Introduction: Framing the Actors of Post-National Rule-Making

‘Introduction: Framing the Actors Of Post-National Rule-Making’ In The Actors of Postnational Rule-Making: Contemporary Challenges of European and International Law Edited by Elaine Fahey (Routledge – 2015)

23 Pages Posted: 18 Feb 2015 Last revised: 24 Feb 2015

See all articles by Elaine Fahey

Elaine Fahey

City, University of London - City Law School

Date Written: February 16, 2015

Abstract

While there may be vast legal literature devoted to dissecting functional actors, courts and forms of private actors and legislative or executive power, legal scholarship rarely hones in on the precise idea of an actor in rule-making. Many of the most significant actors engaging in rule-making in contemporary times are not technically ‘actors’ in strict legal terms. The publication focusses on certain ‘blind spots’ in our understanding of actors in rule-making. It focusses upon practices of rule-making, specific behaviour and action taking place in what might be termed ‘in the shadows’ of other institutional components.

Postnational rule-making is a term which may capture a vast range of rule-making beyond the Nation State. It may capture EU and Public International law in their entirety. As living sciences such subjects appear often highly flexible and innovative. And while postnational rule-making poses challenges for understanding the place of the nation State it also affords a useful tabula rasa.

The idea of ‘actors’ is critical to the theorisation of power, autonomy, influence and even legitimacy in rule-making beyond the Nation State. Yet there is no consensus in scholarship on what it means to be an actor, despite its centrality to discussions on rule-making, power and influence, across disciplines, not least in legal scholarship.

Flexibility and pragmatism are dominant in EU and Public International law but do not necessarily provide analytical frameworks of any sophistication.

This publication examines many of actors that may be readily overlooked by formalism and doctrinalism, such as lobbyists and academia.

The publication aims to capture new practices and themes and reflects upon the tensions that they pose for old ‘lenses’ by drawing together scholars, senior and junior of EU law, Public international Law, International relations, the doctrinal and non-conventional studies, those focussed upon Asia and South America as much as the EU.

Keywords: Postnational rule-making; European Union law; Public International law; Actors; Transnational law

JEL Classification: K00, K33

Suggested Citation

Fahey, Elaine, Introduction: Framing the Actors of Post-National Rule-Making (February 16, 2015). ‘Introduction: Framing the Actors Of Post-National Rule-Making’ In The Actors of Postnational Rule-Making: Contemporary Challenges of European and International Law Edited by Elaine Fahey (Routledge – 2015). Available at SSRN: https://ssrn.com/abstract=2565696

Elaine Fahey (Contact Author)

City, University of London - City Law School ( email )

Northampton Square
London, London EC1V OHB
United Kingdom

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