One of the stated objectives of recent ‘mega’ preferential trade agreements (PTAs) being negotiated by large trading powers is to address the trade-impeding effects of differences in national regulation. Past experience demonstrates there are serious limitations in what can be achieved in PTAs even in instances where there is a high level of trust among the countries involved. The disappointing results of the European Union’s Internal Market illustrate the challenge of using PTAs to integrate markets. This paper argues that some systemic errors were made in the way the EU Internal Market was negotiated. The two main instruments used to build the EU Internal Market—harmonization and mutual recognition—are of limited usefulness for integrating modern economies. An alternative instrument—mutual equivalence—is a much more promising instrument not only for the EU but also for the mega-PTAs currently under negotiation.
