of the fastest growing urban regions on the continent. Indeed,
the region is rapidly emerging into a single megacity with consequent pressures
on a common land, air and marine environment bisected by an international
boundary. Given the dramatic growth pressures on the bio-region, special
cooperative efforts are needed to preserve quality of life, including opportunities
for employment, housing and recreation. Livable places do not just happen,
they are created by the people who live there (Artibise 1994). One of the
critical factors in nurturing and enabling the creation of such an environment
is the strength of the regional economy.
Joint Venture: Economic Development and International
Trade
The
Economic Base
With a significant part of Cascadia comprised of the great coastal rain
forest, the economic and cultural base of the Cascadia region has been
centered on the harvesting and processing of natural, particularly forest,
resources. The form of industrial relations and settlement patterns, as
well as the character of everyday life, have been tied historically to
the economic fluctuations of this export-driven industry (Warf 1988a, Grass
and Hayter 1989). Because of the frontier nature of the region, and an
industrial base that produced social isolation of workers in camps and
company towns, British Columbia and the US Pacific Northwest have been
the most highly unionized and strike prone regions in their countries (Jamieson
1980). In the post-war period, while there was notable progress away from
the traditional staples economy, the region remained primarily focused
on resource exploitation into the 1960's (McCann 1978, North 1975, Denike
and Leigh 1972, Bradbury 1982). While Boeing of Seattle can be considered
an exception to this generalization, the firm's technological linkages
outside the region have reduced its impact on the economic base in comparison
with the historic sources of economic growth (Erickson 1978). In more recent
times, as a result both of the maturing of the regional economies and environmental
pressures that forced major changes in resource exploitation, there has
been a new emphasis on high technology. The evolving economic base is characterized
by firms such as Microsoft in Seattle, cultural industries related to music,
film and television in Vancouver, as well as tourism throughout the region.
This 'new' economy of Cascadia is highly export oriented with a focus
on the Pacific Rim and includes the traditional resource-based industries,
value-added industries, aerospace, manufacturing, defense, transportation,
energy, tourism, computer software, entertainment, environmental industries,
and biotechnology. Throughout the region there is a complex network of
trade relationships and associations, some long-standing in sectors such
as energy and the forestry. Other more recent networks in the technology
and service sectors are evolving (Artibise 1995).
Intraregional
and International Trade
Intraregional and international trade is significant and growing, with
high levels of cross-border commuting, shopping, and movement of goods
and services. Trade within the provinces and states is a very important
contribution to the economic prosperity of the region. The predominant
commodities traded within the region are newsprint, natural gas, lumber,
seafood, and agricultural products (Figure 1.1). The region is the third
largest computer software development center in North America and an expanding
center for environmental and biotechnology industries. Tourism is one of
the largest sectors of the regional economy, ranking second in British
Columbia and fourth in Washington (Artibise 1994). Taking but one example,
in 1995 the Port of Vancouver served 596,724 revenue passengers, primarily
from the US, as the principal port of the Alaska cruise industry.
Source: Dufour 1996
Through the government-industry
association partnerships previously mentioned the region is being promoted
internationally as a growing technology center. Since 1991 the industry
associations in the region have been holding joint meetings, sharing information,
and raising their profile. The regional thrust has attracted the attention
of analysts and policy makers outside the region and has given the industry
advantages in targeting investment from major North American financial
centers. The Vancouver
INSERT FIGURE 1.2
Stock Exchange is increasingly
an important source of venture capital to industry (Artibise 1988).
Although the traditional large
employers in the resource, defense and aerospace sectors will remain in
a dominant position within the regional economy, value-added manufacturing,
and knowledge-based, high technology, small and midsize companies are providing
much of the recent growth.
Unlike the highly integrated regional
economies of the Great Lakes region, built on the automotive and manufacturing
sectors, the Pacific Northwest and British Columbia have traditionally
been competitors. The ports, airports, and railways serving the region
compete fiercely as gateways for international traffic to North America.
