Title: Market governance and European private law in the global financial downturn

Authors: Stéphanie Laulhé Shaelou

Addresses: University of Nicosia, 46 Makedonitissas Avenue, 1700 Nicosia, Cyprus

Abstract: This paper will focus on the governance of European private law through market regulation, as an instance of transnational regulatory framework within the context of the ongoing financial crisis. Europeanisation and globalisation of cross-border transactions have and continue to lead to the 'modernisation' of European private law where private actors take on a leading role and affect market regulation. It will look at this phenomenon within the context of the global financial crisis currently unfolding, characterised by market failure and 'misregulation'. This paper explores the relationship between regulation and competition and between governance, public and private spheres and public and private regulators/actors. It reveals a new mode of market governance of European private law in the context of the financial crisis based on well-known principles of regulation.

Keywords: market governance; transnational law; competition; market regulation; financial crises; global downturns; financial downturns; European Union; EU; Europe; transnational frameworks; regulatory frameworks; Europeanisation; globalisation; cross-border transactions; modernisation; global crises; market failure; misregulation; public spheres; private spheres; public regulators; private regulators; private law.

DOI: 10.1504/IJPL.2012.049358

International Journal of Private Law, 2012 Vol.5 No.4, pp.373 - 389

Published online: 20 Sep 2014 *

Full-text access for editors Full-text access for subscribers Purchase this article Comment on this article