Ursprungslandprinzip, Wettbewerb der Staaten und Freiheit

Gerken Lüder

ORDO. Jahrbuch für die Ordnung von Wirtschaft und Gesellschaft, 1999, vol. 50, issue 1, 405-430

Abstract: The processes that originate from the country of origin principle and lead to deregulation, can only in part be interpreted as specific elements of competition among states. A major part of the deregulative effects is produced via the international trade flows of goods: national firms that lose market shares to foreign competitors due to an unfavorable regulatory framework try to induce their government to deregulate. The inherent structure of this process is not a competitive one. Only deregulatory effects that are put into effect via foreign direct investments of multinational enterprises can be considered as an element of competition among states. Being an option of economic policy, the application of the country of origin principle has to meet the requirements that result from the principles of a liberal socioeconomic order. These principles consist of individual freedom, equality and democracy. The country of origin principle is compatible with these principles as far as it is applied to standards of production. It contradicts these principles if it is applied to product standards. This holds not only for regulations to protect other individuals, but also for regulations to protect the user of the product in question and for regulations for other purposes.

Date: 1999
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DOI: 10.1515/ordo-1999-0123

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