107 Nw. U. L. Rev. 1 (2012-2013)

handle is hein.journals/illlr107 and id is 1 raw text is: Copyright 2012 by Northwestern University School of Law  Printed in U.S.A.
Northwestern University Law Review                       Vol. 107, No. 1
Articles
THE BRUSSELS EFFECT
Anu Bradford
ABSTRACT-This Article examines the unprecedented and deeply
underestimated global power that the EU is exercising through its legal
institutions and standards, and how it successfully exports that influence to
the rest of the world. Without the need to use international institutions or
seek other nations' cooperation, the EU has a strong and growing ability to
promulgate regulations that become entrenched in the legal frameworks of
developed and developing markets alike, leading to a notable
Europeanization of many important aspects of global commerce. The
Article identifies the precise conditions for and the specific mechanism
through which this externalization of EU's standards unfolds. Enhanced
understanding of these conditions and this mechanism helps explain why
the EU is currently the only jurisdiction that can wield unilateral influence
across a number of areas of law-ranging from antitrust and privacy to
health and environmental regulation-and why the markets, other states,
and international institutions can do little to constrain Europe's global
regulatory power.
AUTHOR-Professor of Law, Columbia Law School. Helpful comments
were provided by Lucas Bergkamp, George Bermann, Travis Bradford,
Rachel Brewster, Tim Buthe, Grainne DeBurca, Lee Fennell, Jacob Gersen,
Tom Ginsburg, Victor Goldberg, Michael Graetz, Todd Hendserson, Aziz
Huq, Suzanne Kingston, Katerina Linos, Richard McAdams, Jay Modrall,
Henry Monaghan, Jide Nzelibe, Nathaniel Persily, Katharina Pistor, Eric
Posner, Tonya Putnam, Charles Sabel, Joanne Scott, Anne-Marie Slaughter,
and David Vogel, as well as the participants of the workshops held at
Columbia Law School, Duke Law School, University of Chicago Law
School, and the University of Florence. I am grateful to Taimoor Aziz,
Elliott DeRemer, Peter Dietrich, Christodoulus Kaoutzanis, Pauline Phoa,
and Mark Sater for excellent research assistance.

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