State Regulation and Non-state Law
Edited by Hanneke van Schooten and Jonathan Verschuuren
This is an important book. It focuses on a question that has been put since statehood emerged: what is to be regulated by the state? The subject has great actuality, too. In a world of interdependency, in which, for example, economic, social and environmental problems are of a growing international character, in which national borders are disappearing and international non-state actors play important roles, the question remains: what is to be regulated by the state? Nowadays this question must be extended to the many international legal bodies, the international institutional framework. The answer or answers to that question are inﬂuenced by points of view from at least two dimensions: a theoretical dimension and a practical one. The theoretical dimension, which contains ideological elements, implies a view on the role of the state, on what is the ‘bonum commune’, on the relation between state and society, on the role and responsibilities of individuals within a polity. It implies judgements about the role of law and the rule of law. It is about Justice and its meaning for contemporary and future relations. The practical point of view concerns eﬀectiveness and eﬃciency. Once a certain policy has been considered necessary, it may be eﬀective to stimulate self-regulation in one of its manifestations. That may lead to nonintervention by the state or by another oﬃcial legal body; it may lead to a combined strategy of state law and non-state regulation. Non-state regulation can be seen as a matter of...