The Agility Paradigm: Rethinking Regulatory Policy Commitments in Free Trade Agreements

In an era marked by rapid technological advancement and an intensifying imperative for sustainability, the concept of agile regulation has emerged as a new paradigm in regulatory governance. Agile regulation champions a flexible approach essential for regulatory frameworks to evolve alongside changing circumstances. International regulatory cooperation (IRC) is of importance in fostering knowledge sharing and evidence dissemination between states while mitigating regulatory disparities that stifle cross-border innovation, impede collective action against shared risks, and increase trade costs. Against this backdrop, the article delves into the role of free trade agreements (FTAs) in advancing the agile regulation agenda. It discusses how FTAs facilitate regulatory processes and cross-border partnerships that embody agility in their legal and institutional frameworks. As many recent FTAs endorse regulatory policies and practices, including those grounded in good regulatory practices and IRC, they stand poised to reinforce agile regulation by embracing flexibility and adaptability in response to evolving circumstances. However, the article also examines the political legitimacy implications of the trade-(agile)- regulation nexus, including concerns, such as corporate capture and the potential loss of regulatory specificities at the national level.