September 30, 2025

International Trade Law and Domestic Regulation: Legal Challenges and Implications of Free Trade Agreements

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This analysis reveals how free trade agreements interact with domestic regulation, indicating potential constraints on policy autonomy.

Free trade agreements often constrain domestic regulatory autonomy, highlighting tensions with public interest regulation.
Legal principles like national treatment and technical barriers to trade affect domestic policy space, impacting regulatory decisions.
Analysis of WTO jurisprudence shows the complexities of balancing trade liberalization with regulatory sovereignty.
Negotiators must address market access commitments while considering legitimate domestic regulatory needs to maintain balance.

Madni et al. (2025) studied this question.

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