Towards a Transatlantic Community of Law? The Use of Law between the EU and US Legal Orders: Questions of Legal Form and Characterisation

摘要: There is a still discernible view in scholarship about the insignificance of law to transatlantic relations, as an ‘institutional-light’, ‘law-light’ unfixed scientific entity. However, many distinctive ‘interactions’ and rule-making exercises take place contemporary times between EU US legal orders, for example, development broad adoption rules US, major EU-US rule convergence data protection, institutionalised Transatlantic Trade Investment Partnership (TTIP) or even intervening frequently before Supreme Court. Some these developments are argued here indicate institutionalisation relations. Others what termed specific degrees ‘proximity’ i.e. closeness instruments, structures interactions, formal informal, more specifically defined than NATO-esque ‘Atlantic Area’. They (i.e. close proximity) raise question relationship them phenomena. Cumulatively, they form basis reflections here, by way future research agenda, on phenomenon ‘transatlantic community law’ actually means times. Recent also provokes reflection upon our understanding character ‘real world’ interactions orders perhaps questions their legitimacy. This account explores how serves medium communication two sometimes outside strictly conventional bilateral context agreements dispute resolution forums (termed ‘non-bilateral’), only possible high quasi-institutionalisation at least very proximity orders. it shown that there boundaries limitations this legitimacy also. For mutual recognition justice cooperation evident from analysis security post 9/11. By contrast, recent times, results instead novel forms rule-making, leading consideration movement phenomena rule-transfer.