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  • 17 - Regulatory Convergence in Preferential Trade Agreements

  • Edited by Kathleen Claussen, Georgetown University, Washington DC, Manfred Elsig, Universität Bern, Switzerland, Rodrigo Polanco, Universität Bern, Switzerland
  • Book:
    The Concept Design of a Twenty-First Century Preferential Trade Agreement
    Published online:
    04 April 2025
    Print publication:
    06 March 2025, pp 388-420
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  • Summary

    This chapter traces the evolution of the recent inclusion in preferential trade agreements (PTAs) of chapters dealing with the process of procedural or substantive regulatory convergence, under different denominations such as ‘regulatory cooperation’, ‘good regulatory practices’, ‘regulatory improvement’, and ‘regulatory coherence’, among others. After mapping this discipline in existing PTAs, we categorise its development in three different approaches: substantive regulatory harmonisation (or ‘substantive coherence’ – the same rule), procedural coherence (the same process), and regulatory cooperation (or ‘regulatory compatibility’ – equivalent rule / equivalent process). The chapter concludes with the possible ways forward for regulatory convergence, considering the use of dispute settlement, regional and sectoral harmonisation, as well as an increased role of private and mixed actors.