IDEAS home Printed from https://ideas.repec.org/p/hal/journl/hal-01891972.html
   My bibliography  Save this paper

From the Rule of Law to the Law of Rules

Author

Listed:
  • Marie-Laure Salles-Djelic

    (CSO - Centre de sociologie des organisations (Sciences Po, CNRS) - Sciences Po - Sciences Po - CNRS - Centre National de la Recherche Scientifique)

Abstract

Globalization can be read as consequential reordering, where national rules of law increasingly have to confront the progress of a transnational law of rules. We use conceptual building blocks from political science and sociological institutionalism to approach two sets of issues. First, we explore the nature of this consequential reordering and some of its structuring dynamics. We underscore some of the key features of the emergent transnational law of rules system and contrast it with more traditional, nationally bound, rule of law systems. Second, we consider the potential local, or national, impact of such profound reordering. In the conclusion, we identify key channels and mechanisms of impact as well as potential sources of resistance or of local adaptation. An exploration of those early propositions would be useful to both scholars and practitioners as it would make it possible to read, understand, and even anticipate the variability of cases and situations.

Suggested Citation

  • Marie-Laure Salles-Djelic, 2011. "From the Rule of Law to the Law of Rules," Post-Print hal-01891972, HAL.
    • Handle: RePEc:hal:journl:hal-01891972
    Note: View the original document on HAL open archive server: https://sciencespo.hal.science/hal-01891972
    as

