In this essay, I revisit the public/private divide in order to explore more fully the potential for private production of law in global exchange and also to clarify what I think are differences in the way common law and civil legal scholars think about the public and the private in law.
Gillian K Hadfield. "The Public and the Private in the Provision of Law for Global Transactions" Oxford.) Contractual Certainty in International Trade: Empirical Studies and Theoretical Debates on Institutional Support for Global Economic Exchanges
Available at: http://works.bepress.com/ghadfield/34/