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

Addresses the question to what extent non-state law influences state regulation, and what the consequences of non-state law are likely to be for state regulation. This book is suitable for academic researchers and post graduate students in the fields of law, regulation, legal sociology, legal theory, law and economics, and environmental law. What is non-state law? Mapping the other hemisphere of the legal world / Marc Hertogh -- Philip Selznick : incipient law, state law and the rule of law / Martin Krygier -- The point of law : the interdependent functionality of state and non-state regulation / Sanne Taekema -- Can there be law without the state? The Ehrlich-Kelsen debate revisited in a globalizing setting / Bart van Klink -- Ehrlich's non-state law and the Roman jurists / Olga Tellegen-Couperus -- Environmental regulation and non-state law : the future public policy agenda / Neil Gunningham -- 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 -- Barristers beyond the law : state and non-state actors work in partnership to enforce legal and moral norms / Jenny Job -- In a world without a sovereign : native title law in Australia / Francesca Dominello -- Regulating the living will : the role of non-state law at the end of life / Oliver W. Lembcke -- The influence of court judgments on non-state law / Hans Peters -- Conclusions and challenges : towards a fruitful relationship between state regulation and non-state law / Hanneke van Schooten and Jonathan Verschuuren Cover......Page 1 Copyright......Page 4 Contents......Page 5 Contributors......Page 7 Preface......Page 10 Editors’ foreword and acknowledgements......Page 12 1. Introduction......Page 15 PART 1 Non-state law in theory......Page 23 2. What is non-state law? Mapping the other hemisphere of the legal world......Page 25 3. Philip Selznick: incipient law, state law and the rule of law......Page 45 4. The point of law: the interdependent functionality of state and non-state regulation......Page 70 5. Can there be law without the state? The Ehrlich–Kelsen debate revisited in a globalizing setting......Page 88 6. Ehrlich’s non-state law and the Roman jurists......Page 108 PART 2 Non-state law in practice......Page 121 7. Environmental regulation and nonstate law: the future public policy agenda......Page 123 8. The hardness of soft law in the United Kingdom: state and nonstate regulatory activities related to nanotechnological development......Page 143 9. Barristers beyond the law: state and non-state actors work in partnership to enforce legal and moral norms......Page 165 10. In a world without a sovereign: native title law in Australia......Page 182 11. Regulating the living will: the role of non-state law at the end of life......Page 205 12. The influence of court judgments on non-state law......Page 223 13. Conclusions and challenges: towards a fruitful relationship between state regulation and nonstate law......Page 235 Index......Page 245 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 over-regulation 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.