The European Union's Regulatory Power: Refining and Illustrating the Concept With the Case of the Transfer of EU Geographical Indication Rules to Japan

Abstract

The European Union's (EU) regulatory power is an increasing focus of scholarly attention, but the lack of a consistent definition leaves room for refinement. Studies investigating the EU's role as a global regulatory actor yield different interpretations, some viewing the EU as a global market regulator, some as a power residing in the trade–regulatory nexus and others as a law‐making entity that creates widely emulated rules. This article refines the definition of the EU's regulatory power by presenting a conceptual framework for better understanding the EU's regulatory actorness, encompassing its ends and means as a general regulator and/or a regulatory power. Using the proposed framework to analyse the transfer of EU geographical indication (GI) rules to Japan, this study finds that the EU's regulatory power is particularly conditioned on the interest constellation between the EU and a third country. Regarding the EU's goal of exercising regulatory power, interest promotion seems to take priority over rule exporting or norm sharing.