ABSTRACT
Within this volume on transnational private governance (TPG), this chapter concentrates on the international legal ramifications of the privatisation of areas formerly under public governance. I argue that – important as they are to the clarifications of the legal and governance practises at the international and national levels – the discourses on the legalisation, judicialisation, and constitutionalisation of international relations rarely reach beyond the classic paradigm of public vs. private international law. And where exploring the overlap between these two spheres, they remain confined to symptomatic issues. For example, the debates address public’s demand for transparency and private sector’s need for confidentiality, or identify new private actors in international relations, yet without tackling the varying challenges these actors pose for public international law.2
