TTIP, Democracy and Market in the Swiss Constitution
Charlotte Sieber-Gasser
Citation: Charlotte Sieber-Gasser, Democratic Legitimation of Trade Policy Tomorrow, in: Jusletter 9. November 2015
Free Trade Agreements (FTAs) are increasingly concerned with regulatory convergence, rather than with elimination of tariffs. This appears to result more often in so-called dynamic trade agreements, which still evolve after adoption. Economic integration in democracies, however, depends on the support of the constituency. This article analyses the challenges to democratic legitimation of global economic integration based on dynamic trade agreements in a case study on Switzerland. It finds that the current principles and institutions of democracy in Switzerland are unlikely to fully accommodate the new regulatory challenges of dynamic FTAs.
Table of contents
I. Introduction
II. Trade Liberalization Today
1. Dynamic Trade Agreements
2. Impaired Democracy?
3. Challenge Ahead: Including the Constituency in the Process
III. Trade Law and Democracy: The Case of Switzerland
1. Regulatory Basis of Trade Policy in Switzerland
2. Evolution of Swiss Free Trade Agreements
3. Democratic Legitimation of Swiss Free Trade Agreements
4. Problems with the Common Practice of Standard Agreements
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