Laws in Progress? Reconceptualizing Accountability Strategies in the Era of Framework Norms
Bibliographic Data
| ID | 4610067 |
|---|---|
| Authors | Emilia Korkea-Aho, Emilia Korkea‐aho (0000-0002-5226-1670, University of Helsinki, corresponding author) |
| Year | 2013 |
| Volume | 2 |
| Issue | 2 |
| Pages | 363-385 |
| Publication date | 2013-10-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Transnational Environmental Law (JOURNAL) |
| Journal identifiers | ISSN: 2047-1025 • E-ISSN: 2047-1033 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s2047102513000162 |
| OpenAlex | W2119337727 |
| Language | EN |
| Citations received | 3 |
| References cited | 18 |
EU law is teeming with framework norms - 'laws in progress'. They provide little clarity for those to whom they apply, engendering rule-making in networks to assist those charged with implementing and applying laws at the national level. Taking as its specific focus the particular process through which the concept of an 'article' was constructed and constituted in a set of negotiations around the EU Chemicals Regulation, REACH, this article shows that networks not only make framework norms operational but also transform them in the process. The fact that networks have an important role in laying out what the law says throws the effectiveness of traditional forms of accountability in doubt. In particular, judicial control is in need of rethinking in order to accommodate norms that change and the networks that change them. This article suggests looking at the connections between internal peer control and externally operating judicial control as a way to keep up with the progress of laws in progress
Accountability · Business · CLARITY · Command and control · Economics · Law and economics · Management · Negotiation · Political science · Sociology · Telecommunications · Computer Science · European and International Law Studies · International Arbitration and Investment Law · Law · Regulation and Compliance Studies
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Democratic Accountability
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,23 |
| Citation span | 2013 - 2019 (7) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 3 |