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Legal Guidelines for Cooperation between the European Union and
American State Governments

25 Pages Posted: 5 Sep 2009  

Daniel A. Farber

University of California, Berkeley - School of Law

Abstract

Although we are used to thinking of international cooperation as nation-to-nation, cooperation between the European Union and individual American states is becoming increasingly important in areas such as consumer safety and environmental regulation. This paper surveys the potential legal pitfalls - primarily the dormant commerce clause and preemption on the U.S. side, and the limitations of EU enforcement on the European side. It suggests some approaches to designing cooperative agreement to minimize legal risks.

Keywords: European Union, federalism, environmental regulation

Suggested Citation

Farber, Daniel A., Legal Guidelines for Cooperation between the European Union and American State Governments. UC Berkeley Public Law Research Paper No. 1468643. Available at SSRN: https://ssrn.com/abstract=1468643 or http://dx.doi.org/10.2139/ssrn.1468643

Daniel A. Farber (Contact Author)

University of California, Berkeley - School of Law ( email )

Boalt Hall
Room 894
Berkeley, CA 94720-7200
United States
510-642-0340 (Phone)
510-642-3728 (Fax)

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