Legal Implementation of cluster policy in national legal systems: international benchmarks, institutional models, and regulatory constraints

The article is devoted to a comprehensive analysis of the legal implementation of cluster policy in national legal systems in the context of contemporary international economic and institutional transformations. Cluster policy is examined as one of the key instruments of state economic and innovation strategy aimed at enhancing competitiveness, stimulating technological development, and ensuring sustainable regional growth. The study substantiates the argument that, despite the broad international recognition of clusters, their legal consolidation remains fragmented and uneven, which generates significant challenges for the implementation of cluster policies at the national level. Particular attention is paid to the cross-sectoral nature of cluster policy, which combines elements of industrial, innovation, regional, investment, and competition policy and, accordingly, intersects with several branches of law. It is demonstrated that the predominance of programmatic instruments and soft law mechanisms necessitates their adaptation or harmonisation within domestic legal systems, as the direct transposition of international recommendations is, in most cases, impracticable. The article analyses the relationship between cluster policy and states’ international trade and investment obligations, particularly in the field of subsidies, state aid regulation, and the principle of competitive neutrality. It is shown that public support for clusters may give rise to potential conflicts with the norms of international economic law, thereby requiring careful legal justification of relevant incentive mechanisms. Special attention is also devoted to the institutional dimension of implementation, including issues related to the legal status of cluster governance bodies, multi-level governance arrangements, and contractual forms of cooperation between public and private actors. Based on a comparative analysis of the European, North American, Asian, and Scandinavian models of cluster policy, the article concludes that there is no universal legal model for its implementation. At the same time, the existence of common international benchmarks shaping the framework of national legal regulation is identified. The study concludes that effective implementation of cluster policy is possible only through the combination of programmatic objectives with clearly defined legal mechanisms, institutional certainty, and consistency with states’ international obligations in the fields of trade and investment.