New Foundations of Transnational Private Regulation
By F. Cafaggi. 2011
147 citations recorded by the source corpus.
In section I of this article, the factors driving towards the emergence of new transnational private regulation (TPR) are identified in comparison with, on the one hand, merchant law and, on the other, international public regimes. In section II, the focus is on the private sphere, looking at both the different conflicts of interests arising in the regulatory relationships and the need for governance responses. In section III, institutional complementarity between public and private regimes is examined. In light of this approach, the claim that differences between public and private at the global level exist is substantiated. The public-private divide is analysed, comparing the domestic and the transnational level. Four different models of interaction are identified: hybridization, collaborative law-making, coordination, and competition. Section IV summarizes the results of the analysis, reconsidering the boundaries between public and private at transnational level.
Subfields: Finance, Law, Strategy and Management
View Paper: https://www.semanticscholar.org/paper/544fed792683938c4fc209ff3dfaaa2937c7ad15
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Citations in the corpus
- Gorillas in the closet? Public and private actors in the enforcement of transnational private regulation (2013, background): “Where transnational private regulation has emerged as a response to the lack, paucity or, outright failure of international state governance arrangements (Abbott & Snidal 2009b; Cafaggi 2011), state actors are unlikely to act as a backstop.”