State Regulation and Non-state Law
Edited by Hanneke van Schooten and Jonathan Verschuuren
Chapter 13: Conclusions and Challenges: Towards a Fruitful Relationship between State Regulation and Non-State Law
13. Conclusions and challenges: towards a fruitful relationship between state regulation and nonstate law Hanneke van Schooten and Jonathan Verschuuren 1. QUESTIONS In recent decades, non-state law has boomed. The national state legislature’s power is generally thought to be diminishing given the shift in focus of various topics, such as trade, and the environment, to the global level. It is not just other states or supranational organizations that inﬂuence national law. Non-governmental organizations (NGOs) such as human rights organizations, environmental organizations and religious groups, as well as business organizations and multinational corporations, have also become important players in the ﬁeld of law-making. It is hardly conceivable that regulation in such ﬁelds as the environment, the Internet or world security should be developed without these non-state actors. They play a part in a globalizing world that cannot be ignored by the state legislature and by regulators. This development sheds new light on the role of the state and thus on the role of state regulation. The state no longer has the monopoly of setting rules and regulations on topics that are considered to be in the public realm. In a world where non-state actors become increasingly important, so do the rules they make. However, the fact that globalization will continue to change the role of the state as the main producer and enforcer of rules and regulations is not the end of the state legislature. It remains important, not just for the allocation of collective resources, but also for (political)...
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