Publication Type

Journal Article

Version

publishedVersion

Publication Date

10-2022

Abstract

Pioneered by the US, recent mega-regional trade agreements such as the CPTPP have incorporated ‘regulatory coherence’ provisions—mirroring the US Administrative Procedural Act's core designs—to balance between domestic regulatory autonomy and international cooperation. Building upon existing literature that traces the trajectories of the diffusion of regulatory coherence across jurisdictions, this article analyses how Australia's constitutional tradition could effectively condition the development of regulatory coherence in a Westminster-based model of governance. It is argued that the global entrenchment of regulatory coherence is contingent upon the inherent boundary defined by the political dynamics and constitutional structures within a jurisdiction.

Keywords

public international law, CPTPP, regulatory coherence, good regulatory practices, Administrative Procedural Act, Westminster tradition

Discipline

International Law | Public Law and Legal Theory

Research Areas

Asian and Comparative Legal Systems

Publication

International & Comparative Law Quarterly

Volume

71

Issue

4

First Page

889

Last Page

913

ISSN

0020-5893

Identifier

10.1017/S002058932200029X

Publisher

Cambridge University Press

Additional URL

https://doi.org/10.1017/S002058932200029X

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