Transnational Private Law and Private Ordering in a Contested Global Society

Harvard International Law Journal, Vol. 46, pp.471-488, 2005

9 Pages Posted: 29 Apr 2010

See all articles by Robert Wai

Robert Wai

Osgoode Hall Law School, York University

Date Written: 2005

Abstract

This Article explores a social vision of global public order taken from transnational private law. It recasts the potential role of private law in the cross-border economic context as centrally concerned with private action as both the object and vehicle of substantive and procedural governance. Viewed in this way, private law is a venue. for the contestation and regulation of private action by private action in the contemporary global system. With its distinctive strengths and weaknesses, transnational private law is viewed as one alternative among many regimes of global order and is understood to perform a social- indeed, "public"-function in the embedding of private behavior and relationships within a broader social order.

Suggested Citation

Wai, Robert, Transnational Private Law and Private Ordering in a Contested Global Society (2005). Harvard International Law Journal, Vol. 46, pp.471-488, 2005, Available at SSRN: https://ssrn.com/abstract=1596724

Robert Wai (Contact Author)

Osgoode Hall Law School, York University ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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