Cardiff University New Foundations of Transnational Private Regulation Author(s): Fabrizio Cafaggi Source: Journal of Law and Society, Vol. 38, No. 1, The Challenge of Transnational Private Regulation: Conceptual and Constitutional Debates (MARCH 2011), pp. 20-49 Published by: Wiley on behalf of Cardiff University Stable URL: https://www.jstor.org/stable/23030395 Accessed: 21-01-2019 16:18 UTC JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact
[email protected]. Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at https://about.jstor.org/terms Cardiff University, Wiley are collaborating with JSTOR to digitize, preserve and extend access to Journal of Law and Society This content downloaded from 154.59.124.94 on Mon, 21 Jan 2019 16:18:47 UTC All use subject to https://about.jstor.org/terms JOURNAL OF LAW AND SOCIETY VOLUME 38, NUMBER 1, MARCH 2011 ISSN: 0263-323X, pp. 20-49 New Foundations of Transnational Private Regulation Fabrizio Cafaggi* In section I oj this article, the factors driving towards the emergence of new transnational private regulation (TPR) are identified in com parison with, on the one hand, merchant law and, on the other, inter national 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.