Regulatory Frameworks in International Law

Authors

Hilary Charlesworth
Christine M. Chinkin, University of Michigan Law SchoolFollow

Document Type

Book Chapter

Publication Date

2004

Abstract

Regulatory theory is concerned with how various forms of regulation, including law, govern social interaction. Much of the theoretical work on legal regulation has been developed in the context of domestic law. This chapter examines international law in the particular setting of regulation of outsider entities, such as failed and nascent states, that is where international regulation fills the vacuum caused by the collapse of domestic institutions and the rule of law. Through a brief examination of international regulation in Bosnia–Hercegovina and East Timor, this chapter asks what light a regulatory lens sheds on international law. Drawing on Hugh Collins's starting questions in Regulating Contracts, it investigates whether the international law in this area conceives of relations in ways that are different from the frameworks in which they operate.

Comments

This material was originally published in Regulating Law, edited by Christine Parker, Colin Scott, Nicola Lacey, and John Braithwaite and has been reproduced by permission of Oxford University Press. For permission to reuse this material, please visit http://global.oup.com/academic/rights

Publication Information & Recommended Citation

Charlesworth, Hilary and Christine M. Chinkin. "Regulatory Frameworks in International Law." In Regulating Law, edited by Christine Parker, Colin Scott, Nicola Lacey, and John Braithwaite, 246-268. New York: Oxford University Press, 2004.