A Transatlantic Community of Law: Legal Perspectives on the Relationship Between the EU and US Legal Orders

ISBN-13: 9781107060517 / Angielski / Twarda / 2014 / 349 str.

Elaine Fahey

Opis

As a medium for communication between the EU and the USA, law has the ability to provide unique insights into the state of contemporary transatlantic relations. A Transatlantic Community of Law offers legal perspectives on the emerging institutional characteristics of transatlantic relations and contemporary rule-making in both trade and security. Making use of rule of law analysis which has hitherto not been conducted in transatlantic relations scholarship, it draws together EU law, governance and rule-making scholarship and offers new ways of thinking about the use of law and contemporary transatlantic institutions.

Spis treści

Foreword Koen Lenaerts; Foreword Mark A. Pollack; 1. Introduction and overview Elaine Fahey and Deirdre Curtin; Part I. Institutionalisation and Transatlantic Relations from a Legal Perspective: 2. The US Supreme Court and highest courts in Europe: the nature and impact of a transatlantic judicial dialogue Elaine Mak; 3. The European Parliament and EU-US relations: revamping institutional cooperation? Davor Jancic; 4. Transatlantic adjudication techniques: the commerce clause and the EU's internal market harmonisation clause in perspective José Antonio Gutierrez-Fons; 5. A 'bottom-up' perspective on EU-US cooperation: the role and potential of sub-national and sub-state authorities Josephine van Zeben; Part II. Rule Making between the EU and US: 6. The use of law in transatlantic relations: questions of form and characterisation Elaine Fahey; 7. Transatlantic regulatory cooperation in trade: objectives, challenges and instruments for economic governance Tamara Takács; 8. Addressing transatlantic regulatory barriers: can the US and the EU create an effective equivalency instrument? Jim Matthis; 9. A postnational marketplace: negotiating the Transatlantic Trade and Investment Partnership (TTIP) Marija Bartl and Elaine Fahey; Part III. Security and Transatlantic Relations: 10. Transatlantic relations and security – reflections from a politician, practitioner and litigator Sophie in 't Veld; 11. Perspectives from politics on law: obstacles to transatlantic legal cooperation in the 'war on terror' Wyn Rees; 12. Transatlantic counter-terrorism agreements on the transfer of personal data: a test for democratic accountability in the EU Juan Santos Vara; 13. Transatlantic counter-terrorism cooperation and European values: the elusive quest for coherence Valsamis Mitsilegas.