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Conclusion

  • Kornilia Pipidi-Kalogirou

摘要

The thesis deals with the Chapters on Regulatory Cooperation in the newest FTAs and engages in the presentation and legal analysis of their content, legal nature and possible interaction in the EU legal order. As the Introduction (Chap. 1 ) of the thesis establishes, the Regulatory Cooperation Chapters as included in the so-called new generation FTAs were at the epicentre of the trade negotiations starting from TTIP, for two distinct reasons, namely the failure of advancement on such issues on the WTO level and the changing nature of the exigencies of contemporary trade relations, the liberalisation of which depends more on the behind- the-border regulatory barriers, rather than on the abolishment of tariffs. The stubbornness with which these trade nuisances have established themselves, has led to the extensive regulation of Regulatory Cooperation Chapters in the respective parts of the new generation FTAs, which however are separate from the advancement of TBT and SPS issues. Indeed, certain new generation FTAs go beyond that, in introducing Regulatory Cooperation on a more general basis, extending it thus to plethora of possible ‘candidate’ subjects. Accordingly, such a horizontal Regulatory Cooperation, in the forms it holds today, has gained academic interest, regarding its manifestation and application, as well as its application in the EU legal order. The thesis in particular provides answers to the legitimacy concerns that were raised by part of the legal scholarship, i.e. the threat that Regulatory Cooperation can present to the democratic accountability, the upholding of high standards and the regulatory sovereignty.