Across the Public/private International Legal Divide in the Governance of Global Public Goods

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International law has long experienced a divide or “schism” between public
and private international law.1 This divide is not only heuristic, it has deeply
constitutive effects on what is possible in the international landscape. The divide
creates multiple shadow areas in which the private is rendered invisible and cannot
be regulated, or at least not using traditional legal mechanisms.2