Horizontal Regulatory Coherence Aspects of the TPP

Publication Date

1-1-2019

Document Type

Book Chapter

Organizational Units

Sturm College of Law

Keywords

Trans-Pacific Partnership (TPP), Regulatory coherence, Technical Barriers on Trade, International standardization mechanisms, Free Trade Agreement (FTA), Trade treaties

Abstract

This chapter argues that a close examination of the interaction between the Technical Barriers on Trade and the Regulatory Coherence chapters of the TPP may be subject to criticism along these exact lines. Specifically, the use of international standardization mechanisms in these two chapters may deepen perceptions of distrust and exacerbate both transparency and democratic deficiency concerns. This chapter proceeds in six sections. Section 2 defines key terms of regulatory cooperation, coherence, harmonization, and standardization. By way of background, Section 3 briefly compares the regulatory coherence approach taken in the TPP to those in a sample of existing US FTAs. Section 4 discusses the growing, and largely unexamined, power of international standard-setting organizations and demonstrates how they can impact the content and nature of trade norms in the new generation of trade treaties of the TPP exemplifies. Section 5 provides a detailed analysis of the different mechanisms embedded in the TPP with respect to regulatory coherence, harmonization, and standardization, and uses an example from the cosmetics annex to show how standards might harden into "rules" or "norms." Section 6 concludes with some thoughts on the dangers these rule-hardening processes might pose and suggests a roadmap for meaningful regulatory coherence that addresses such dangers.

Rights Holder

Cambridge University Press

Language

English (eng)

Extent

25 pgs

Publication Statement

Copyright is held by Cambridge University Press. User is responsible for all copyright compliance.

This book chapter was originally published as Phoenix X.F. Cai, Chapter 28 to The Comprehensive and Progressive Trans-Pacific Partnership: Analysis and Commentary 650 (Jorge A. Huerta-Goldman & David A. Gantz eds., Cambridge University Press 2022).

First Page

650

Last Page

674

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