International Regulatory Cooperation in CETA: Application of the Theory of Public International Law
(2019) ESIL Annual Research Forum “Trade Agreements and the Rule of Law” — Location: University of Gottingen (Germany) (3.April.2019)
Files
CFP-ESIL-Interest-Group-International-Economic-Law-Workshop-2019-Gottingen-Research-Forum-2.pdf
Open Access - Adobe PDF
- 441.78 KB
Details
- Authors
- Abstract
- The provisions aiming at reducing non-tariff barriers and notably regulatory differences are the main innovation in CETA and the one that presents most important economic gains. In order to promote compatibility and convergence of their regulations, the EU and Canada have established cooperation mechanisms that, for the first time, integrate guidelines regarding good regulatory policies within a trade agreement but also set up permanent institutional schemes with the objective of facilitating and promoting regulatory cooperation between the parties. Even though these regulatory cooperation mechanisms included in the new generation of trade agreements such as CETA, do not modify directly the legislative and regulatory procedures of the EU and its Members states and are presented as voluntary for the parties, the European civil society is very much concerned about them. It fears that these mechanisms will endanger European democratic principles and restrict the regulatory autonomy of the parties and notably their right to adopt rules in order to follow socio-environmental objectives. This article aims at taking these worries seriously and putting forward an analysis of the regulatory cooperation provisions within CETA which is firstly descriptive and then evaluative. This analysis follows the framework established by the Max Planck Institute for Comparative Public and International Law in the context of the development of an international public law theory.
- Affiliations
Citations
Henet, C. (2019). International Regulatory Cooperation in CETA: Application of the Theory of Public International Law. ESIL Annual Research Forum “Trade Agreements and the Rule of Law”, University of Gottingen (Germany). https://hdl.handle.net/2078.5/93249