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Edited Legal Collections Data |
Book Title: International Governance and Law
Editor(s): van Schooten, Hanneke; Verschuuren, Jonathan
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781847207272
Section Title: Preface
Number of pages: 2
Extract:
Preface
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 inter-
national character, in which national borders are disappearing and inter-
national 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 frame-
work.
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 rela-
tion 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 stimu-
late self-regulation in one of its manifestations. That may lead to non-
intervention 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 ...
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URL: http://www.austlii.edu.au/au/journals/ELECD/2008/301.html