With parallel resource bases, many of the region’s products are similar
and competitive in sectors such as forests products, agri-food, wines,
and seafood. All these strong competitive factors result in relatively
high GDP per capita for the Pacific Northwest region compared to the United
States as a whole. Because of the location of Canada's manufacturing core
in the greater Toronto area, Canada’s per capita GDP is slightly higher
than Cascadia's. Within Canada, British Columbia and Alberta have relatively
high per capita GDP compared to the country as a whole and Cascadia (Figure
1.2).
Another key influence on the region’s
economy is the “information age.” More and more economic interactions are
centered around the transfer of information from one point to another,
or the application of new information in the form of improved product designs,
more effective promotional campaigns, and more efficient capital markets.
One of the consequences of the information age has been that non-industrial
sectors of the economy have expanded more than industrial sectors. National
employment in goods-producing industries has been stable at best, and has
declined in many regions and industries. At the same time, many service
industries, and the regions hosting these sectors, have grown rapidly.
But even though industrial sectors of the economy are not in a state of
rapid expansion, they still represent the foundation for the Pacific Northwest
economy (Artibise 1994).
Present
Cultural Industries: An Example
One of the non-industrial sectors
that has shown tremendous growth throughout the region has centered on
the creation and production of popular music. In the 1950s and 60s a common
youth culture formed in the region around a regional rock and roll variant
known as the Northwest Sound. Originating in the Seattle/Tacoma area, this
regional sound was symbolized by the song ‘Louie Louie’ (Gill 1993). The
song became so emblematic of the region that it was twice nominated as
the official Washington State song, with attempts to have it enshrined
in Oregon and Idaho, as well (The Seattle Times 1989, Collins 1985). The
local music phenomenon that was the Northwest Sound - forged out of the
baby boom and the accelerated development of contemporary west coast society
- mirrored the externality, physical and social ruggedness, and the peripheral
character and ‘newness’ of the region, and helped mark the transition of
the rapidly urbanizing areas of Cascadia from frontier to metropolis.
This common regional experience
of the Northwest Sound prepared the ground for the development of a significant
international musical industry in the 1980s. Vancouver has become a major
international recording, entertainment management and music production
center. Vancouver-based producer, Bruce Fairbairn, has been responsible
for recordings which have sold 60 million units worldwide over the past
fifteen years (Keyes 1996). Artists such as Bryan Adams, k.d. lang and
Colin James continue to enjoy chart success. Moreover, Seattle has emerged
as the center of an innovative local ‘grunge’ music scene typified by bands
such as Queensryche, Nirvana and Pearl Jam which play a ‘cussed, aggressive,
incisively individualistic style...with it’s own attitude’ (Cocks 1992).
Whether the late Kurt Cobain’s anthem ‘Smells Like Teen Spirit’ will be
the ‘Louie Louie’ of the 1990s, remains to be seen. The relation between
the music, culture, economy and geography of the region was summed up in
the 1990s by Guns n’ Roses bass player Duff McKagan, a Seattle native,
who noted, ’You gotta understand Seattle, it’s grunge. People are into
rock & roll and into noise, and they’re building airplanes all the
time and there’s a lot of noise, and there’s rain and musty garages. Musty
garages create a certain noise’ (Azerrad 1992, 44). This noise has proven
to be an important regional economic stimulus and export.
1995
Regional Economic Conditions by Province and State
While there are common bases
of the regional economy in both the established and developing sectors,
the challenge of a more integrated region is for traditional competitors
to move beyond sectoral competition and encourage greater economies of
scale in production and marketing. As a basis for our later discussion
of the legal and political initiatives for trade liberalization and greater
regional economic integration, we turn to a brief examination of the current
economic conditions by province and state.
BRITISH
COLUMBIA
Trade expansion in British Columbia
has led to an increase in housing starts, gains in commodity prices, rising
personal incomes and more retail sales. A prime example of stronger trade
links is the value of British Columbia lumber exports to the United States
which increased by 41 percent in 1993. The importance of the lumber industry
in British Columbia cannot be overstated. B.C. lumber exports represent
34.5% of the province’s commodity exports and 59 percent of all U.S. softwood
lumber imports. Other commodity prices have increased because of stronger
trade links, particularly copper, aluminum, natural gas, pulp, and newsprint.
