The Regulatory Functions of Transnational Commercial Contracts: New Architectures

32 Pages Posted: 28 Aug 2012  

Fabrizio Cafaggi

European University Institute - Department of Law (LAW)

Multiple version iconThere are 2 versions of this paper

Date Written: August 26, 2012

Abstract

In this essay, three questions concerning the use of transnational commercial contracts as regulatory vehicles are examined:

1) Why have regulatory provisions increasingly been incorporated into commercial contracts and what are the main drivers of this phenomenon?

2) What are the instruments of incorporation into contracts?

3) What are the consequences, proximate and remote, of the incorporation of regulatory provisions into transnational commercial contracts?

The answers to these questions should contribute to explaining how transnational regulatory power is allocated through contracts and how it is exercised along the chain.

Keywords: Transnational contract, commercial contract, regulatory contract, regulation, power allocation

Suggested Citation

Cafaggi, Fabrizio, The Regulatory Functions of Transnational Commercial Contracts: New Architectures (August 26, 2012). Available at SSRN: https://ssrn.com/abstract=2136632 or http://dx.doi.org/10.2139/ssrn.2136632

Fabrizio Cafaggi (Contact Author)

European University Institute - Department of Law (LAW) ( email )

Via Boccaccio 121 (Villa Schifanoia)
I-50122 Firenze
Italy
+39.055.4685.516 / 241 (Phone)

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