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Intermediary Complexity in Regulatory Governance

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  • Nicole De Silva

Abstract

While regulatory governance can be theorized as a three-party game in which regulators use intermediaries to influence targets, I show how regulatory intermediaries can, through delegation and orchestration, engage their own “subintermediaries†to increase their capacity for fulfilling their regulatory mandates and their influence on regulators and targets. I elucidate how the International Criminal Court (ICC)—the key intermediary in the regulatory regime for international crimes—has used nongovernmental organizations’ (NGOs’) advocacy, expertise, and operational capacities to compensate for its limited capabilities. Through NGO intermediaries, the ICC has aimed to increase its ability to prosecute, punish, and thus regulate international crimes; amplify its influence on state regulators and potential perpetrators; and improve the regulation of international crimes overall.

Suggested Citation

  • Nicole De Silva, 2017. "Intermediary Complexity in Regulatory Governance," The ANNALS of the American Academy of Political and Social Science, , vol. 670(1), pages 170-188, March.
    • Handle: RePEc:sae:anname:v:670:y:2017:i:1:p:170-188
    DOI: 10.1177/0002716217696085
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    References listed on IDEAS

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    1. Deitelhoff, Nicole, 2009. "The Discursive Process of Legalization: Charting Islands of Persuasion in the ICC Case," International Organization, Cambridge University Press, vol. 63(1), pages 33-65, January.
    2. Kelley, Judith, 2007. "Who Keeps International Commitments and Why? The International Criminal Court and Bilateral Nonsurrender Agreements," American Political Science Review, Cambridge University Press, vol. 101(3), pages 573-589, August.
    3. Abbott, Kenneth W. & Genschel, Philipp & Snidal, Duncan & Zangl, Bernhard, 2016. "Two Logics of Indirect Governance: Delegation and Orchestration," British Journal of Political Science, Cambridge University Press, vol. 46(4), pages 719-729, October.
    4. Koenig-Archibugi, Mathias & Macdonald, Kate, 2017. "The role of beneficiaries in transnational regulatory processes," LSE Research Online Documents on Economics 68757, London School of Economics and Political Science, LSE Library.
    5. Jo, Hyeran & Simmons, Beth A., 2016. "Can the International Criminal Court Deter Atrocity?," International Organization, Cambridge University Press, vol. 70(3), pages 443-475, July.
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