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Emory International Law Review

Abstract

This article critically examines the dynamic interplay between European corporate law and international corporate law (ICL) against the backdrop of globalization and regulatory competition, offering insights into the former’s multifaceted influences and contributions to the evolving dynamics of the latter.

The paper begins by exploring the role of legal transplants and implants in comparative company law, addressing both their advantages and challenges. The article then turns to key features of ICL, with particular attention to the influence of U.S. law. Notably, the influence of U.S. law on ICL prompts an examination of EU corporate law’s role – whether it passively observes the Americanization of international legal systems or strategically expands its own boundaries in response.

To gauge the extent of the EU legislation’s reach, this study examines its recent regulatory developments shaping corporate law and governance within the EU. Special attention is given to the following issues: market abuse, corporate reporting, corporate sustainability, and privacy. Through a comprehensive analysis, this article seeks to elucidate the impact of these regulations on the international corporate landscape, providing insights into the current status of EU corporate law and its global influence. In tandem, an exploration of the EU’s emerging role as a standard-setter in technology-related domains is undertaken through an analysis of the AI and Crypto-Assets domains. This scrutiny aims to illuminate this tendency (and its far-reaching consequences) on the ICL landscape, providing valuable insights into the current status of EU corporate law and its influence globally.

The argument put forth contends that EU corporate law displays attributes that have been adopted by the United States, as well as attributes borrowed by the EU from there. It also highlights a nuanced and dynamic relationship with principles of ICL. Hence, EU corporate law assumes a distinctive role and makes a unique contribution to ICL, underscored by its theoretical underpinnings, regulatory objectives, and normative trends. A traditional top-down and harmonized approach coexists with instances where the EU emerges as a pivotal authority, akin to leading international organizations within the ICL hierarchy. While not upsetting the status quo, this marks a significant step forward and reminds us of legal transplants. As the EU sails the legal seas, it not only unfurls its influence like a rising tide but also orchestrates a harmonious current, weaving through diverse legal landscapes.

Ultimately, striking the right balance between comprehensive regulation and a leaner approach is crucial in navigating the complexities of modern markets and legal landscapes.

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