ACROSS THE PUBLIC/PRIVATE INTERNATIONAL LEGAL DIVIDE IN THE GOVERNANCE OF GLOBAL PUBLIC GOODS

摘要

International law has long experienced a divide or "schism" between public and private international law. This divide is not only heuristic, it has deeply constitutive effects on what is possible in the international landscape. The divide creates multiple shadow areas in which the private is rendered invisible and cannot be regulated, or at least not using traditional legal mechanisms. An international legal pluralism framework, because of its ability to engage with forms of non-state law in international regulatory spaces, presents some promise to address those gaps, but it does not often engage with the private, even if it shows the promise of articulating transnational governance. In this sense, elements of private international ordering end up written off as part of a "non-legality" structuring device, as pre- or post-legal.