    Download full text from publisher

    File URL: https://sciencespo.hal.science/hal-01891972/document
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Strange,Susan, 1996. "The Retreat of the State," Cambridge Books, Cambridge University Press, number 9780521564298, September.
    2. Paul R. Milgrom & Douglass C. North & Barry R. Weingast*, 1990. "The Role Of Institutions In The Revival Of Trade: The Law Merchant, Private Judges, And The Champagne Fairs," Economics and Politics, Wiley Blackwell, vol. 2(1), pages 1-23, March.
    3. Giovanni Battista Dagnino, 2007. "Preface: Coopetition Strategy—Toward a New Kind of Inter-Firm Dynamics?," International Studies of Management & Organization, Taylor & Francis Journals, vol. 37(2), pages 3-10, January.
    4. Strange,Susan, 1996. "The Retreat of the State," Cambridge Books, Cambridge University Press, number 9780521564403, September.
    5. Moran, Michael, 2002. "Review Article: Understanding the Regulatory State," British Journal of Political Science, Cambridge University Press, vol. 32(2), pages 391-413, April.
    6. Marie-Laure Salles-Djelic & Sigrid Quack, 2003. "Globalization and institutions : redefining the rules of the economic game," Post-Print hal-01892012, HAL.
    7. Linda Wedlin, 2006. "Ranking Business Schools," Books, Edward Elgar Publishing, number 3941.
    8. Haas, Peter M., 1989. "Do regimes matter? Epistemic communities and Mediterranean pollution control," International Organization, Cambridge University Press, vol. 43(3), pages 377-403, July.
    9. Marie-Laure Salles-Djelic, 1998. "Exporting the American Model," Post-Print hal-01892020, HAL.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Natalia Aguilar Delgado & Paola Perez-Aleman, 2021. "Inclusion in Global Environmental Governance: Sustained Access, Engagement and Influence in Decisive Spaces," Sustainability, MDPI, vol. 13(18), pages 1-24, September.
    2. Djelic Marie Laure & den Hond Frank, 2014. "Introduction: multiplicity and plurality in the world of standards," Business and Politics, De Gruyter, vol. 16(1), pages 67-77, April.
    3. Helen Etchanchu & Marie-Laure Djelic, 2019. "Old Wine in New Bottles? Parentalism, Power, and Its Legitimacy in Business–Society Relations," Journal of Business Ethics, Springer, vol. 160(4), pages 893-911, December.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. repec:hal:spmain:info:hdl:2441/6epejhie7497nqvpvfd9u4fhnq is not listed on IDEAS
    2. repec:spo:wpmain:info:hdl:2441/6epejhie7497nqvpvfd9u4fhnq is not listed on IDEAS
    3. Marie-Laure Salles-Djelic, 2011. "From the Rule of Law to the Law of Rules," SciencePo Working papers Main hal-01891972, HAL.
    4. repec:spo:wpmain:info:hdl:2441/2ilfdosc5a9umpcja7bbsturuq is not listed on IDEAS
    5. repec:hal:spmain:info:hdl:2441/2ilfdosc5a9umpcja7bbsturuq is not listed on IDEAS
    6. Marie-Laure Salles-Djelic & Sigrid Quack, 2008. "Institutions and transnationalization," SciencePo Working papers Main hal-01891988, HAL.
    7. Marie-Laure Salles-Djelic & Sigrid Quack, 2008. "Institutions and transnationalization," Post-Print hal-01891988, HAL.
    8. Suddaby, Roy & Cooper, David J. & Greenwood, Royston, 2007. "Transnational regulation of professional services: Governance dynamics of field level organizational change," Accounting, Organizations and Society, Elsevier, vol. 32(4-5), pages 333-362.
    9. Büthe Tim, 2010. "Private Regulation in the Global Economy: A (P)Review," Business and Politics, De Gruyter, vol. 12(3), pages 1-40, October.
    10. repec:hal:spmain:info:hdl:2441/5oojir5leh8icq847ddt2lej75 is not listed on IDEAS
    11. Mayntz, Renate, 2005. "Embedded Theorizing: Perspectives on Globalization and Global Governance," MPIfG Discussion Paper 05/14, Max Planck Institute for the Study of Societies.
    12. Allan McConnell & Paul ’t Hart, 2019. "Inaction and public policy: understanding why policymakers ‘do nothing’," Policy Sciences, Springer;Society of Policy Sciences, vol. 52(4), pages 645-661, December.
    13. Marie-Laure Salles-Djelic & Sigrid Quack, 2003. "Theoretical Building Blocks for a Research Agenda Linking Globalization and Institutions," Post-Print hal-01892014, HAL.
    14. repec:spo:wpmain:info:hdl:2441/5oojir5leh8icq847ddt2lej75 is not listed on IDEAS
    15. Doh, Jonathan P. & Dahan, Nicolas M. & Casario, Michelle, 2022. "MNEs and the practice of international business diplomacy," International Business Review, Elsevier, vol. 31(1).
    16. Arts, Bas, 2014. "Assessing forest governance from a ‘Triple G’ perspective: Government, governance, governmentality⁎⁎This article belongs to the Special Issue: Assessing Forest Governance," Forest Policy and Economics, Elsevier, vol. 49(C), pages 17-22.
    17. Keyan Lai, 2021. "National security and FDI policy ambiguity: A commentary," Journal of International Business Policy, Palgrave Macmillan, vol. 4(4), pages 496-505, December.
    18. Michele-Lee Moore & Frances R. Westley & Tim Brodhead, 2012. "Social Finance Intermediaries and Social Innovation," Journal of Social Entrepreneurship, Taylor & Francis Journals, vol. 3(2), pages 184-205, October.
    19. Assen Slim, 2015. "L’aide européenne (1989-2020) aux PECO sous le prisme de l’économie politique internationale (EPI)," Post-Print hal-01271881, HAL.
    20. Simplice A, Asongu, 2011. "Government quality determinants of stock market performance in developing countries," MPRA Paper 35508, University Library of Munich, Germany.
    21. Mark Hallerberg, 2002. "Introduction," European Union Politics, , vol. 3(2), pages 139-150, June.
    22. Zoltan Adam, 2004. "Autonomy and capacity: a state-centred approach to post-communist transition in Central Europe," UCL SSEES Economics and Business working paper series 40, UCL School of Slavonic and East European Studies (SSEES).
    23. Lena Partzsch, 2011. "The legitimacy of biofuel certification," Agriculture and Human Values, Springer;The Agriculture, Food, & Human Values Society (AFHVS), vol. 28(3), pages 413-425, September.
    24. David B. Audretsch, 2018. "Industrial Organization and the Organization of Industries: Linking Industry Structure to Economic Performance," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 52(4), pages 603-620, June.
    25. Sami Zemni & Koenraad Bogaert, 2011. "Urban renewal and social development in Morocco in an age of neoliberal government," Review of African Political Economy, Taylor & Francis Journals, vol. 38(129), pages 403-417, September.
    26. Anne Roemer-Mahler, 2013. "Business conflict and global politics: The pharmaceutical industry and the global protection of intellectual property rights," Review of International Political Economy, Taylor & Francis Journals, vol. 20(1), pages 121-152, February.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:hal:journl:hal-01891972. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: CCSD (email available below). General contact details of provider: https://hal.archives-ouvertes.fr/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.