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Private International Law and Global Governance$
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Horatia Muir Watt and Diego P. Fernández Arroyo

Print publication date: 2014

Print ISBN-13: 9780198727620

Published to Oxford Scholarship Online: March 2015

DOI: 10.1093/acprof:oso/9780198727620.001.0001

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Private v Private

Private v Private

Transnational Private Law and Contestation in Global Economic Governance

Chapter:
2 Private v Private
Source:
Private International Law and Global Governance
Author(s):

Robert Wai

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198727620.003.0003

The chapter considers transnational private law and private ordering as venues for contestation in economic governance. Various factors have reduced the effectiveness and legitimacy of public law venues as the focus for contestation in transnational economic governance. Other venues of contemporary global pluralism offer possibilities but also face problems such as complexity and legitimacy. The chapter considers these possibilities and limits by examining the governance model associated with transnational private law, defined as the combination of private international law and domestic private laws. Drawing from examples of transnational tort litigation and non-state international dispute resolution, the model of transnational economic governance that emerges involves both cooperation and contestation among private actors. Public policies such as regulation and protection are advanced as public authority operates indirectly through facilitating and overseeing processes of private ordering.

Keywords:   transnational law, private international law, private ordering, contestation, economic governance, global pluralism

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