This reflects strength in the US economy and rapid growth in Asia. The
price gains have prompted the reopening of some mines and increased drilling
of natural gas. Strengthening in commodity markets helped boost corporate
profits by 22.7 percent during 1993 (Northwest Policy Center 1995). Money
managers regard Vancouver as a world leader in mining, with more exploration
geologists based in the city than anywhere else (Prosalendis 1996).
In addition to its presence in
the music industry, B.C. has become a major center of film and television
production. In 1978, the film industry produced $8.5 million (US) worth
of business in B.C. By 1995 this had grown to over $300 million (US) in
direct spending on 35 feature films, 42 movies of the weeks, and 18 TV
series. Most productions, such as the films Jumanji and Ace Ventura II
and TV series The X-Files and The Commish, were for the US market (British
Columbia Film Commission 1996).
ALBERTA
Alberta's economy, measured by
GDP, is in continuous expansion. The exploitation of oil and the farming
of wheat provide a strong economy that contributes strong productivity
to Cascadia. After several years of painful restructuring, the province’s
key energy sector is doing quite well. While not entirely complete, the
sectional restructuring and shedding of employees has slowed considerably.
Oil and gas wells drilled so far have been just shy of 1994's rapid pace.
The drill forecast is an amazing 10,500, more than twice as many as in
1992. Natural gas exports to the United States have swelled with the completion
of pipeline projects and a weakening Canadian dollar. Gas production and
exports are expected to spark employment and income growth in the near
future.
Alberta farmers recently had another
good year in 1995. September was the highest recorded month for bumper
crops. Both of the province’s main cash crops, wheat and canola, have enjoyed
strong and stable prices. At the end of 1995, the United States lifted
its import cap on Canadian wheat of 2 million tons, which it was obliged
to do under the rules of the World Trade Organization. Given the importance
of the U.S. as an export market, this is an excellent new development for
Western Canadian farmers that will provide expansion for the Alberta wheat
economy (Northwest Policy Center 1996).
WASHINGTON STATE
High-tech or knowledge-based industries
play a dominant role in the Washington State economy. Large companies like
Boeing, Microsoft, Hanford, SEH America and Matsushita employ a substantial
number of residents in Washington State. Other industries like forestry
and agriculture also play key roles in the Washington State economy.
Capital investment from Washington
state to British Columbia has recently skyrocketed (Figure 1.3). Large
corporations from the United States are expanding by investing in plants,
property and equipment in British Columbia. Exports of manufactured goods
to Canada have recently increased. Recent developments like Windows 95
(by Microsoft) and the development of the new Boeing 777 have increased
the Canadian demand for these products which in turn have increased exports
to Canada for these goods. The Washington State economy is considered the
strongest of the Pacific Northwest region and will continue to grow, along
with the economic development of Cascadia.
Source:
Pickles 1995
OREGON
The Oregon economy is primarily
focused on lumber and wood products, agriculture, tourism, high-tech industries
and mining. Recently Oregon has experienced a series of high-tech announcements
representing potential investment in excess of $8 billion. The list includes
LSI Logic, Fujitsu, Hyundai, Siltec, and Komatsu Electronic Metals. These
high tech expansions and new plants will be a reservoir of strength for
the state during the companies’ construction and opening phases. Expansions
in Oregon have resulted from the world wide computer chip boom, the state’s
water availability, low cost power, educated workforce and tax breaks under
Oregon’s Strategic Investments Program (Northwest Policy Center 1996).
Oregon’s leading exporters are
in the industries of forestry, agriculture and production crops, industrial/commercial
machinery, and computer equipment. Oregon’s main trading partners are Japan,
Canada and South Korea. Because of Oregon’s coastal location, transportation
waterways are a dominant transportation path that provide easy access for
trade movement to these countries.
MONTANA, IDAHO, ALASKA
Montana is the weakest economy
of the Cascadia Region but has been experiencing recent economic growth
with increases in the farming and construction sectors. The ever increasing
popularity of tourist destinations like Whitefish Ski Resort at Big Mountain
provide economic strength to the area.
