Mapping 'wild zones' of globalisation: on private actors and the rule of law. Issue 1 (March 2021)

• Record Type: Journal Article
• Authors: Mak, Chantal
• Editors: Sugarman, David; Paliwala, Abdul
• Is Part Of: International journal of law in context. Volume 17:Issue 1(2021)
• Page Start: 107
• Page End: 113
• Publication Date: 2021-03
• Subjects: 340.11505
• DOI: 10.1017/S1744552321000045
• Languages: English
• ISSNs: 1744-5523

Abstract

Abstract : While private corporations have become increasingly influential in the global economy, a comprehensive legal framework for their activities is missing. Although international and regional legal instruments may govern some aspects of, for instance, international investments and the supply of goods and services, there is no overarching structure for assessing the impact of large-scale private projects. In the absence of such a comprehensive framework, specific rules of private law allow profit-seeking companies to expand their activities on an economic basis, mostly without having to heed social concerns (Pistor, 2019). This is particularly problematic insofar as multinational companies have obtained power to set the rules for their engagement with states, organisations and individuals, for instance in the form of transnational investment contracts. Given the fragmented nature of the legal sphere in which such contracts are elaborated and performed, those who face the harmful consequences of such investments may not be able to participate in decision-making processes. The contracts remain in 'wild zones' of globalisation (Fraser, 2014, p. 150), where powerful private companies rule.