Abstract

http://ssrn.com/abstract=2376753
 


 



Trade, the Precautionary Principle, and Post-Modern Regulatory Process: Regulatory Convergence in the Transatlantic Trade and Investment Partnership


Lucas Bergkamp


Hunton & Williams, Brussels; Erasmus University Rotterdam (EUR) - Erasmus School of Law

Lawrence A. Kogan


Institute for Trade, Standards and Sustainable Development (ITSSD)

December 5, 2013

European Journal of Risk Regulation 4/2013, pp. 493-507

Abstract:     
The Transatlantic Trade and Investment Partnership (“TTIP”) has been hailed as an opportunity for the world’s two largest consumer markets to expand inter-regional trade, investment and jobs, and to secure greater regulatory convergence that could considerably reduce costly and market-distorting extra-territorial non-tariff regulatory trade barriers. This opportunity notwithstanding, Europe’s precautionary principle (“PP”) has been identified as a potential obstacle to a successful TTIP outcome. In our view, the TTIP presents a significant opportunity for creating a process for regulatory cooperation, harmonization, and convergence.

In this article, we focus on the PP and related differences in regulatory procedures. Specifically, we discuss the PP’s relation to post-modernism, and its influence on EU regulatory procedure and science, highlighting the paradoxes inherent in the PP. To put these issues into perspective, we also review the ‘reality of precaution.’ In light of this analysis, we assess the effectiveness of the trading partners’ attempts to reduce the regulatory divide, and explore what the EU and US can learn from each other. We then proceed to present some recommendations on how they should proceed in the TTIP negotiations.

Number of Pages in PDF File: 15

Keywords: international trade, regulation, product standards, post-modernism, precautionary principle, regulatory coherence, regulatory cooperation, international relations, US-EU relations

JEL Classification: F10, F13, F15

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Date posted: January 11, 2014  

Suggested Citation

Bergkamp, Lucas and Kogan, Lawrence A., Trade, the Precautionary Principle, and Post-Modern Regulatory Process: Regulatory Convergence in the Transatlantic Trade and Investment Partnership (December 5, 2013). European Journal of Risk Regulation 4/2013, pp. 493-507. Available at SSRN: http://ssrn.com/abstract=2376753

Contact Information

Lucas Bergkamp (Contact Author)
Hunton & Williams, Brussels ( email )
11, rue des Colonies
1000 Brussels
Belgium
+32 2 643 58 00 (Phone)
+32 2 643 58 22 (Fax)
Erasmus University Rotterdam (EUR) - Erasmus School of Law
3000 DR Rotterdam
Netherlands
Lawrence A. Kogan
Institute for Trade, Standards and Sustainable Development (ITSSD) ( email )
P.O. Box 223
Princeton Junction, NJ 08550-9998
United States
6096587417 (Phone)
HOME PAGE: http://www.itssd.org
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