Publication Type
Working Paper
Version
publishedVersion
Publication Date
2-2024
Abstract
The article revisits the rationale of regulatory policy commitments in FTAs and assesses their normative impact considering the emerging paradigm of regulatory agility. It argues that commitments on best regulatory practices and regulatory cooperation can lead to more efficient, effective, and flexible regulations thereby preparing countries to implement future-proof and agile regulation to tackle current challenges stemming from technology and sustainability. Moreover, by promoting international regulatory cooperation activities, comprehensive FTAs further evolve into open-ended, living agreements, which are prone to establish dynamic bilateral or plurilateral regulatory relationships. However, the article also shows that the functionalist rationale perspective on the trade-(agile)regulation nexus may have certain implications for political legitimacy. This is critically assessed by addressing concerns such as corporate capture and the potential loss of national regulatory autonomy.
Discipline
International Law
First Page
1
Last Page
25
Publisher
SSRN
Citation
SCHACHERER, Stefanie.
Normative impacts and legitimacy dimensions in the intersection of trade and agile regulation within comprehensive free trade agreements. (2024). 1-25.
Available at: https://ink.library.smu.edu.sg/sol_research/4617
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
