Regulatory disputes place significant demands on international courts and tribunals. At present the production of regulatory standards in the work of international courts and tribunals can be viewed in terms of an ordering of plural domestic and international legal orders rather than a process of constitutionalisation. Yet the new body of regulatory rubrics appearing across the jurisprudence addressed in this book and beyond marks a significant development globally. Collectively, these standards will set the terms for States’ exercise of public power with effects for populations beyond their own. However, international courts’ and tribunals’ contribution to the elaboration of global regulatory standards needs to be understood as part of a wider process involving intergovernmental negotiations and the administrative implementation of relevant norms. Public information and international engagement is essential. Meantime, transparent articulation of reasons for international adjudicatory decisions is needed, together with ongoing reflective interaction between judges, practitioners and the broader scholarly community.
Renegotiating the European Union’s free movement and social security coordination policies: Britain’s approaches and interests
