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Legalization of Regulatory Cooperation

  • Kornilia Pipidi-Kalogirou

摘要

This chapter examines in detail the Chapters on Regulatory Cooperation of the FTAs under analysis and argues for a move towards law, that is attempted through their inclusion in legally binding treaties. In order to do so, it uses the concept of ‘Legalisation’ and its components, obligation, precision and delegation. Each component contributes to the overall legalization while serving a different purpose in the present Chapter. Under ‘obligation’ the Chapter discusses the legal nature of the commitments made. Under ‘precision’ follows a descriptive analysis of the Chapters on Regulatory Cooperation, with a focus on the substance of the commitments and the implicated subjects and objects. Lastly, under ‘delegation’, this Chapter analyses whether Regulatory Cooperation in FTAs possess a dynamic element, either rule-making capacities or an adjudicating mechanism.