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After Public Law$
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Cormac Mac Amhlaigh, Claudio Michelon, and Neil Walker

Print publication date: 2013

Print ISBN-13: 9780199669318

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199669318.001.0001

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Globalization and the Transcendence of the Public/Private Divide—What is Public Law under Conditions of Globalization?

Globalization and the Transcendence of the Public/Private Divide—What is Public Law under Conditions of Globalization?

Chapter:
(p.200) (p.201) 10 Globalization and the Transcendence of the Public/Private Divide—What is Public Law under Conditions of Globalization?
Source:
After Public Law
Author(s):

Inger-Johanne Sand

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199669318.003.0010

This chapter discusses changes in the classical public–private divide under the new conditions of globalization, new technologies, and public–private cooperation. General public law and the public–private divide have been crucial in the evolution of rule-of-law regimes and in the development of welfare and regulatory states. It is argued that vital developments within the state, and by increased internationalization and globalization, have contributed significantly to changes in the classical forms of public law. Some examples are further analysed: the expansion of markets and public regulation has led to closer and more intensive interactions between the corresponding spheres of law. Markets are increasingly used as mechanisms of regulation. The expansion of international and European economic law has been vital in the changing interface of public and private law. The regulation of the Internet and of new biotechnologies offers further examples of new forms of public law and changes in the public-private divide.

Keywords:   public law, administrative law, public–private divide, globalization, international economic law, European economic law, state-owned corporations, internet, biotechnologies, communicative differentiation

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