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Regulating Law$
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Christine Parker, Colin Scott, Nicola Lacey, and John Braithwaite

Print publication date: 2004

Print ISBN-13: 9780199264070

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199264070.001.0001

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Regulatory Frameworks in International Law

Regulatory Frameworks in International Law

Chapter:
(p.246) 12 Regulatory Frameworks in International Law
Source:
Regulating Law
Author(s):

Hilary Charlesworth

Christine Chinkin

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199264070.003.0013

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.

Keywords:   international law, regulation, nascent states, Bosnia–Hercegovina, East Timor, Hugh Collins, Regulating Contracts

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