L’interrégulation et les relations internationales entre États
in FRISON-ROCHE, Marie-Anne (dir.), Les risques de régulation, coll. "Droit et économie de la régulation" vol. 3, Presses de Sciences Po et Dalloz, Paris, 2005, pp. 93-114.
This contribution begins by emphasizing the difficulty of the subject as regulation grows quite easily in a national system, but those who recall the "international regulations" are not lawyers and do not know that the international space does not have the required characteristics that it develops for the time a regulation in the legal and strict sense.
International Space is not "regulated" in that it is not "balanced by the intervention of international bodies and independent central."
It can only be "interregulated".
The methods of this interregulation are first networks of governance. The author fears the misdeeds of a soft law, but approves the technic of memorandum of understanding (MoU) for the administrations to begin direct agreement between them, along with the heaviness of the treaties.
In addition, "interregulation agencies" are in place, especially in financial matters. Basel is the most perfect example. Their status is ambiguous because it is certainly a club, but even where States are represented, the effectiveness of all dependent often private actors.
Finally, international organizations classic fit, to make the "interregulation theme", as in telecommunications. More recently, the financial sector tends to transform the existing structures, such as the IMF, in regulators, made by the monitoring of economic and currency policies of countries. Assessment programs established by the IMF and World Bank on the monetary policies of countries are in this sense.
In the second part of his analysis, the author demonstrates the contreparts that occurs due to the introduction of interregulation
Indeed, the systems in place of this interregulation is not enough in the international order to offset the effects of liberalization. States then take the hand, certainly one way ex post, but through the violent form of criminal Law.
Thus, an international regime of exception is maintained, through the Security Council of the United Nations, where the concentration of political power remains the rule, referring to the old method. The powers of punishment were developed. The attacks of September 11 have justified new international legislations with direct national impact.
In addition, developing the effects of their national Laws, States recover powers , especially in the competition law or in the fight against corruption, as well relayed by the law of the European Union or by the United Nations. ICANN may also be analyzed itself also as a form of extra-territoriarity, more insidious.
The dematerialization of the economy led States to make economic actors directly responsible, for example about cybercrime. Private actors are transformed into instruments of public policy, even if they are foreign to the State adopting the law. Thus develops an international responsibility of companies, under international effectiveness of national laws.