Private Ordering

PR2 approaches private (international) law through the lens of private ordering. Private ordering is the regulation, enforcement and dispute resolution by private actors, as opposed to actors in the public legal order. The private legal order is located in the shadow of the law in two respects. On the one hand, it may be situated outside the realm of State law and thus raises questions into the division of power between private and public actors, and into the latter’s negative and positive obligations. On the other hand, the law may also cast a shadow on private ordering, as a benchmark. Questions then arise on the interplay between private and public actors. Legal pluralism is a particular point of interest.