Maureen Irish, “Of Trade and Beer: NAFTA, the Comeau Case and Regulatory Cooperation” 42 Can-U.S. L.J. 159-80 (2018).
The article is an extended version of the 11th Canada-United States Law Institute Annual Distinguished Lecture, delivered on October 2, 2017, while the Comeau case on the nature of Canada’s internal market was before the Supreme Court of Canada (see 2018 SCC 15). The paper discusses trade law relating to regulatory cooperation in NAFTA, the European Union, the Canadian Free Trade Agreement and other recent Canadian international initiatives. It examines the ways in which these treaties and other arrangements respond to regulatory differences between importing and exporting jurisdictions. The challenge of how to deal with cross-border commerce involves a balance between territorial control and the practical need to cooperate.