Pub. Date:
Edward Elgar Publishing
International Governance and Law: State Regulation and Non-state Law

International Governance and Law: State Regulation and Non-state Law

by Hanneke van Schooten, Jonathan VerschuurenHanneke van Schooten


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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.

Product Details

ISBN-13: 9781847207272
Publisher: Edward Elgar Publishing
Publication date: 01/01/2008
Pages: 256
Product dimensions: 6.40(w) x 9.30(h) x 1.00(d)

About the Author

Edited by Hanneke van Schooten, formerly Associate Professor of Constitutional Law and Jonathan Verschuuren, Professor of International and European Environmental Law, Tilburg University, the Netherlands

Table of Contents



1. Introduction

Jonathan Verschuuren


2. What is Non-State Law? Mapping the Other Hemisphere of the Legal


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


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


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