Institutionalisation Beyond the Nation State: Transatlantic Relations: Data, Privacy and Trade Law

ISBN-13: 9783319502205 / Angielski / Twarda / 2018 / 263 str.

Elaine Fahey

Opis

This volume collects papers that explore institutionalisation in contemporary transatlantic relations. Policy makers, lawyers, and political scientists reflect upon contemporary understandings of the process as an integration of regimes and orders from an EU perspective. The papers assess whether transatlantic relations in contemporary times form a changed study of global governance through its heightened emphasis upon institutionalisation. Coverage features a diversity of case studies of interest to a broad multi-disciplinary audience. In particular, it focuses upon two cutting-edge issues. The first concerns transatlantic data privacy rules that are emerging after the post-Edward Snowdon/ NSA/ PRISM revelations. The second looks at trade through the Transatlantic Trade and Investment Partnership (TTIP) Agreement. The contributors consider these case-studies from a variety of perspectives, honing in upon the dynamism, method, and high politics of transatlantic relations as it has evolved in recent times. They critically explore the common viewpoint that transatlantic relations have been historically considered to be quasi-institutionalised at best or, at most, law-light and institution-light. Is institutionalisation a useful meeting point for all disciplines? Does it explain regional integration meaningfully across subjects? Can institutionalisation serve as a nudge for accountability and good governance? Readers will find the answer to these questions and more inside this volume.

Spis treści

Foreword: Institutions and the new Trade Agenda by Prof. Alasdair R. Young

Introduction: the contradictory ways and means of institutionalisation in transatlantic relations by Dr. Elaine Fahey

I. Data Privacy

1. Civil Liberties and Transatlantic Legislators by Mr. Claude Moraes.

2. Institutionalisation and Transparency in Transatlantic Relations by Dr. Vigjilenca Abazi.

3. Transatlantic relations and institutionalization: The case of data protection by Dr. Maria Tzanou.

4. The Schrems Litigation: EU-US data privacy in collision by Max Schrems.

II. Transatlantic Institutionalisation and Regulation

5. Who recognises standards in TTIP? by Dr. Kai Purnhagen.

6. Institutionalising Transatlantic Business: Financial Services Regulation in TTIP by Dr Davor Jancic.

III. The TTIP Investment Court

7. TTIP’s Investment Court in the Multi-lateral context by Hannes Lenk.

8. International Investment Court and Public Law Trial in Transatlantic Relations by Dr. Catharine Titi.

9. TTIP’s Institutionalization: the Global Governance context by Prof. Robert Finbow.

O autorze

Dr Elaine Fahey is Reader in Law and Associate Dean (International) at the Institute for the Study of European Law (ISEL), the City Law School, City University London. She was previously Emile Noël fellow at New York University (NYU) Law Schoo, a visiting fellow at the Centre for European Policy Studies (CEPS), Brussels in 2017 and a visiting professor at Keio University Law School in Japan in 2017-2018. From 2011 to 2014 she was a Senior Postdoctoral Researcher at Amsterdam Centre for European Law & Governance (ACELG) at the University of Amsterdam from 2011-2014, a Max Weber Fellow at the European University Institute (EUI), Florence (2009-2011) and was previously an Assistant Lecturer and Lecturer in Law in Ireland (Dublin Institute of Technology; Trinity College Dublin). She has practised as a Barrister and was Chairperson of the Irish Society for European Law. She has been a visiting fellow at the University of Michigan, Ann Arbor, the College of Europe, Bruges, the Institute for Advanced Legal Studies and the Global Governance Programme, Robert Schuman Centre, EUI, Florence. She has been a stagiaire at the Court of Justice of the European Union in Luxembourg, a Judicial Research Assistant, Four Courts, Dublin and a Judicial Extern, Los Angeles District Court. 

Her research interests span the relationship between EU law and global governance, the EU’s Area of Freedom, Security and Justice and the study of postnational rule-making, and are the subject of over 50 publications including books, articles, edited volumes and special issues, including a monograph, The Global Reach of EU Law (Routledge, 2016) and the multi-disciplinary edited volumes The Actors of Postnational Rule-Making: Conceptual Challenges of European and International Law (Routledge, 2015) and A Transatlantic Community of Law (Cambridge University Press, 2014).

In 2016, she was awarded a British Academy/ Leverhulme Research Grant for the project Between Internal Laws and Global Practices: UN Instruments in the EU’s Area of Freedom, Security and Justice and an Emile. She is co-investigator in the Marie Curie ITN on TTIP led by the University of Birmingham (2017-2021).

Blurb

This volume collects papers that explore institutionalisation in contemporary transatlantic relations. Policymakers, lawyers, and political scientists reflect on contemporary understandings of the process as an integration of regimes and orders from an EU perspective. The papers assess whether contemporary transatlantic relations call for a different approach to global governance with a heightened emphasis on institutionalisation. The book explores a diverse range of case studies of interest to a broad readership. In particular, it focuses upon two cutting-edge issues: transatlantic data privacy rules that are emerging after the post-Edward Snowdon / NSA / PRISM revelations; and trade aspects, especially the Transatlantic Trade and Investment Partnership (TTIP) Agreement. The contributors consider these case studies from a variety of perspectives, honing in on the dynamism, method, and high politics of transatlantic relations as they have recently evolved. They critically explore the commonly held assumption that transatlantic relations have historically been considered quasi-institutionalised at best or, at worst, lacking in terms of laws and institutions. Is institutionalisation a useful meeting point for all disciplines? Does it explain regional integration meaningfully across subjects? Can institutionalisation serve to promote accountability and good governance?  Contributors across disciplines and subjects address these increasingly challenging and salient questions.