On the Use of Law in Transatlantic Relations: Legal Dialogues between the EU and US

17 Pages Posted: 9 May 2014

See all articles by Elaine Fahey

Elaine Fahey

City, University of London - City Law School

Multiple version iconThere are 2 versions of this paper

Date Written: May 2014

Abstract

Law plays a significant role in contemporary transatlantic relations outside of the bilateral context which, from the perspective of EU external relations law, might seem neither conventional nor apparent. Non‐bilateral transatlantic relations increasingly deploy law as a communication tool between the two legal orders. For example, in 2011, the US intervened informally and anonymously in the formulation of EU legislation, while the US House of Representatives passed legislation to prohibit the impact of EU law upon the US legal order. Another example is constituted by EU amicus curiae submissions before the US Supreme Court in death penalty cases. The so‐called Brussels effect is also the subject of recent scholarship, assessing the perceived spillover effect of EU regulatory standards onto US rules. The paper provides many vivid examples of the variable institutional and legal components of transatlantic relations not usually accounted for in scholarship on transatlantic relations.

Suggested Citation

Fahey, Elaine, On the Use of Law in Transatlantic Relations: Legal Dialogues between the EU and US (May 2014). European Law Journal, Vol. 20, Issue 3, pp. 368-384, 2014. Available at SSRN: https://ssrn.com/abstract=2434901 or http://dx.doi.org/10.1111/eulj.12046

Elaine Fahey (Contact Author)

City, University of London - City Law School ( email )

Northampton Square
London, London EC1V OHB
United Kingdom

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