Fabrizio Cafaggi
Biographic Data
| ID | 4405217 |
|---|---|
| NAME | Fabrizio Cafaggi |
| GIVEN NAMES | Fabrizio |
| FAMILY NAME | Cafaggi |
| SIGNATURE | CAFAGGI F |
| AFFILIATIONS | University of Trento |
| ORCID | 0000-0001-7306-5292 |
| VERIFIED | Yes |
| TOTAL WORKS | 7 |
| TOTAL CITATIONS | 42 |
| WORKS AS AUTHOR | 7 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2004 |
| LATEST PUBLICATION YEAR | 2015 |
| H-INDEX | 3 |
Regulatory capabilities
This paper develops the normative concept of “regulatory capabilities.” It asserts that nobody – individuals, groups, or entities – should be subjected to a regulatory regime without some freedom to determine its nature. Self‐determination in this context means the ability to accept or reject a regulatory regime imposed by others or to develop viable alternative approaches. We use the term “regulatory capabilities” to capture the importance of en…
Global Public Goods amidst a Plurality of Legal Orders
A public good (an example is a lighthouse) can be produced by private parties. However, they rarely are. Rather, such goods are generally thought of in economics as a type of commodity that government often provides and maintains because government can overcome the otherwise strong incentive to free ride on the efforts of others. This symposium issue is concerned with the global analogies to municipal public goods. As in the domestic context, glo…
Transnational Private Regulation and the Production of Global Public Goods and Private 'Bads
The article focuses on the role of private regulators in the production, access regulation, and protection of global public goods (GPGs). It addresses transnational private regulation (TPR) as a public good in itself and as an instrument to produce and protect GPGs. It makes three major claims: (1) private actors have incentives to produce and protect GPGs, thereby challenging the conventional partition between markets, producing private goods, a…
The Conceptual and Constitutional Challenge of Transnational Private Regulation
Transnational private regulation (TPR) is a key aspect of contemporary governance. At first glance TPR regimes raise significant problems of legitimacy because of a degree of detachment from traditional government mechanisms. A variety of models have emerged engaging businesses, associations of firms, and NGOs, sometimes in hybrid form and often including governmental actors. Whilst the linkage to electoral politics is a central mechanism of legi…
New Foundations of Transnational Private Regulation
In section I of this article, the factors driving towards the emergence of new transnational private regulation (TPR) are identified in comparison with, on the one hand, merchant law and, on the other, international public regimes. In section II, the focus is on the private sphere, looking at both the different conflicts of interests arising in the regulatory relationships and the need for governance responses. In section III, institutional compl…
Legal Orderings and Economic Institutions
Introduction 1. Law, Economics and Institutional Complexity: An Introduction Part 1: Complexity in Law and Economics 2. Economics in the Future of the Law 3. Law and Economics in Historic Perspective 4. Legal Positions and Institutional Complementarities 5. Legislate Today or Wait Until Tomorrow?: An Investment Approach to Lawmaking Part 2: Private Orderings, Efficiency and the Role of the State 6. The Enforcement of Contracts and the Role of the…
Le rôle des acteurs privés dans les processus de régulation
The Role of Private Actors in Regulation Processes : Participation, Self-Regulation, and Private Regulation The recent development of private participation in regulatory activity must be understood as the advent of new models of rulemaking cooperations : co-regulation, delegated regulation, and recognized private regulation. These models reflect new convergences between regulation — usually considered in the public interest — and self regulation.…
Regulatory capabilities
This paper develops the normative concept of “regulatory capabilities.” It asserts that nobody – individuals, groups, or entities – should be subjected to a regulatory regime without some freedom to determine its nature. Self‐determination in this context means the ability to accept or reject a regulatory regime imposed by others or to develop viable alternative approaches. We use the term “regulatory capabilities” to capture the importance of en…
New Foundations of Transnational Private Regulation
In section I of this article, the factors driving towards the emergence of new transnational private regulation (TPR) are identified in comparison with, on the one hand, merchant law and, on the other, international public regimes. In section II, the focus is on the private sphere, looking at both the different conflicts of interests arising in the regulatory relationships and the need for governance responses. In section III, institutional compl…
Global Public Goods amidst a Plurality of Legal Orders
A public good (an example is a lighthouse) can be produced by private parties. However, they rarely are. Rather, such goods are generally thought of in economics as a type of commodity that government often provides and maintains because government can overcome the otherwise strong incentive to free ride on the efforts of others. This symposium issue is concerned with the global analogies to municipal public goods. As in the domestic context, glo…
