International Trade Law and Domestic Regulation: Legal Challenges and Implications of Free Trade Agreements
DOI:
https://doi.org/10.71145/rjsp.v3i3.396Keywords:
Free Trade Agreements (FTAs), Domestic Regulation, National Treatment, Investor-State Dispute Settlement (ISDS), Technical Barriers to Trade (TBT), Sanitary and Phytosanitary (SPS) Measures, WTO Jurisprudence, Trade LiberalizationAbstract
Free trade agreements (FTAs) have become a central feature of the global trading system, often extending beyond tariff reductions to affect domestic regulatory autonomy. This paper explores the legal challenges and implications of negotiating FTAs, particularly their interaction with domestic regulation. It examines how international trade law disciplines such as national treatment, technical barriers to trade, and sanitary and phytosanitary measures constrain domestic policy space. Drawing on WTO jurisprudence and recent FTA practices, the paper highlights the tension between trade liberalization and regulatory sovereignty, and discusses how negotiators and policymakers can balance market access commitments with legitimate public interest regulation.
