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How Private Governance Arrangements May Produce Binding Outcomes
Journal
International Journal of Civil Society Law
Type
journal article
Date Issued
2005-10-01
Author(s)
Abstract
Contrary to dominant approaches to the legalization of international relations that concentrate on state made law and, by that, either ignore the role of private actors or relegate regulatory contributions of non-state actors to the margins, the article starts out with the hypothesis that private regulatory contributions can be equipped with the most important attributes generally preserved to the hard law of states. With its interest in how private legalities may achieve "hard" features, the article describes and analyses the preconditions and the operation of a private regulatory scheme that has achieved binding character at a transnational scale. The considerations are illustrated by the way in which conflicts between internet domain names and trademarks are settled. This relatively recent conflict has its origin in the creation of a new property rights system with an international reach that conflicts with established trademark regulations of nation states. In this particular case, hierarchy and technical code can be identified as the mechanisms that harden private regulation.
Language
English
HSG Classification
not classified
Refereed
Yes
Publisher
HeinOnline
Publisher place
Washington, D.C
Volume
3
Number
4
Start page
34
End page
55
Pages
22
Subject(s)
Division(s)
Eprints ID
47255