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Effective accountability

In: The Regulation of Intelligence Activities under International Law

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Abstract

This chapter theorises effective accountability to understand how the international legal order might regulate intelligence activities effectively. Drawing on behavioural insights and regulatory theory, I identify the conditions through which accountability constitutes an effective regulatory tool. I first conceive of the international legal order as the regulator of states’ actions. Conceptualised as a network of accountability mechanisms unique to each state, the international legal order obeys a networked, nodal mode of governance. I then analyse international legal accountability as a form of responsive regulation by the international legal order. Then, combining behavioural insights and regulatory theory, I put forward a theory of effective accountability. Accountability is effective when it embeds the principles of networked, nodal responsive regulation and leads to compliance. Finally, operationalising international legal accountability, I present an evaluative framework to assess the potential of the international legal order to hold states accountable for their wrongful acts resulting from intelligence activities.

Suggested Citation

  • ., 2023. "Effective accountability," Chapters, in: The Regulation of Intelligence Activities under International Law, chapter 5, pages 154-183, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:21755_5
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    Law - Academic; Politics and Public Policy;

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