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The term transnational governance designates untraditional types of
international and regional collaboration among both public and
private actors. These legally-structured or less formal
arrangements link economic, scientific and technological spheres
with political and legal processes. They are challenging the type
of governance which constitutional states were supposed to
represent and ensure. They also provoke old questions: Who bears
the responsibility for governance without a government? Can
accountability be ensured? The term 'constitutionalism' is still
widely identified with statal form of democratic governance. The
book refers to this term as a yardstick to which then contributors
feel committed even where they plead for a reconceptualisation of
constitutionalism or a discussion of its functional equivalents.
'Transnational governance' is neither public nor private, nor
purely international, supranational nor totally denationalised. It
is neither arbitrary nor accidental that we present our inquiries
into this phenomenon in the series of International Studies on
Private Law Theory.
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