The Conceptual and Constitutional Challenge of Transnational Private Regulation
Transnational private regulation (TPR) is a key aspect of contemporary governance. At first glance TPR regimes raise significant problems of legitimacy because of a degree of detachment from traditional government mechanisms. A variety of models have emerged engaging businesses, associations of firms, and NGOs, sometimes in hybrid form and often including governmental actors. Whilst the linkage to electoral politics is a central mechanism of legi…
Transnational Private Regulation and the Production of Global Public Goods and Private 'Bads
The article focuses on the role of private regulators in the production, access regulation, and protection of global public goods (GPGs). It addresses transnational private regulation (TPR) as a public good in itself and as an instrument to produce and protect GPGs. It makes three major claims: (1) private actors have incentives to produce and protect GPGs, thereby challenging the conventional partition between markets, producing private goods, a…
Le rôle des acteurs privés dans les processus de régulation
The Role of Private Actors in Regulation Processes : Participation, Self-Regulation, and Private Regulation The recent development of private participation in regulatory activity must be understood as the advent of new models of rulemaking cooperations : co-regulation, delegated regulation, and recognized private regulation. These models reflect new convergences between regulation — usually considered in the public interest — and self regulation.…
Le rôle des acteurs privés dans les processus de régulation
The Role of Private Actors in Regulation Processes : Participation, Self-Regulation, and Private Regulation The recent development of private participation in regulatory activity must be understood as the advent of new models of rulemaking cooperations : co-regulation, delegated regulation, and recognized private regulation. These models reflect new convergences between regulation — usually considered in the public interest — and self regulation.…
Legal Orderings and Economic Institutions
Introduction 1. Law, Economics and Institutional Complexity: An Introduction Part 1: Complexity in Law and Economics 2. Economics in the Future of the Law 3. Law and Economics in Historic Perspective 4. Legal Positions and Institutional Complementarities 5. Legislate Today or Wait Until Tomorrow?: An Investment Approach to Lawmaking Part 2: Private Orderings, Efficiency and the Role of the State 6. The Enforcement of Contracts and the Role of the…
The Conceptual and Constitutional Challenge of Transnational Private Regulation
Transnational private regulation (TPR) is a key aspect of contemporary governance. At first glance TPR regimes raise significant problems of legitimacy because of a degree of detachment from traditional government mechanisms. A variety of models have emerged engaging businesses, associations of firms, and NGOs, sometimes in hybrid form and often including governmental actors. Whilst the linkage to electoral politics is a central mechanism of legi…
New Foundations of Transnational Private Regulation
In section I of this article, the factors driving towards the emergence of new transnational private regulation (TPR) are identified in comparison with, on the one hand, merchant law and, on the other, international public regimes. In section II, the focus is on the private sphere, looking at both the different conflicts of interests arising in the regulatory relationships and the need for governance responses. In section III, institutional compl…
Global Public Goods amidst a Plurality of Legal Orders
A public good (an example is a lighthouse) can be produced by private parties. However, they rarely are. Rather, such goods are generally thought of in economics as a type of commodity that government often provides and maintains because government can overcome the otherwise strong incentive to free ride on the efforts of others. This symposium issue is concerned with the global analogies to municipal public goods. As in the domestic context, glo…
Transnational Private Regulation and the Production of Global Public Goods and Private 'Bads
The article focuses on the role of private regulators in the production, access regulation, and protection of global public goods (GPGs). It addresses transnational private regulation (TPR) as a public good in itself and as an instrument to produce and protect GPGs. It makes three major claims: (1) private actors have incentives to produce and protect GPGs, thereby challenging the conventional partition between markets, producing private goods, a…
Regulatory capabilities
This paper develops the normative concept of “regulatory capabilities.” It asserts that nobody – individuals, groups, or entities – should be subjected to a regulatory regime without some freedom to determine its nature. Self‐determination in this context means the ability to accept or reject a regulatory regime imposed by others or to develop viable alternative approaches. We use the term “regulatory capabilities” to capture the importance of en…
Economics (6 works) · Political science (6 works) · Corporate governance (5 works) · Law and economics (5 works) · Law (4 works) · Law (4 works) · Business (3 works) · Corporate Law and Human Rights (3 works) · Sociology (3 works) · Transnational governance (3 works)