Transatlantic Regulatory Cooperation
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1 Transatlantic Regulatory Cooperation Legal Problems and Political Prospects Edited by GEORGE A. BERMANN, MATTHIAS HERDEGEN, and PETER L. LINDSETH OXTORD UNIVERSITY PRESS
2 Contents Foreword Ambassador Richard N, Gardner Notes on Contributors Introduction George A. Bermann, Matthias Herdegen, and Peter L. Lindseth 1 vii xv PART I: TRANSATLANTIC REGULATORY COOPERATION: THE POLITICAL AND LEGAL FRAMEWORK Transatlantic economic partnership: breaking down the hidden barriers The Right Honourable Lord Brittan of Spennithorne, QC 17 The United States and Europe: seeking common ground Ambassador David L. Aaron 25 Globalization and the rule of law Jean-Louis Dewost 29 Listening in on the US-EU legal dialogue David R. Andrews 35 The Transatlantic Business Dialogue: the perspective of the European chemical industry Hans-Ulrich Engel 39 PART II: GLOBALIZATION AND TRANSATLANTIC REGULATORY COOPERATION The locational and institutional embeddedness of the global economy Saskia Sassen 47 Global economic networks and global legal pluralism Francis Snyder 99 PART III: TRANSATLANTIC REGULATORY COOPERATION: THEORETICAL PERSPECTIVES International regulatory cooperation: a neo-institutionalist approach Giandomenico Majone 119
3 xii CONTENTS The 'demand' for international regulatory cooperation: a publicchoice perspective Jonathan R. Macey 147 Regulatory cooperation and competition: the search for virtue Paul B. Stephan 167 PART IV: TRANSATLANTIC REGULATORY COOPERATION, INTERNATIONAL TRADE, AND COMPETITION LAW Reconciling transatlantic regulatory imperatives with bilateral trade Mauro Pettricione 205 Transatlantic regulatory cooperation from a trade perspective: a case study in accounting Standards Joel P. Trachtman 223 Competition law: linking the world Eleanor M. Fox 243 Transatlantic regulatory cooperation in competition policy: the case for 'soft harmonization' and multilateralism over new bilateral US-EU institutions Merit E. Janow 253 Transatlantic regulatory cooperation: exclusive club or 'open regionalism'? Petros C. Mavroidis 263 PART V: TRANSATLANTIC REGULATORY COOPERATION IN SELECTED SECTORS Telecommunications and 'Cyberspace': transatlantic regulatory cooperation and the constitutionalization of international law Klaus W. Grewlich ~" 273 Biotechnology and regulatory risk assessment Matthias Herdegen 301 Existing legal and institutional mechanisms for cooperation and coordination: the case of intellectual and industrial property JosefDrexl 319 International governance for voluntary Standards: a gametheoretic perspective Walter Mattli 337
4 CONTENTS xiii PART VI: THE INTERFACE BETWEEN INTERNATIONAL REGULATORY INITIATIVES AND THE DOMESTIC LEGAL ENVIRONMENT US and EU structures of governance as barriers to transatlantic regulatory cooperation Jonathan R. Macey 357 International regulatory cooperation and US federalism George A. Bermann 373 Implementing regulatory cooperation through executive agreements and the problem of democratic accountability Joel R. Paul 385 Integrating regulatory cooperation into the EU System Gerhard Lohan 405 The respective powers of the European Community and Member States in transatlantic regulatory cooperation Paul Demaret 431 The implementation of transatlantic regulatory initiatives in Europe Reimer von Borries 451 PART VII: TRANSATLANTIC REGULATORY COOPERATION, DEMOCRACY, AND ACCOUNTABILITY Transatlantic regulatory cooperation and the problem of democracy Robert Howse 469 Globalization, transatlantic regulatory cooperation, and democratic values Ludger Kühnhardt 481 North Atlantic cooperation and democratizing globalism Sol Picciotto 495 Agencies on the loose? Holding government networks accountable Anne-Marie Slaughter 521 The challenges of globally accessible process Peter L. Strauss 547
5 xiv CONTENTS PART VIII: THE FUTURE OF REGULATORY COOPERATION: STRATEGIC DIRECTIONS AND INSTITUTIONAL IMPLICATIONS Regulatory cooperation and managed mutual recognition: elements of a strategic model Kalypso Nicolaidis 571 Building the 'Transatlantic Economic Partnership': are new general institutions needed? Wulf-Henning Roth 601 Globalization and transatlantic regulatory cooperation: proposals for EU-US initiatives to further constitutionalize international law Ernst-Ulrich Petersmann 615 Index 629
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