Academic

van Aaken on Market Mechanisms for Effectuating Private International Law (with a comment by Zumbansen)

By Lawrence Solum

Anne van Aaken (University of St. Gallen - Law Department) has posted Effectuating Public International Law Through Market Mechanisms? on SSRN.  Here is the abstract:

Traditionally, the enforcement of Public International Law (PIL) was a task of states: the addressees and the enforcers of PIL were states. That has changed recently. Whereas the influence of private market actors on the making of PIL has been extensively analyzed, the influence of private market actors on the enforcement has been neglected although the idea of using private interests in order to foster social goals has a long history. This article draws on theoretical insights of a rational-choice approach to PIL in order to analyze the prerequisites of effectuating PIL through private market actor incentives and market mechanisms.

And also this comment, Peer Zumbansen (York University - Osgoode Hall Law School), The State as 'Black Box' and the Market and Regulator: A Comment on Anne Van Aaken's 'Effectuating Public International Law Through Market Mechanisms'.  Here is the abstract:

In the autumn of 2008, at a time of global reconsideration of the role of states in the regulation of markets, the paper uses the reflection on past experiences with the laissez faire state, the interventionist state, the welfare state and the enabling state as institutional crystallization points in an ongoing learning process of regulatory innovation as a framework to assess contemporary proposals to delegate public international law [PIL] enforcement to market actors. As such, the paper attempts to carve out possible conceptual and political implications of the current proposals against the background of interventionist and post-interventionist market regulation models. However, the translation of nation-state experiences with market regulation onto the global sphere presents a challenge in light of the particular structural qualities of transnational regulatory regimes. The task - both for a reconstructive narrative and for a delegation theory of PIL regulation through market actors - lies in the production of a better understanding of state-market and public-private distinctions in the transnational arena.

Full post as published by Legal Theory Blog on November 04, 2008 (boomark / email).