International Legal Regimes and Language Policy in Quebec: A Case Study of Compliance, and Some Continuing Tensions

Abstract

Since the late 1960’s Quebec has created a vast network of extensive policies designed to protect and promote the French language. However, in so doing, Quebec has been generally responsive to international legal pressure where its policies conflict with international law norms. Quebec offers an encouraging case study in the possibility that international legal regimes have helped to both contain and accommodate inter-communal ethno-linguistic strife. This study surveys the international legal regimes most relevant to Quebec’s language policies, and finds that Quebec generally does not run afoul of international norms enshrined in international trade agreements, intellectual property regimes, and human rights law. However, Quebec's language laws remain contentious, and in a few discrete areas may conflict with Canada's international law obligations. If these areas of possible conflict were raised in a competent international forum, Quebec’s language policies could be found to violate various of Canada's international agreements.

Keywords: language laws, quebec, canada, international law, ICCPR, human rights, international trade, international investment, collective rights, cultural rights, intellectual property, WIPO, WTO, GATT, cultural protection