In Europe we do have other provisions though. In Europe most jurisdictions have a closed system where exceptions to copyright are codified as law. Exceptions have to conform to the Berne three-step test. By codifying conformity is checked by the legislative power. In the US fair use is an open system and conformity with the Berne three-step test is checked on a case by case basis by the judiciary.
It is a basic illustration how Common Law and Continental Law use different mechanisms to implement largely the same end results/