Towards an Integrated Administration
Edited by Herwig C.H. Hofmann and Alexander H. Türk
Chapter 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 confidence 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 international 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 voluminous federal regulations issued by one or another federal regulatory agency, be it an agency organized within one of the cabinet departments within the executive branch or an independent regulatory agency, as the case...
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