Los nuevos fundamentos de la regulación privada transnacional
In section I of this article, the factors driving towards the emergence of new transnational private regulation (TPR) are identified in comparison with, on the one hand, merchant law and, on the other, international public regimes. In section II , the focus is on the private sphere, looking at both...
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| Format: | Article |
| Language: | Spanish |
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Universidad Externado de Colombia
2014
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4774747 |
| Source: | Revista de Derecho Privado, ISSN 0123-4366, Nº. 26, 2014, pags. 185-217 |
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| Summary: |
In section I of this article, the factors driving towards the emergence
of new transnational private regulation (TPR) are identified in comparison with,
on the one hand, merchant law and, on the other, international public regimes.
In section II , the focus is on the private sphere, looking at both the different
conflicts of interests arising in the regulatory relationships and the need for
governance responses. In section III , institutional complementarity between
public and private regimes is examined. In light of this approach, the claim that
differences between public and private at the global level exist is substantiated.
The public-private divide is analysed, comparing the domestic and the transnational
level. Four different models of interaction are identified: hybridization,
collaborative law-making, coordination, and competition. Section IV summarizes
the results of the analysis, reconsidering the boundaries between public and private
at transnational level. |
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