The TPP and Good Regulatory Practices: An Opportunity for Regulatory Coherence to Promote Regulatory Autonomy?

World Trade Review (2016 Forthcoming)

25 Pages Posted: 8 Feb 2016

See all articles by Andrew D. Mitchell

Andrew D. Mitchell

University of Melbourne - Law School

Elizabeth Sheargold

University of Wollongong

Date Written: February 6, 2016

Abstract

Chapters relating to regulatory coherence or cooperation are likely to be significant features of new preferential trade agreements, including the Trans-Pacific Partnership (TPP). While the potential for harmonisation of standards or institutional cooperation to impact on the regulatory autonomy of treaty parties has been well considered, this article focuses on those elements of regulatory coherence that relate to domestic processes for the development of regulations. It examines whether the adoption of ‘good regulatory practices’ in accordance with the TPP will help to ensure that measures states enact to protect non-economic interests (such as the environment or public health) are consistent with other key obligations of international trade and investment law. Although many elements of good regulatory practice mirror the criteria used to distinguish legitimate regulatory measures from disguised protectionism, there is no guarantee that a tribunal will come to the same conclusions as those reached during a domestic impact assessment.

Suggested Citation

Mitchell, Andrew D. and Sheargold, Elizabeth, The TPP and Good Regulatory Practices: An Opportunity for Regulatory Coherence to Promote Regulatory Autonomy? (February 6, 2016). World Trade Review (2016 Forthcoming). Available at SSRN: https://ssrn.com/abstract=2728771

Andrew D. Mitchell (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
+61383441098 (Phone)
+61393472392 (Fax)

HOME PAGE: http://www.law.unimelb.edu.au/staff/Andrew%20Mitchell

Elizabeth Sheargold

University of Wollongong ( email )

Northfields Avenue
Wollongong, New South Wales 2522
Australia

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