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Transnational Private-Public Arbitration as Global Regulatory Governance: Charting and Codifying the Lex Mercatoria Publica

Objective

The proposed research will analyze the rising phenomenon of transnational arbitrations between private economic actors and public law bodies as a mechanism of global regulatory governance. It breaks with the prevailing view that arbitration involves no more than settling individual disputes and hypothesizes instead that arbitrators generate the rules governing public-private relations rather independently of specific domestic legal systems and their democratic processes, and thereby prospectively steer and restrict government conduct. The body of law thus crafted by arbitral tribunals is what the project designates as lex mercatoria publica, in allusion to the a-national law generated by arbitral tribunals in international private-private disputes.
Unlike existing research, the proposed project will provide a comprehensive (historic, sociological, political, economic, and legal) perspective on the lex mercatoria publica and explore its legitimacy. It will, by empirically charting the modern and historic practice of private-public arbitration, describe and analyze the content of the lex mercatoria publica and develop, through comparative law research, normative criteria to assess the legitimacy of private-public arbitrations in democratic societies that are based on the rule of law. The research will result in a comprehensive online database and a codification of both the principles of private-public arbitration and of the lex mercatoria publica as developed and applied by arbitral tribunals.
The project will enable arbitrators, judges, and other international and national decision-makers to render more predictable, more circumspect, overall better, and fairer decisions concerning private-public arbitration. This will provide solid foundations for enhancing transnational private-public arbitration as an institution of global regulatory governance in the interest of better and more efficient cooperation between states and private economic actors in the global economy.

Field of science

  • /social sciences/sociology/governance
  • /social sciences/law

Call for proposal

ERC-2012-StG_20111124
See other projects for this call

Funding Scheme

ERC-SG - ERC Starting Grant

Host institution

UNIVERSITEIT VAN AMSTERDAM
Address
Spui 21
1012WX Amsterdam
Netherlands
Activity type
Higher or Secondary Education Establishments
EU contribution
€ 918 493,47
Principal investigator
Stephan Wolf-Bernhard Schill (Dr.)
Administrative Contact
T.M.M. Teresa Klerkx (Ms.)

Beneficiaries (2)

UNIVERSITEIT VAN AMSTERDAM
Netherlands
EU contribution
€ 918 493,47
Address
Spui 21
1012WX Amsterdam
Activity type
Higher or Secondary Education Establishments
Principal investigator
Stephan Wolf-Bernhard Schill (Dr.)
Administrative Contact
T.M.M. Teresa Klerkx (Ms.)
MAX-PLANCK-GESELLSCHAFT ZUR FORDERUNG DER WISSENSCHAFTEN EV
Germany
EU contribution
€ 304 506,53
Address
Hofgartenstrasse 8
80539 Munich
Activity type
Other
Administrative Contact
Klaus Zimmermann (Mr.)