Bermann, George A. --- "The Emergence of Transatlantic Regulation" [2009] ELECD 349; in Hofmann, C.H. Herwig; Türk, H. Alexander (eds), "Legal Challenges in EU Administrative Law" (Edward Elgar Publishing, 2009)

Book Title: Legal Challenges in EU Administrative Law

Editor(s): Hofmann, C.H. Herwig; Türk, H. Alexander

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847207883

Section: Chapter 7

Section Title: The Emergence of Transatlantic Regulation

Author(s): Bermann, George A.

Number of pages: 9

Extract:

7. The emergence of transatlantic
regulation
George A. Bermann

Among the greatest challenges of a scholar is to identify and deal with
emerging developments, even when it is not yet possible to state with con-
fidence what their exact dimensions and significance may be. Often they
may not yet have brought about anything so dramatic as to be termed
`paradigm-shifting', but they may be putting substantial pressure on our
received wisdom and understandings and cast doubt on the conventional
categories through which we understand the legal world around us. Such,
I think, are the features of the topic I treat here, namely, the emergence of
transatlantic regulatory dialogue.
The development of a transatlantic dimension to public regulation is
particularly striking from an American perspective. Regulation, both in
its general understanding and as mainly practised in the United States,
is a phenomenon firmly anchored at the national, and more particularly
at the national federal, level. The individual American states and interna-
tional organizations both play what can only be considered a subsidiary
role in our understandings of regulation. A student of general American
administrative law will, accordingly, focus his or her attention on the
famous Administrative Procedure Act ­ the federal statute governing
general administrative procedure in the US. He or she will also consider
the important federal legislation on regulatory sectors, as well as the volu-
minous federal regulations issued by one or another federal regulatory
agency, be it an agency organized within one of the cabinet departments
within the ...