Idaho’s economy is improving rapidly.
Idaho’s long surge in economic activity, which began in the late 1980s
and carried the state through the 1990-1991 recession unscathed, put Idaho
as the fourth fastest Gross State Product (GSP) growth rate in the United
States behind Nevada, Utah, and Arizona. Expansion in construction, technology,
forest products and government account for the recent economic boom. The
recent construction boom led to an increase in demand for British Columbia
lumber.
Idaho and Montana’s interior location
places them far from key transportation corridors (seaports, airports),
which are gateways for international trade. This has resulted in poor economic
productivity compared to the rest of Cascadia. These two states also lack
the natural and technological resources that are needed for stronger productivity.
Alaska’s economy is dominated
by tourism and a few large firms such as Trident Seafoods, ARCO, Carr Gottstein
Foods, Fred Meyer and National Bank of Alaska. Alaska is a relatively small
but stable economy that also depends on international trade for its prosperity.
Government programs like the Agricultural Revolving Loan Fund (ARLF) and
the Alaska Science and Technology Foundation help the high-tech and agricultural
sectors of the economy (Fry, Binks and Smith 1992). Because of Alaska’s
small population base, it has the highest GDP per capita in the whole Cascadia
region.
Economic
Integration With International Trade
International trade (Figure 1.4)
and foreign direct investment are dominant sources of economic activity
in the region. The importance of international trade in the Cascadia region
cannot be overstated. With the passage of the Free Trade Agreement (FTA)
and the North American Free Trade Agreement (NAFTA), north-south trade
links have strengthened and increased.
INSERT FIGURE 1.4
With an increase in trade flow
movement over the Canadian-American international boundary, provinces and
states in the region can specialize and implement economies of scale which
will result in higher productivity.
For example, Alberta can specialize
in producing wheat and oil while Washington can specialize in the production
of computers or other high-tech commodities. This method will result in
lower production costs and higher productivity that will benefit each economy.
Each province and state will have a comparative advantage by trading these
commodities and this will strengthen the economic welfare of each province.
Alberta will be more productive in producing and trading wheat compared
to developing computer software.
Organizations like PNWER and the
governments of both Canada and the United States have been working on trade
liberalization policies. The remainder of this chapter focuses on the prospects
and impediments to increasing international trade in the region.
Deepening Free Trade in the Pacific Northwest Economic Region
As noted previously, The
Pacific Northwest Economic Region (PNWER) is a public and private sector
organization made up of representatives from the five states and two provinces
of the Pacific Northwest, Alaska, Alberta, British Columbia, Idaho, Montana,
Oregon and Washington. The group includes both legislative representatives
and government personnel. The mandate of PNWER is to make the Northwest
a major player in the global economy through regional co-operation and
joint ventures, such as joint trade promotion activities. \ While this
organization has been meeting twice a year for a few years now, its members
only decided in 1995 to make the organization a vehicle for trade liberalization
within the region by identifying and eliminating state and provincial barriers
to intra-regional trade in goods and services.
PNWER’s ability to change regulations
that affect trade in the region may be impeded by some of the existing
laws that govern continental trade relations. Despite improvements made
by the Canada-United States Free Trade Agreement (FTA) and its successor,
the North American Free Trade Agreement (NAFTA), there will be no real
free trade within the Pacific Northwest without the co-operation of state
and provincial governments. This is so because states and provinces have
jurisdiction over many regulations that can act as barriers to trade, such
as product standards and licensing requirements.
NAFTA provisions, such as non-discrimination
rules and tariff elimination schedules, have done much to liberalize Canada-United
States trade. Still, there are other vehicles through which free trade
may be achieved in the Pacific Northwest. One vehicle is a formally negotiated
trade agreement, such as the Agreement on Internal Trade between the provinces
and territories of Canada. A second vehicle is a more informal and ad hoc
method where governments cooperate on a project-by-project basis. The former
method ensures a broad-based effort that benefits a cross-section of the
economy; the latter has the advantage of achieving progress in more manageable
chunks and lessens the chances that provinces and states will intrude upon
federal jurisdiction over trade. Thus far, PNWER has elected to use the
latter method by developing projects in sectoral workshops, but the existing
secretariat could act as a vehicle for either method of trade liberalization
in the region. Both approaches could contribute significantly to trade
liberalization in the Pacific Northwest. However, constitutional laws in
both Canada and the United States may restrict the scope of PNWER's trade
liberalization activities.
