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A Demandeur-Centric Approach to Regime Design in Transnational Commercial Law

Gopalan, Sandeep (2008) A Demandeur-Centric Approach to Regime Design in Transnational Commercial Law. Georgetown Journal of International Law, 39. ISSN 1550-5200

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Abstract

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.

Item Type: Article
Keywords: transnational commercial law; international law; ICC; UNIDROIT; UNCITRAL; Hague conference; incoterms; arbitration; international relations; aircraft finance; securities;
Subjects: Social Sciences > Law
Item ID: 2436
Depositing User: Prof. Sandeep Gopalan
Date Deposited: 10 Feb 2011 16:32
Journal or Publication Title: Georgetown Journal of International Law
Publisher: Georgetown University Law Center
Refereed: Yes
URI:

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