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 Trade Law
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
Citation
LIU, Han-wei and LIN, Ching-Fu.
Constitutional traditions as boundaries in standardizing administrative rulemaking through trade agreements. (2022). International & Comparative Law Quarterly. 71, (4), 889-913.
Available at: https://ink.library.smu.edu.sg/sol_research/4417
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://doi.org/10.1017/S002058932200029X