Trend Report 2 - Rulejungling: When lawmaking goes private, international and informal

Authored by Maurits Barendrecht, David Raič, Ronald Janse, Sam Muller, based on 9 major HiiL projects with leading researchers on multilevel rulemaking, published in 2012 Trend Report 2 - Rulejungling: When lawmaking goes private, international and informal

HiiL’s Trend report analyses where lawyers, courts and parliaments in national states lose control. Innovative processes will have to ensure people still have a say in how they are governed. A truly global and trustworthy rulemaking profession can be part of the answer.

The report is based on the results of nine HiiL Research Projects with leading researchers on multilevel rulemaking:

  • The Internationalisation of the Rule of Law: Changing Contexts and New Challenges, Project Leaders: Professor André Nollkaemper, Professor Randy Peerenboom, Professor Michael Zürn
  • Informal International Lawmaking, Project leaders: Professor Joost Pauwelyn, Professor Jan Wouters, Professor Ramses Wessel
  • Convergence and Divergence of Legal Systems, Project leaders: Professor Pierre Larouche
  • National Constitutional Law in a Globalising World, Project leader: Professor Leonard Besselink
  • Private Transnational Regulation: Constitutional Foundations and Governance Design, Project leaders:Professor Fabrizio Cafaggi, Professor Linda Senden, Professor Colin Scott
  • General Rules and Principles of International Criminal Procedure, Project leader: Professor Göran Sluiter
  • Harmonizing Private Law in Europe: A Mission Impossible? National Resistance against the Europeanisation of Private Law, Project leaders: Professor Jan Smits, Professor Martijn Hesselink
  • National Judges as European Community Judges, Project leaders: Professor Mark Wissink, Professor Fabian Ambtenbrink, Professor Marc Hertogh
  • Judicial dialogue leads to a more coherent transnational legal system, The Changing Role of Highest Courts in an Internationalising World, Project leaders: Professor Ton Hol, Professor John Bell, Professor Andrea Lollini

The report shows that rulemaking is becoming ever more international, private and informal. It analyses how the new rule making processes work and what benefits they have, and which challenges remain. Four major needs for innovation are identified. These needs clearly show: it is time for lawyers at ministries and courts to adjust their strategies. They cannot afford to ignore the impact of modern-style rulemaking on their work processes.

Press Release

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