International Governance And Law

‘The book is consistently well written, with extensive in-text referencing and bibliographies at the end of each chapter. The empirical chapters frequently draw on the concepts and frameworks explained in the theoretical part, giving the book a level of cohesiveness that is rarely found in works of this nature. This book has practical value for state and non-state regulators in general as well as in specific policy areas. It is also a valuable resource for academics and students of legal theory, regulation and comparative law.’
– Claire Vinten, International Trade and Business Law Review

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.

Drawing lessons for the state legislature and state regulators, this innovative book will be of great interest to academic researchers and post graduate students in the fields of law, regulation, legal sociology, legal theory, law and economics, and environmental law. It will also be of interest to policy makers and regulators – those working at ministries and government departments drafting legislation.

Contents:

Preface

1. Introduction
Jonathan Verschuuren

PART I: NON-STATE LAW IN THEORY
2. What is Non-State Law? Mapping the Other Hemisphere of the Legal
World
Marc Hertogh

3. Philip Selznick: Incipient Law, State Law and the Rule of Law
Martin Krygier

4. The Point of Law: The Interdependent Functionality of State and Non-State Regulation
Sanne Taekema

5. Can There be Law Without the State? The Ehrlich–Kelsen Debate Revisited in a Globalizing Setting
Bart van Klink

6. Ehrlich’s Non-State Law and the Roman Jurists
Olga Tellegen-Couperus

PART II: NON-STATE LAW IN PRACTICE
7. Environmental Regulation and Non-State Law: The Future Public Policy Agenda
Neil Gunningham

8. The Hardness of Soft Law in the United Kingdom: State and Non-State Regulatory Activities Related to Nanotechnological Development
Bärbel Dorbeck-Jung and Marloes van Amerom

9. Barristers Beyond the Law: State and Non-State Actors Work in Partnership to Enforce Legal and Moral Norms
Jenny Job

10. In a World Without a Sovereign: Native Title Law in Australia
Francesca Dominello

11. Regulating the Living Will: The Role of Non-State Law at the End of Life
Oliver W. Lembcke

12. The Influence of Court Judgments on Non-State Law
Hans Peters

13. Conclusions and Challenges: Towards a Fruitful Relationship between State Regulation and Non-State Law
Hanneke van Schooten and Jonathan Verschuuren

Index