From CPTPP to US–Taiwan Initiative on 21st-Century Trade: The Evolution of Good Regulatory Practices and Its Implications for Taiwan

This paper examines the evolution and implications of Good Regulatory Practices (GRP) – otherwise known as ‘regulatory coherence’ in international trade agreements, focusing on the US-Taiwan Initiative on twenty-first-Century Trade. By comparing GRP frameworks in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the United States–Mexico–Canada Agreement (USMCA), and the US–Taiwan Initiative, the paper highlights the challenges of integrating GRP into Taiwan’s legal system. The analysis reveals significant disparities between GRP requirements and Taiwan’s existing Administrative Procedure Act (APA) in key areas such as public consultation, regulatory impact assessments (RIAs), and sunset review mechanisms. The paper also explores potential ramifications for Taiwan’s export control regime, particularly for dual-use technologies like semiconductors, revealing tensions between GRP’s transparency and public consultation demands and confidentiality needs. While GRP aims to enhance regulatory quality and facilitate trade, its implementation in Taiwan necessitates complex legislative adjustments. This paper provides a foundation for future research on aligning Taiwan’s legal framework with GRP principles, considering its unique blend of US and German legal influences. The findings have broader implications for understanding the complexities of implementing GRP across diverse legal and administrative systems globally.