The regulatory functions of transnational commercial contracts : new architectures
License
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
Issue Date
Type of Publication
Keyword(s)
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
Fordham international law journal, 2013, Vol. 36, No. 6, pp. 1557-1618
Cite
CAFAGGI, Fabrizio, The regulatory functions of transnational commercial contracts : new architectures, Fordham international law journal, 2013, Vol. 36, No. 6, pp. 1557-1618 - https://hdl.handle.net/1814/39773
Abstract
In this essay, three questions concerning the use of transnational commercial contracts as regulatory vehicles are examined: 1) Why have regulatory provisions increasingly been incorporated into commercial contracts and what are the main drivers of this phenomenon? 2) What are the instruments of incorporation into contracts? 3) What are the consequences, proximate and remote, of the incorporation of regulatory provisions into transnational commercial contracts? The answers to these questions should contribute to explaining how transnational regulatory power is allocated through contract and how it is exercised along the chain.