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Effective accountability

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Chapter 5 in The Regulation of Intelligence Activities under International Law, 2023, pp 154-183 from Edward Elgar Publishing

Abstract: This chapter theorises effective accountability to understand how the international legal order might regulate intelligence activities effectively. Drawing on behavioural insights and regulatory theory, I identify the conditions through which accountability constitutes an effective regulatory tool. I first conceive of the international legal order as the regulator of states’ actions. Conceptualised as a network of accountability mechanisms unique to each state, the international legal order obeys a networked, nodal mode of governance. I then analyse international legal accountability as a form of responsive regulation by the international legal order. Then, combining behavioural insights and regulatory theory, I put forward a theory of effective accountability. Accountability is effective when it embeds the principles of networked, nodal responsive regulation and leads to compliance. Finally, operationalising international legal accountability, I present an evaluative framework to assess the potential of the international legal order to hold states accountable for their wrongful acts resulting from intelligence activities.

Keywords: Law - Academic; Politics and Public Policy (search for similar items in EconPapers)
Date: 2023
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Citations: View citations in EconPapers (1)

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