Regulatory cooperation in EU FTAs: characteristics of the reestablished practice

Abstract

Regulatory cooperation is a complex and multifarious concept. Its multimodality applies not only to the forms it can take but also to the fora where it may appear. Although regulatory cooperation does not constitute a new trend in EU trade, its current state represents an original development. Regulatory cooperation is now treated as a separate phenomenon in the new generation of free trade agreements (FTAs), raising several questions. What is the significance of this change? How does bilateralism as an external relations tool fit into a concept that partially falls under trade and partially under rule-making? Since regulatory cooperation is considered a trade-related concept that views domestic regulation through the prism of a beyond-the-borders dialogue, is bilateralism the best venue, considering the nature and sensitivities of the regulatory activity itself? What is the status of regulatory cooperation activities in the context of multilateralism, which is a de facto extension of bilateralism? This contribution will answer these questions through the concept of the ‘characteristics’ of contemporary regulatory cooperation, as the latter is envisaged in the new generation of European FTAs. The two identifiable characteristics upon which our analysis shall be based are bilateralism and inclusion in an FTA structure.