IDEAS home Printed from https://ideas.repec.org/p/hal/spmain/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," SciencePo Working papers Main hal-01891972, HAL.
    • Handle: RePEc:hal:spmain:hal-01891972
    Note: View the original document on HAL open archive server: https://hal-sciencespo.archives-ouvertes.fr/hal-01891972
    as

    Download full text from publisher

    File URL: https://hal-sciencespo.archives-ouvertes.fr/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, October.
    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, October.
    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. Linda Wedlin, 2006. "Ranking Business Schools," Books, Edward Elgar Publishing, number 3941.
    7. 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.
    Full references (including those not matched with items on IDEAS)

    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," Post-Print hal-01891972, HAL.
    4. 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.
    5. repec:spo:wpmain:info:hdl:2441/2ilfdosc5a9umpcja7bbsturuq is not listed on IDEAS
    6. repec:hal:spmain:info:hdl:2441/2ilfdosc5a9umpcja7bbsturuq is not listed on IDEAS
    7. Büthe Tim, 2010. "Private Regulation in the Global Economy: A (P)Review," Business and Politics, De Gruyter, vol. 12(3), pages 1-40, October.
    8. Marie-Laure Salles-Djelic & Sigrid Quack, 2008. "Institutions and transnationalization," SciencePo Working papers Main hal-01891988, HAL.
    9. Marie-Laure Salles-Djelic & Sigrid Quack, 2008. "Institutions and transnationalization," Post-Print hal-01891988, HAL.
    10. 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.
    11. Egni Malo, 2014. "What should Marxism materialism propose to International Relations?," Academicus International Scientific Journal, Entrepreneurship Training Center Albania, issue 10, pages 131-169, July.
    12. Elizabeth C Dunn, 2003. "Trojan Pig: Paradoxes of Food Safety Regulation," Environment and Planning A, , vol. 35(8), pages 1493-1511, August.
    13. Lingyu Lu & Cameron G. Thies, 2010. "Trade Interdependence and the Issues at Stake in the Onset of Militarized Conflict," Conflict Management and Peace Science, Peace Science Society (International), vol. 27(4), pages 347-368, September.
    14. Slavo Radosevic, 2003. "The emerging industrial architecture of the wider Europe: The co-evolution of industrial and political structures," UCL SSEES Economics and Business working paper series 29, UCL School of Slavonic and East European Studies (SSEES).
    15. Graham, David & Woods, Ngaire, 2006. "Making corporate self-regulation effective in developing countries," World Development, Elsevier, vol. 34(5), pages 868-883, May.
    16. Amengual, Matthew, 2010. "Complementary Labor Regulation: The Uncoordinated Combination of State and Private Regulators in the Dominican Republic," World Development, Elsevier, vol. 38(3), pages 405-414, March.
    17. Marc Steffen Rapp & Iuliia A. Udoieva, 2018. "What matters in the finance–growth nexus of advanced economies? Evidence from OECD countries," Applied Economics, Taylor & Francis Journals, vol. 50(6), pages 676-690, February.
    18. Dobrynin, Denis & Smirennikova, Elena & Mustalahti, Irmeli, 2020. "Non-state forest governance and ‘Responsibilization’: The prospects for FPIC under FSC certification in Northwest Russia," Forest Policy and Economics, Elsevier, vol. 115(C).
    19. Nathan Lillie & Ian Greer, 2007. "Industrial Relations, Migration, and Neoliberal Politics: The Case of the European Construction Sector," Politics & Society, , vol. 35(4), pages 551-581, December.
    20. Osei-Owusu, Alexander, 2015. "The Analysis of the Ghana Telecom Industry," 26th European Regional ITS Conference, Madrid 2015 127172, International Telecommunications Society (ITS).
    21. Sharafutdinova,Gulnaz & Lokshin,Michael M., 2020. "Hide and Protect : A Role of Global Financial Secrecy in Shaping Domestic Institutions," Policy Research Working Paper Series 9348, The World Bank.
    22. Andreas Bergh & Magnus Henrekson, 2011. "Government Size And Growth: A Survey And Interpretation Of The Evidence," Journal of Economic Surveys, Wiley Blackwell, vol. 25(5), pages 872-897, December.
    23. Thorpe, Jodie, 2018. "Procedural Justice in Value Chains Through Public–private Partnerships," World Development, Elsevier, vol. 103(C), pages 162-175.
    24. Charis Vlados & Nikolaos Deniozos & Demosthenes Chatzinikolaou & Michail Demertzis, 2018. "Perceiving Competitiveness under the Restructuring Process of Globalization," International Journal of Business and Management, Canadian Center of Science and Education, vol. 13(8), pages 135-135, June.

    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:spmain: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: Contact - Sciences Po Departement of Economics (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.