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The Privatization of Transnational Governance and Its Limits The Privatization of Transnational Governance and Its Limits
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Enlisting International Private Sector Rulemaking Organizations Enlisting International Private Sector Rulemaking Organizations
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The Risks and Limits of Privatization of Regulatory Governance The Risks and Limits of Privatization of Regulatory Governance
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Endogenous Growth of Private Governance Endogenous Growth of Private Governance
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The Growth of Private International Courts The Growth of Private International Courts
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The Risks and Limits of Private International Justice The Risks and Limits of Private International Justice
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Conclusion Conclusion
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8 Private Transnational Governance
Get accessWalter Mattli is Professor of International Political Economy in the Department of Politics and International Relations at the University of Oxford and a Fellow of St. John’s College at Oxford. He joined Oxford in 2004 and previously taught at Columbia University. He has been a visiting Fellow at the Wissenschaftskolleg in Berlin, the American Academy in Berlin, Princeton University, and other institutions.
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Published:06 November 2017
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Abstract
This chapter discusses the key drivers and risks of private transnational governance. It shows that private governance rarely seems to stay purely private. When it fails to consider wider societal interests and concerns, private governance will draw unwanted attention from governments, potentially leading to oversight and regulation or public-private partnerships — what is referred to as ‘joint or hybrid’ governance. A trend towards hybrid governance appears to be detectable both in the cases of privatization of global regulation and the rise of transnational private justice. In the former case, states have taken steps to improve procedural transparency and broaden the range of partners involved in transnational rule-making. In the latter case, the constitutionalization of international arbitration governance promises to integrate and safeguard fundamental public policy norms in private judicial processes. Future research on global governance will have to carefully examine the significance and effectiveness of ‘joint or hybrid’ governance.
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