Download This PaperTransnational Civil Regimes: Economic Globalisation and the Evolution of Commercial Law
CONTRACTUAL CERTAINTY IN INTERNATIONAL TRADE. EMPIRICAL STUDIES AND THEORETICAL DEBATES ON INSTITUTIONAL SUPPORT FOR GLOBAL ECONOMIC EXCHANGES, p. 215-238, V. Gessner, ed., Hart Publishing, 2009
24 Pages Posted: 28 Jun 2010
Date Written: March 1, 2008
Abstract
This paper explores the theory of transnational law. It is proposed that transnational civil regimes transcend the public-private distinction both in the substantive (private vs public law) and the procedural (public vs private regulators) dimensions. A toolbox of twelve generic governance mechanisms is introduced, which in the institutional organization of cross-border commerce are recombined into effective regimes. It is suggested that the resulting institutional innovations cannot appropriately be described by traditional concepts of the relation of state law and private ordering (delegation, deference, and incorporation), but should rightly be perceived as a ‘legal mutation.’
Keywords: Private Ordering, Private Governance, Transnational Law, New Law Merchant
JEL Classification: K12, K33, L14
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