“PROLIFERATION OF PTAS AND EU TRADE POLICY”
Variations in the design of regulatory cooperation mechanisms in CETA
Regulatory cooperation plays an increasing part in the European externalization strategy. This research aims for increasing the understanding of this phenomenon by providing a typology of different regulatory schemes used within trade agreements. While past research focused on legal design variation across trade agreements, this thesis concentrates its efforts on legal design variation intra-agreement, specifically variation between regulatory sectors. In a recent addition to the European trade network, the EU and Canada presented the Comprehensive and Economic Trade Agreement (CETA) as the “gold standard” for the new generation of trade agreements. This thesis thus looks at this referential treaty and attempts to answer the following question: What are the different types of regulatory design within CETA, and how can the variation in types across regulatory sectors be explained?
Based on the literature on international legalization I propose two dimensions of “regulatory design”: nature of obligation (Hard/Soft) and mode of decision (Ex-ante/Ex-post). This typology establishes four design types that describe the different possible regulatory schemes: Type 1 (Ex-Ante/Hard); Type 2 (Ex-Post/Hard); Type 3 (Ex-Ante/Soft); Type 4 (Ex-post/Soft). Through reviewing CETA, I identify 7 regulatory sectors institutionalized within CETA according the four mentioned types: Biotechnology, Forest products, Geographical Indications, Motor Vehicles, Pharmaceutical Products, Professional Qualifications, Raw Materials.
To explain the negotiation processes resulting in the choice of design types, I mobilize a Rational Institutionalist framework following the premises of the Rational Design research agenda. I develop an explanatory framework based on a structural understanding of the negotiating process. This structure is composed by two interdependence risks affecting the results of the negotiation and thus the design type : High/Low risk of “hold-up” and High/Low risk of shirking. The risk of “hold-up” refers to the possible future re-negotiation of the terms of the agreement and its consequences. It poses that the mutual economic integration resulting from cooperation could make such re-negotiation particularly damage for vulnerable parties. Shirking relates to the literature on enforcement and non-compliance issues. It looks at the possible defection by one party from its legal obligations and to the possibility that a party might opportunistically use pre-existing or existing regulatory divergences to create additional barriers to trade.
This thesis posits that when a risk of hold-up is High, negotiators will use an Ex-ante design, which limits in time cooperation and reduces future “hostage” situations. If this risk is Low, negotiating parties will commit to an Ex-post design. A high level of shirking risk results instead in the use of Hard obligation with the aim of reducing the possible risk of avoidance of legal commitments. At the opposite, when such a risk is low, parties will rather use Soft obligation to design their cooperation.
To explain the variation of design types, three hypotheses are formulated: Type 1 is caused by High “hold-up” and High shirking risks, Type 2 by Low “hold-up” but High shirking, Type 3 by High “Hold-up” but Low shirking, and Type 4 by Low “Hold-up” and Low shirking. The results support the four hypotheses for six sectors out of seven, Biotech being a deviant case. Type 3 is indirectly verified as it is absent from CETA and no sectors with its related results could be found. For empirical testing, a qualitative multi-method approach was adopted. Two methods of comparison were combined: across-case and within-case. The empirical analysis is thus divided in two parts, the first one compares all seven sectors, while the second uses process-tracing for each sector. In terms of data, different sources are harnessed: trade statistics from Eurostat, regulatory documents and position papers. I also interviewed 24 European and Canadian organizations either representing industry or public authorities.
Trade policy – Regulatory cooperation – legalization – CETA – Rational Design – Global Value Chains
7 Regulatory Sectors identified in the Comprehensive Economic and Trade Agreement (CETA)Biotechnology (Biotech), Forest products (Forest), Geographical Indications (GIs), Motor Vehicles (MVs), Pharmaceutical products (Pharma), Professional Qualifications (PQ), Raw Materials (Raw)
Within my research activities I am mainly interested in the political impact of technical features on economic activities either for finance (crypto-assets) or trade (regulatory cooperation)
Nov 2016 – August 2017 LUISS Guido Carli Rome, Italy
Sep 2017 – Jun 2018 Université Laval Québec, Canada
Sep 2018 – Feb 2018 Istituto Affari Internazionali (IAI) Rome, Italy
Mar 2019 – 2020 LUISS Guido Carli Rome, Italy
DEGREES AND TITLES
Master in International Relations, specialization Peace, Security and Conflicts
Double Master Degree :
Tongji University, Shanghai, China (09/2013 – 06/2014)
Université Libre de Bruxelles (ULB), Belgium (09/2012 – 07/2013)
Thesis Title : “Confucianism and Legalism in Chinese Official Slogans : From “Peaceful Rise” to “Chinese Dream””
Bachelor in Political Sciences
University of Geneva – Switzerland (09/2008 – 01/2012)
Exchange Semester : Australian National University (ANU), Canberra, Australia
September 2018 - February 2019
Istituto Affari Internazionali (IAI), Rome
- Conducted researches on Financial technologies, Digital Regulations and Crypto-assets.
