From Brussels with Love

The Transatlantic Travels of European Law and the Chemistry of Regulatory Attraction

Dados Bibliográficos

ID9529790
AutoresJoanne Scott (0000-0002-7192-1937, University College London, autor correspondente)
Ano2009
Volume57
Fascículo4
Páginas897-942
Data de publicação2009-09-01
Peer ReviewedSim
Open AccessNão
TipoARTICLE
PeriódicoThe American Journal of Comparative Law (JOURNAL)
Identificadores do periódicoISSN: 0002-919X • E-ISSN: 2326-9197
EditoraOxford University Press (OUP) (PUBLISHER)
DOI10.5131/ajcl.2008.0029
OpenAlexW3125644944
IdiomaEN
Citações recebidas9

U.S. scholarship and U.S. courts have in recent years been gripped by the question of whether and in what circumstances it might be appropriate to rely on foreign, comparative, and international law. Along with a number of other scholars, this paper suggests that the intensive focus on that question, despite its undeniable scholarly and constitutional interest, has led to a tendency to overlook or ignore many of the crucial ways in which foreign law has entered and influenced U.S. law and policy. Using the example of the European Union's Regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), this paper examines the ways in which individual states and a wide range of private actors, including NGOs, have drawn upon and used EU law in reforming the U.S. chemicals regime. The paper tells a story of law's migration, highlighting the impact that foreign law can have in the United States and identifying the routes it travels to find its way in. It argues that this regulatory influence is not one way and that the EU regime is structured in such a way that reciprocal learning from the United States is also highly likely

Comparative law · Economics · European union · International law · International trade · Law and economics · Municipal law · Political science · Scholarship · Sociology · Corporate Law and Human Rights · International Arbitration and Investment Law · International Law and Human Rights · Law