Abstract

In certain areas of international trade law, it may not be possible for a traditional global body to directly enforce shared worldwide standards and procedures (possibly due to a lack of sufficient political backing). The ICN experiment shows how a voluntary international network of agencies (with the help of invited experts) can work together on a trust-based basis through "soft law" actions in order to agree on useful outcomes that, in reality, lessen conflicts amongst regimes that are not (and, occasionally, should not be) harmonised. For many other areas of international trade law, standardising standards and procedures may be too much to ask for, but there are other elements of the ICN model that could serve as an inspiration. In these cases, it is argued, it is worthwhile to think about how to cultivate an epistemic community that includes not only agencies/enforcers but also carefully chosen experts from professional practice and academia. Compiling and disseminating pertinent research and reports ought to be a feasible initial step. The decades-long antitrust experience demonstrates the feasibility of establishing a mutually learning culture and a welcoming platform for discussion, both of which foster innovation.

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