In this essay, three questions concerning the use of transnational commercial contracts as regulatory vehicles are examined: (1) Why have regulatory provisions increasingly been incorporated into commercial contracts and what are the main drivers of this phenomenon? (2) What are the instruments of incorporation into contracts? (3) What are the consequences, proximate and remote, of the incorporation of regulatory provisions into transnational commercial contracts? The answers to these questions should contribute to explaining how transnational regulatory power is allocated through contracts and how it is exercised along the chain.
Cafaggi, Fabrizio, The Regulatory Functions of Transnational Commercial Contracts: New Architectures (August 26, 2012).