Constitutional
Basis of State and Provincial Trade Barriers
In the United States, the Constitution
grants to Congress the power "to regulate Commerce with foreign Nations,
and among the several States" (The Constitution of the United States
1976). In contrast to Canada, the federal government of the United States
has retained strong unilateral powers to deal with barriers to interstate
commerce (Schwanen and Trebilcock 1995).
In Canada, the federal government
can enter into treaty obligations, but their implementation as domestic
law must be consistent with the division of powers between the federal
and provincial governments under the Canadian Constitution (Hogg 1985).
As a result, Parliament may not have the constitutional authority to enact
legislation implementing international trade agreements where the subject
matter falls within provincial jurisdiction.
While Parliament may have sufficient
authority under its trade and commerce power to fulfill its obligations
under NAFTA with respect to matters of international trade, the Canadian
Constitution provides little guidance regarding the manner in which the
federal government may implement its NAFTA obligations with respect to
standards and other provincial matters (Canadian Constitution 1982). Parliament
has exclusive jurisdiction to regulate the importation of goods into Canada.
In general, however, only a province may regulate the manufacture, possession
and sale of products inside a province. Thus, while Parliament has exclusive
authority to impose or eliminate tariff barriers to trade, its authority
to regulate non-tariff barriers to trade, such as standards, remains ambiguous.
The
North American Free Trade Agreement (NAFTA)
The fundamental principle of most
trade agreements is national treatment. National treatment requires countries
to treat imports the same as domestic products. In other words, this rule
forbids discrimination against foreign products. Most of the remaining
rules in trade agreements either elaborate further upon the principle of
national treatment or set out exceptions to the rule.
One of the central objectives
of the NAFTA is to "eliminate barriers to trade in, and facilitate
cross-border movement of, goods and services between the territories of
the Parties" (NAFTA, Article 102(1)(a)). As the NAFTA is an agreement
between federal governments it is not necessarily binding on states and
provinces. The agreement only asks states and provinces to treat imports
from other NAFTA countries no less favorably than they treat imports from
other states or provinces.
This state/provincial rule
of non-discrimination has an important "multiplier" effect on
any efforts made to reduce barriers to trade between Canadian provinces
under the Canadian Agreement on Internal Trade (CAIT) or within the Pacific
Northwest under PNWER. If Canadian provinces treat each other's products
more favorably under CAIT, the NAFTA requires them to treat American and
Mexican products no less favorably. If PNWER states and provinces eliminate
trade barriers to each other, they will have to eliminate those same barriers
for states and provinces beyond PNWER. Thus, generally speaking, neither
CAIT nor PNWER can limit the benefits of trade liberalization efforts to
their respective members without violating the NAFTA.
The
Canadian Agreement on Internal Trade
The purpose of the Canadian Agreement
on Internal Trade (CAIT), which took effect in July 1995, is to eliminate
obstacles to the flow of goods, services, persons and capital within Canada.
Under the CAIT, Canadian provinces have agreed not to discriminate against
each other's goods, services, persons, and investments, not to restrict
movement across provincial boundaries and not to maintain measures that
operate to create an obstacle to internal trade. The agreement does, however,
provide a large loophole that allows the provinces to disregard these obligations
in order to pursue a "legitimate objective.” Legitimate objectives
are defined as health, safety or environmental protection, labor standards,
and affirmative action programs. Such measures are not to be used as disguised
barriers to trade that exclude goods and services from other provinces
that meet the legitimate objective. The provinces have also agreed to reconcile
differences in provincial standards and to cooperate in addressing regulatory
differences that act as barriers to trade, including occupational standards.
The agreement also addresses discrimination in public sector procurement,
investment restrictions, incentives for business to relocate from one province
to another, and transportation (Schwanen and Trebilcock 1995).
