Problems of Constitutional Design in Canada: Quebec and the Issue of Bicommunalism

This article traces the attempts by Canada to redesign its federalconstitution to reflect that political reality which most effectivelydistinguishes it from its American neighbor, namely, its bicommunalcharacter. Reviewing various explanations for the constitutionalimpasse, notably that of a conspiracy by English-speaking provincesor of bad faith by the Québec provincial government,the author concludes that in the case of two territorially-basedsocieties, constitution-making becomes a battleground wherelocal elites strive to maintain societal autonomy and make useof governmental institutions to achieve their own objectives.Thus the retreat from bicommunalism, which has characterizedthe 1982 and 1987 constitutional reform exercises, should beseen not so much as a failure of federal-provincial diplomacy,but of the difficulties in accommodating two competing and mutuallyexclusive strategies of state-building.     

Impact of liability rules on modes of coordination for food safety in supply chains

This article analyzes how the allocation of liability for safety defects could influence coordination in the food supply chain. To do so, we analyzed the strategic reaction of importers and supermarkets who import Spanish fresh produce into France. We considered the implementation and enforcement of the European General Food Law as an exogenous shock for French food operators. In France, depending on the situation, food operators can transfer their liability to someone else in the food supply and imports decisions are crucial indicators. After 2005, supermarkets transferred the liability risk linked to importing sensitive products to importers. We argue that this regulatory change also prompted French importers of fresh produce to develop a horizontal, collective governance structure to monitor the safety of imported produce.