From DIY regulation to experimental regulation
We tend to accept that rules made by public officials are legitimate and should be followed—or, if the rules are questionable, they should be challenged through formal procedures. When we get a parking ticket, we either pay the fine or file an official complaint. When we board a plane, we show our ID when asked. If we have a sufficiently serious dispute with a neighbor, we call the police, or file a civil lawsuit. In almost all aspects of our lives, public rulemaking is the dominant form of regulation and dispute resolution. And no matter how dissatisfied we become with public officials, public regulation gives us security and structure, a reliable—and predictable—safe space for citizens.
But things are changing. Many institutions—from regional to international organizations such as the UN, WTO, and the EU—are increasingly seen as undemocratic and illegitimate, even untrustworthy, unrepresentative, and inefficient. Contemporary political leaders around the world are questioning the core values and principles underlying traditional regulation. While the edifice of public law still stands, its foundation of trust, reliability, community and accountability is being weakened.
How does this affect the public? What do we do, when the traditional institutions regulating our lives become unstable? Is public regulation the only way to address public policy and societal problems? If not, what are the alternatives?
In this research group, we try to answer those questions by investigating the role of private actors in multilevel regulation. Commonly, their role is assumed as only affecting—and potentially endangering—public systems. But while there is some evidence for this position, it’s limited, predictable, and not particularly helpful. Instead, our research group starts with a simple hypothesis: private actors are equipped with the tools necessary to improve traditional public regulation. Why? Because some private actors use informal yet effective solutions and procedures that trace back to the core of communitarian values and reputational mechanisms. The roots of most private justice regimes, including mediation and arbitration, are informed by communitarian values such as collaboration, participation, and personal trust. Instead of having an unknown (and sometimes unspecialized) judge deciding a dispute, private actors opt for a member of their own community to collaboratively find a solution tailored to their own needs. This is what we call “do-it-yourself”, or DIY, regulation. Why shouldn’t we, the citizens, learn from these private solutions and find ways to self-regulate the public institutions regulating much of our lives?
This research group is a forum for bringing together lecturers, students, practitioners, and public officials to work out alternative ways of improving contemporary regulation in a collaborative, experimental manner. The main goal is fostering a dialogue between practitioners and academy members to analyze the strengths and weaknesses of DIY private regulation, and translate them into the language of the public domain. As such, the research group bridges theory, teaching, experimentation, and practice, offering innovative and hybrid solutions to contemporary regulatory problems.
dr. Marina Lostal
Marina Lostal is a lecturer in International Law at International & European Law Programme of The Hague University. She holds a PhD from the European University Institute, an LLM from the University of Cambridge, and is admitted to practice in Spain. She is widely published in the area of cultural heritage law, including a book by Cambridge University Press entitled International Cultural Heritage Law in Armed Conflict. In 2017, she was appointed expert by the International Criminal Court in the reparations phase of the Al Mahdi case and, in 2018, she was appointed by the International Law Association to sit at the Global Cultural Heritage Governance committee. Her current research interests include the law of reparations under the Rome Statute, illicit traffic of cultural property, dispute settlement in the art & law market, and the treatment of animals in armed conflict.
dr. Luca Pantaleo
Dr Luca Pantaleo is a Lecturer in International and European Law at The Hague University of Applied Sciences since August 2016, as well as Adjunct Professor of the European Law and Governance School since autumn 2018. He holds a PhD in EU external relations law from the University of Macerata, Italy. His PhD thesis focused on Member States’ International Agreements and EU Law. Prior to The Hague University, Luca has worked as a Senior Researcher (Postdoc) at the University of Luxembourg, and as a Senior Researcher at the T.M.C. Asser Institute, where he also served as Coordinator of the Centre for the Law of European External Relations (CLEER). Dr Pantaleo research interests include the law of EU external relations, with a special focus on anti-terrorism and the common commercial policy; as well as public international law, with a special focus on trade and investment law. Dr Pantaleo has written numerous article in international peer reviewed journals, edited a number of volumes and has recently published a monograph titled “The Participation of the EU in International Dispute Settlement - Lessons from EU Investment Agreements". His research activities are not limited to fundamental research. In fact, he has also carried out applied research in the context of projects commissioned by third parties. His most notable achievement in this field is a Report concerning EU Free trade agreements and illicit financial flows, that he co-wrote with a number of colleagues for the INTA Committee of the European Parliament. Dr Pantaleo is also an experienced legal firstname.lastname@example.org
dr. Barbara Warwas
Dr. Barbara Warwas is a professor at The Hague University of Applied Sciences (THUAS). Barbara is also a lecturer in arbitration and coordinator of the minor in dispute resolution at the LAW Programme at THUAS. Prior to her position as professor she was a coordinator of the Comparative Law Line and Commercial Law Specialization at the LAW Programme. Barbara is the author of The Liability of Arbitral Institutions: Legitimacy Challenges and Functional Responses published by Springer, 2016. In 2014 she worked as a drafter, researcher, and administrator for the ground-breaking study on the Legal Instruments and Practices of Arbitration in the EU and Switzerland, commissioned by the European Parliament. Barbara has a Ph.D. in Law from the European University Institute (Florence, Italy). Prior to The Hague University, Barbara worked as visiting counsel in the litigation department at GE Oil & Gas in Florence and in the Italian law firm Studio Legale Calabresi Guadalupi.email@example.com