A co-regulatory approach to bilateral trade: assessing and enhancing enforceability of U.S.–China Phase One Agreement in the Trump 2.0 era

Abstract Co-regulatory approaches play a pivotal role in enhancing the legitimacy and enforceability of domestic legislation, particularly in the realm of high-technology regulations. While well-acknowledged in domestic contexts, the application of co-regulation to international law-making and the enforcement of international trade law has received limited scholarly attention. This article addresses this research gap by examining the potential of co-regulatory approaches to facilitate the making and enforcement of technology-related provisions in emerging regional trade agreements (RTA). It draws insights from bilateral trade disputes between the USA and China, with a specific focus on the enforcement of technology transfer rules and intellectual property-related chapters under the Phase One US-China Economic and Trade Agreement. The study suggests that the co-regulatory approach offers an effective analytical framework for understanding and addressing challenges in enforcing RTAs/bilateral trade agreements. Beyond the context of future enforcement of US–China trade arrangements, it also offers broader insights for states seeking to strengthen the legitimacy and enforceability of technology-related rules in international legal agreements through more participatory, adaptive, and institutionally credible governance design.