International Governance and Law

International Governance and Law

State Regulation and Non-state Law

Edited by Hanneke van Schooten and Jonathan Verschuuren

Around the world, the role of national regulation is often hotly debated. This book takes as its starting point the fact that legislatures and regulators are criticized for overregulation and for producing poor-quality regulation which ignores input from citizens and stifles private initiative. This situation has enhanced the role of non-state law, in forms such as self-regulation and soft law. In this book, international scholars in various fields of law, as well as socio-legal studies, address the question to what extent non-state law currently influences state regulation, and what the consequences of non-state law are likely to be for state regulation.

Preface

Edited by Hanneke van Schooten and Jonathan Verschuuren

Subjects: politics and public policy, international politics

Extract

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...