Transatlantic Regulatory Cooperation

Transatlantic Regulatory Cooperation : Legal Problems and Political Prospects

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International regulatory relations have commonly been viewed through the prism of international organizations, on the one hand, and international trade disputes, on the other. However, neither of these perspectives offers an adequate understanding of the ways in which international regulatory relations are managed or may be managed more effectively. While the one risks overstating the readiness of states to cede regulatory authority to international institutions,
the other risks ignoring the reality of and prospects for cooperative behavior.

Transatlantic regulatory cooperation comprises a highly differentiated "bundle" of techniques for reconciling the needs of international trade with the diversity of national regulatory environments and public demands. The processes involved are still poorly understood, due partly to the fact that they have been very largely improvisational, with the result that the framework of regulatory cooperation is still very much a work in progress. Moreover, the main protagonists in this arena - the
US and EU - have their own well-established domestic regulatory processes with which international initiatives may not readily be integrated, either in terms of values or institutions. While focusing on illustrative sectoral examples of transatlantic regulatory cooperation, this book thus also
explores the more general challenge of accommodating regulatory cooperation with domestic legal and political institutions. The volume closes both by calling attention to inescapable legitimacy questions (e.g. reconciliation with principles of democracy and demands for public accountability) and by exploring certain strategic directions and institutional implications for the future.
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Product details

  • Hardback | 674 pages
  • 165 x 243 x 39mm | 1,057g
  • Oxford, United Kingdom
  • English
  • facsimiles
  • 0198298927
  • 9780198298922
  • 2,419,534

Table of contents

Foreword ; 1. Introduction ; PART I: TRANSATLANTIC REGULATORY CO-OPERATION: THE POLITICAL AND LEGAL FRAMEWORK ; 2. Transatlantic Economic Partnership: Breaking Down the Hidden Barriers ; 3. The United States and Europe: Seeking Common Ground ; 4. Globalization and the Rule of Law ; 5. Listening in on the U.S.-EU Legal Dialogue ; 6. The Transatlantic Business Dialogue: The Perspective of the European Chemical Industry ; PART II: GLOBALIZATION AND TRANSATLANTIC REGULATORY CO-OPERATION ; 7. The Locational and Institutional Embeddedness of the Global Economy ; 8. Global Economic Networks and Global Legal Pluralism ; PART III: TRANSATLANTIC REGULATORY CO-OPERATION: THEORETICAL PERSPECTIVES ; 9. International Regulatory Co-operation: A Neo-Institutionalist Approach ; 10. The 'Demand' for International Regulatory Co-operation: A Public Choice Perspective ; 11. Regulatory Co-operation and Competition: The Search for Virtue ; PART IV: TRANSATLANTIC REGULATORY CO-OPERATION, INTERNATIONAL TRADE AND COMPETITION LAW ; 12. Reconciling Transatlantic Regulatory Imperatives with Bilateral Trade ; 13. Transatlantic Regulatory Co-operation from a Trade Perspective: A Case Study in Accounting Standards ; 14. Competition Law: Linking the World ; 15. Transatlantic Regulatory Co-operation in Competition Policy: the Case for 'Soft Harmonization' and Multilateralism Over New Bilateral US-EU Institutions ; 16. Transatlantic Regulatory Co-operation: Exclusive Club or 'Open Regionalism'? ; PART V: TRANSATLANTIC REGULATORY CO-OPERATION IN SELECTED SECTORS ; 17. Telecommunications and 'Cyberspace': Transatlantic Regulatory Co-operation and the Constitutionalization of International Law ; 18. Biotechnology and Regulatory Risk Assessment ; 19. Existing Legal and Institutional Mechanisms for Co-operation and Co-ordination: The Case of Intellectual and Industrial Property ; 20. International Governance for Voluntary Standards: A Game-Theoretic Perspective ; PART VI: THE INTERFACE BETWEEN INTERNATIONAL REGULATORY INITIATIVES AND THE DOMESTIC LEGAL ENVIRONMENT ; 21. US and EU Structures of Governance as Barriers to Transatlantic Regulatory Co-operation ; 22. International Regulatory Co-operation and US Federalism ; 23. Implementing Regulatory Co-operation Through Executive Agreements and the Problem of Democratic Accountability ; 24. Integrating Regulatory Co-operation into the EU System ; 25. The Respective Powers of the European Community and the Member States in Transatlantic Regulatory Co-operation ; 26. The Implementation of International Regulatory Initiatives in Europe ; PART VII: TRANSATLANTIC REGULATORY CO-OPERATION, DEMOCRACY AND ACCOUNTABILITY ; 27. Transatlantic Regulatory Co-operation and the Problem of Democracy ; 28. Globalization, Transatlantic Regulatory Co-operation and Democratic Values ; 29. North Atlantic Co-operation and Democratizing Globalism ; 30. Agencies on the Loose? Holding Government Networks Accountable ; 31. The Challenges of Globally Accessible Process ; PART VIII: THE FUTURE OF REGULATORY CO-OPERATION: STRATEGIC DIRECTIONS AND INSTITUTIONAL IMPLICATIONS ; 32. Regulatory Co-operation and Managed Mutual Recognition: Elements of a Strategic Model ; 33. Building the 'Transatlantic Economic Partnership': Are New General Institutions Needed? ; 34. Globalization and Transatlantic Regulatory Co-operation: Proposals for US-EU Initiatives to Further Constitutionalize International Law
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Review quote

Without doubt this is a seminal contribution to the field. The collection offers a wide range of approaches and covers most, if not all, of the significant issues that a student of this field needs to master. * International Environmental Agreements: Politics, Law and Economics * ... usable not only as a convenient location for specific "stand-alone" papers but as a coherent text on the subject. * International Environmental Agreements: Politics, Law and Economics * This collection offers a range of highly thought provoking and sophisticated papers, which will undoubtedly be seen as a significant contribution to our understanding not only of transatlantic regulatory co-operation, but of regulation as a whole, in the increasingly integrated global economy. * International Environmental Agreements: Politics, Law and Economics *
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About George A. Bermann

George A. Bermann is Professor of Law at Columbia University School of Law

Matthias Herdegen is at the Universitat Bonn, Rechts - und Staatswissenschaftlich Fakultat

Peter L. Linseth is formerly Associate Director of the European Legal Studies Center at Columbia Law School and currently Associate Professor of Law, University of Conneticut
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