Regulatory Harmonization in the U.S. and the EU: Protectionism or Race to the Bottom? Understanding Divergences in Regulatory Cultures to Bridge the Divide

This paper addresses the challenges posed by the first round of negotiation of the Transatlantic Trade and Investment Partnership (TTIP) between the EU and US. Even though trade negotiators diverge on substantive goals, an overlooked obstacle in the negotiation is the increasing divide between transatlantic administrative legal cultures. To achieve greater regulatory harmonization or compatibility, lawyers across the Atlantic need to openly confront the lack of joint assessment procedures as well as institutional divergences in regulatory decision-making processes and participatory mechanisms.