Transnational private regulation (TPR) is a growing phenomenon. It creates new markets and dissolves old ones. TPR contributes to the regulation of existing markets, it increases the protection of fundamental rights and it enables or disables communities to participate in global rule making. The...

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...

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...