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The Problem-solving Capacity of the Modern StateGovernance Challenges and Administrative Capacities$
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Martin Lodge and Kai Wegrich

Print publication date: 2014

Print ISBN-13: 9780198716365

Published to Oxford Scholarship Online: December 2014

DOI: 10.1093/acprof:oso/9780198716365.001.0001

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Capacity and Constraint

Capacity and Constraint

Governance through International and Transnational Law

(p.198) 11 Capacity and Constraint
The Problem-solving Capacity of the Modern State

Nico Krisch

Oxford University Press

Transboundary problems have long posed serious challenges to states’ governance capacities. As a result, the modern state has become increasingly reliant on effective institutional structures for cooperation and governance on a regional and global scale. However, since international law can only provide governance structures under certain conditions and within strict limits, many governments have turned to alternative forms of transnational ordering and global governance, key among them formal international institutions, informal government networks, extraterritorial regulation, and links with global private regulation. Yet these tools come with drawbacks—some are more effective than others, and the more effective they are, the more they tend to entail a loss of control for national governments, regulators, and administrators. This chapter analyses the different forms of transnational law- and rule-making with respect to their varying impacts on, and links with, domestic governance institutions and their capacity.

Keywords:   international law, global governance, international institutions, government networks, extraterritorial regulation, global private regulation

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