Somma on transnational private law

Biopolitics of Transnational Private Law - The Sovereign Debt Crises, Market Order and Human Rights

Alessandro Somma

University of Ferrara - Law Department

2012

13 German Law Journal (2012), pp. 1568-1575

Abstract:     
Transnational private law may constitute a tool to oppose liberal market ideology it, or at least to enhance conflicts able to correct the functionalizing and systemic approach to economic behavior consistent with that ideology. This would be the case for transnational private law allowing legal pluralism to emerge, so as to represent a counterbalance to current sovereign debt restructuring strategies, above all in labour and environmental issues.

Nevertheless, one can doubt the effectiveness of transnational private law in producing such a result, since it mainly forces the economic behavior of market actors into standards aiming at producing rationalization and functionalization in biopolitical terms.
Number of Pages in PDF File: 6
Keywords: Transnational Private Law, Market order, Human rights

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2195080