The CAIT has been criticized for
failing to incorporate more effective rules to ensure harmonization and
mutual recognition of provincial standards, in contrast to specific rules
employed by the European Union:
One is tempted to observe that...[the]
principal objective seems to have been to identify those aspects of the
EEC Treaty that have proved most successful in eliminating barriers, and
then to ensure that similar provisions are not adopted in Canada (Easson
1995, 122).
If PNWER chooses to seek a formal
agreement amongst its members to liberalize trade within the region, it
would be wise to study both the CAIT model and the EEC mechanisms to ensure
that the most effective rules and institutions are put into place to achieve
a free market. Otherwise, agreements to liberalize trade run the risk of
becoming agreements to talk rather than vehicles for eliminating trade
and investment barriers. In this regard, the PNWER secretariat might consider
the advice of Daniel Schwanen, who comments as follows on CAIT procedures:
Taking their cue from the process
used to complete the single European market between 1986 and 1992, the
parties to the Canadian agreement should empower a Secretariat, staffed
by federal and provincial officials dedicated to fostering a well-functioning
common market, to call on government personnel, independent and industry
expertise, and public opinion to put together, for presentation to the
CIT [Committee on Internal Trade], a comprehensive package of the technical
measures necessary to achieve the objectives of harmonization or mutual
recognition of standards laid out in the agreement.
Under such a scheme, rather than
relying on the very people charged with administering barriers in their
respective sectors for their respective governments, the CIT would use
the Secretariat as its primary instrument for developing the measures needed
to complete the agreement (Schwanen and Trebilcock 1995,18).
If PNWER members choose to enter
into a formal agreement to liberalize trade, the PNWER secretariat could
be used as the primary vehicle for developing measures to eliminate barriers
to trade within the Pacific Northwest.
PNWER
as an agent of trade liberalization in Cascadia: prospects for the future
The methods PNWER will use to
liberalize trade in the Pacific Northwest will depend on collective goals.
If the membership wishes to restrict the benefits to the PNWER membership,
the methods will have to be chosen in light of the legal consequences they
will produce under NAFTA and under constitutional laws.
NAFTA's rules regarding non-discrimination
may require PNWER trade benefits to be extended to Mexico, and to non-PNWER
states and provinces. CAIT rules could require the extension of other benefits
to the rest of Canada. Federal jurisdiction over inter provincial trade
and interstate commerce under the Canadian and United States constitutions,
respectively, would give federal governments the power to intervene in
PNWER's efforts, perhaps taking such decisions regarding who benefits out
of PNWER's hands. Federal jurisdiction over international agreements might
prevent any PNWER agreements from having legal effect, and require federal
participation in any PNWER negotiations (Fraser Institute 1993). All of
these issues should be considered prior to proceeding with any action plans.
Conclusion
This chapter has offered a snapshot
of current regional initiatives and priorities in Cascadia. Clearly, there
is a common geographic, economic and cultural basis for greater regional
integration. A number of critical questions must be answered if regional
opportunities are to be realized and if an effective “cross-border region”
is to become a reality. Obviously, a broad, long-term vision is critical.
In this context implementation of an agenda depends on the will of the
region’s leaders, their ability to achieve consensus on priorities, and
their willingness to commit resources to addressing them.
Successful implementation also
depends on the creation of institutional mechanisms for cross-border collaboration.
Some of these initiatives can be undertaken by existing agencies with relative
ease, whereas others are more complex and require government to government
agreements, action by bi-national (or, even, tri-national as in the case
of NAFTA) groups or agencies, and new or at least redesigned institutions.
This chapter has demonstrated that wide variety of individuals, groups,
organizations and governments have accomplished a great deal in a relatively
short period. It is now necessary to sustain and channel this energy into
targeted action.
Acknowledgments
The authors would
like to thank Leeland Hrushkin, a work study student from the Faculty of
Business Administration at Simon Fraser University, for his research assistance.
We also recognize the support of Simon Fraser University at Harbour Centre,
particularly Patricia Gustafson and Velma Liland.
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