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

Cambridge University Press, 7/17/2014
EAN 9781107060517, ISBN10: 1107060516

Hardcover, 349 pages, 22.8 x 15.2 x 2.2 cm
Language: English

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.

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.