The Treatment of Regulatory Convergence in Preferential Trade Agreements

Polanco Lazo, Rodrigo; Sauvé, Pierre (2018). The Treatment of Regulatory Convergence in Preferential Trade Agreements. World trade review, 17(4), pp. 575-607. Cambridge University Press 10.1017/S1474745617000519

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This article explores the concept of ‘regulatory convergence’ in the context of the evolving literature on legal convergence and divergence. Such a concept has emerged as an overarching horizontal discipline in the latest generation of preferential trade agreements and aims to reduce unnecessary regulatory incompatibilities between countries in order to facilitate cross-border trade and investment.

Differing approaches to regulatory convergence found in recently concluded PTAs, or are currently under negotiation, are examined, with a special focus on the ‘regulatory cooperation’ approach embedded in CETA, the path of ‘regulatory improvement’ taken by members of the Pacific Alliance, and the ‘regulatory coherence’ track included in the TPP. We also refer to the TTIP negotiations conducted between the EU and the US.

The article offers a broad understanding of the different ways in which regulatory convergence is implemented across PTAs, and the legal complexities resulting from the ambiguity of the concept. It further describes the scope and effects of the different mechanisms used to achieve regulatory convergence, on both substantive and procedural matters.

Item Type:

Journal Article (Original Article)

Division/Institute:

02 Faculty of Law > Department of Economic Law > World Trade Institute
10 Strategic Research Centers > World Trade Institute

UniBE Contributor:

Polanco, Rodrigo Javier and Sauvé, Pierre

Subjects:

300 Social sciences, sociology & anthropology > 340 Law
300 Social sciences, sociology & anthropology > 380 Commerce, communications & transportation

ISSN:

1474-7456

Publisher:

Cambridge University Press

Language:

English

Submitter:

Pablo Rahul Das

Date Deposited:

28 Feb 2020 15:06

Last Modified:

28 Feb 2020 15:06

Publisher DOI:

10.1017/S1474745617000519

Related URLs:

BORIS DOI:

10.7892/boris.140850

URI:

https://boris.unibe.ch/id/eprint/140850

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