Bottom-Up Lawmaking: The Private Origins of Transnational Law

This article introduces one way in which the private sector makes law- bottom-up transnational lawmaking. While this article explores one example in depth- the Berne Union's regulation of export credit insurance- it concludes that bottom-up lawmaking peppers our legal landscape in a profound and largely unacknowledged way. More specifically, this article discusses how the private sector engages in international lawmaking and contemplates the normative implications of privatized transnational lawmaking. Democracy and the Transnational Private Sector, Symposium.

Indiana University School of Law – Bloomington, April 12-13, 2007.