The Brussels Effect: How the European Union Rules the World

Эффект Брюсселя
Anu Bradford
2020-01-27

Brussels EffectEuropean Union regulatory hegemonymarket size and regulatory authorityregulation of inelastic targetsregulatory capacity and political will
For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.
1
A single jurisdiction can exert global regulatory authority only when specific conditions align, explaining the Brussels Effect.
2
Combined market size, regulatory capacity, political will, inelastic targets, and non-divisibility explain why the EU uniquely can wield unilateral global regulatory influence today.
3
EU standards become global when companies face non-divisible production or conduct, making a single, stringent standard more beneficial than fragmented compliance.
4
Market size is a necessary but not sufficient proxy for global regulatory influence; regulatory capacity and political will are also required.
5
The Brussels Effect arises when the EU regulates inelastic targets (e.g., consumer markets) whose actors cannot easily relocate to less regulated jurisdictions.

The European Union's regulatory authority (the Brussels Effect)

Conditions and mechanisms by which a single jurisdiction (the EU) exerts unilateral global regulatory influence over firms and markets, including market size, regulatory capacity, political will, regulation of inelastic targets, and non-divisibility of corporate production/conduct

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2020-01-27
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Anu Bradford
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