- Authored a commentary for IAI series on EU digital regulations.
- Followed IAI project on the impact of Fintech for the Banking sector globally and in Italy.
February 2016 - June 2016
International Organization for Standardization (ISO), Geneva
- Conducted researches and authored 6 case studies on services standards.
- Authored and submitted to the Secretary-General a policy brief and a strategic action plan on standards and trade.
February 2015 - December 2015
Mission of Switzerland to the World Trade Organisation (WTO), Geneva
- Participated to Trade negotiations for bilateral and multilateral processes (e.g. Environmental Goods Agreements, Trade in Services Agreement, EFTA bilaterals with Turkey, Government procurement Agreement, WTO COAG, WTO GATS, WTO MC10).
- Drafted analyses on countries’ trade policy (Trade Policy Reviews of India, Canada, New-Zealand, South-Africa Custom Union)
French: Native Language
English: C2 (112/120 in TOEFL IBT) (fluent)
German: C1 Goethe Zertifikat (fluent) (Munich 02/2012 – 07/2012)
Chinese: A2, intermediary level of Mandarin
Italian : intermediairy speaking skills
Global Regulations for a Digital Economy: Between new and old challenges, under review at Global Policy. With Guillaume Beaumier.
Ruling through Technology: Crypto-assets’ Contestation of Tech Giants, Working Paper. With Guillaume Beaumier.
“Investigating supranationalism in Preferential Trade Agreements rules-making”, in The supranational at stake? the EU’s external competences caught between complexity and fragmentation, eds. Mario Telo and Anne Weyembergh. Brussels : Routledge. forthcoming. 2019.
“Qualitative Comparative Analysis (QCA)”, in Key Concepts in Research Methods, eds. Jean-Frederic Morin et al. Oxford University Press, forthcoming. With Claudius Wagemann. Forthcoming. 2019.
Digital Regulations and the Risk of a Securitized Internet”, IAI Commentaries, Istuto Affari Internazionali, December 2018.
“Cryptocurrencies: New Rules for a New Technology?”, Research Note, Universit ́e Laval, Centre for Interdisciplinary Studies in International Trade and Investment (CISITI), (Summer 2018), With Guillaume Beaumier.
Review of The logic of Chinese Politics: Cores, Peripheries and Peaceful Rising, by Sabrina Ching Yuen Luk and Peter W. Preston, Etudes internationales, 48 (3-4), (Autumn 2017): 551-553.
Roundtable ““Regulating The Digital Economy: an Impossible Challenge?”, ULB-IEE, Brussels, 6th September 2019
- Organization of a policy roundtable convening 23 multi-stakeholders, including members of the EC, onthe ability for public regulations to address technological challenges
Workshop “Economic Regulations in a Digital World”, Westin Harbour Hotel, Toronto, 25th - 26th March 2019
- Organization of an academic workshop convening 21 international scholars on the impact of digitaltechnologies for economic regulations.
Both events received fundings from the GEM-STONES programme, the Canadian Research Council (SSHRC), the Centre d’études pluridisciplinaires en commerce et investissement internationaux (CEPCI) and the Istituto Affari Internazionali (IAI)
49th UACES Conference, Panel: “Regulatory Cooperation Design in PTAs: a Sectoral Approach”, Lisbon, 1-4 September 2019.
AFEP-IIPPE Conference, Panel: ““Ruling through Technology: Crypto-assets’ Contestation of Tech Giants”, Lille, 3-5 July 2019.
60th International Studies Association (ISA) Convention, Panel: “Ruling through Technology: Crypto-assets’ Contestation of Tech Giants”, Toronto, 25th - 30th March 2019.
GEM-STONES/WIRE Workshop “Economic Regulations in a Digital World”, “Ruling through Technology: Crypto-assets’ Contestation of Tech Giants”, Toronto, 26th March 2019.
European Union in International Affairs (EUIA), Panel: Lobbying at the EU Level for or against regulatory cooperation: The horizontal, sectoral and societal triangle dilemma in EU Preferential Trade Agreements, Brussels, 16th - 18th May 2018.
59th International Studies Association (ISA) Convention, Flash Talk: Regulatory Cooperation in Preferential Trade Agreements: A Story about Lobby, Trade, and Standards, San-Francisco, 4th - 7th April 2018.
Summer school, World Trade Institute, “Political Economy of Globalization”, Bern, 7-11 august 2017