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A demandeur-centric theory of regime design in transnational commercial law

Gopalan, Sandeep 2008, A demandeur-centric theory of regime design in transnational commercial law, Georgetown journal of international law, vol. 39, no. 2, pp. 327-381.

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Title A demandeur-centric theory of regime design in transnational commercial law
Author(s) Gopalan, Sandeep
Journal name Georgetown journal of international law
Volume number 39
Issue number 2
Start page 327
End page 381
Total pages 55
Publisher Georgetown University Law Center
Place of publication Washington, D.C.
Publication date 2008-03-11
ISSN 1550-5200
Summary Recent scholarship on international agreement design has almost exclusively focused on the public international law area. The literature on regime design in the area of international private law lacks a solid theoretical foundation. Academic writing on public international law's state-centric approach is only amenable to crude transplantation and poses several puzzles in the international private law context. Resolving these puzzles is important because of the proliferation of transnational commercial agreements in areas that were traditionally the province of domestic law. This paper attempts to provide a starting point to address the theoretical vacuum. Part I argues that functionalist, liberal, and realist theories cannot fully explain transnational commercial law agreement design. Part II puts forth a demandeur-centric approach with the aid of examples that span the spectrum from hard law to soft law. Part III concludes that agreement design in transnational commercial law is premised on demandeur preferences and relative power.
Language eng
Field of Research 180199 Law not elsewhere classified
Socio Economic Objective 940499 Justice and the Law not elsewhere classified
HERDC Research category C1.1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2008, Georgetown University Law Center
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Document type: Journal Article
Collections: Faculty of Business and Law
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