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[As tariffs have fallen and transnational production has proliferated, regulatory differences have become significant impediments to trade in goods. As a result, regulatory cooperation has become an important element of free trade agreements (FTAs). A common assumption is that governments seek to eliminate regulatory obstacles to trade by aligning their rules. This raises the prospect of geopolitically fueled regulatory competition and potential conflict among regulatory great powers. Based on an analysis of the EU’s agreements and textual proposals in with Asia–Pacific countries, this chapter demonstrates that this is not the case. With the notable, yet partial exception of motor vehicles, these agreements do not seek regulatory alignment beyond what the parties had previously committed to multilaterally. Analysis of the EU’s publicly available negotiating texts strongly suggests that the limited extent of regulatory cooperation in its FTAs largely reflects what the EU anticipates are the limits of acceptable cooperation, rather than the negotiating power of its partner. The US pursues an even less assertive strategy. Moreover, partner countries strive to preserve their capacity to pursue regulatory cooperation with multiple regulatory great powers. Therefore, the EU is not securing a first-mover advantage in the Asia–Pacific region with respect to trade in goods.]
Published: Feb 5, 2022
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