Abstract : Daniela Caruso asks whether private law concepts may be
instrumental in defending the interests of aggrieved thirdparties
to Regional Trade Agreements, or whether the
former are doomed to remain ignored “non-parties.” This
comment builds on her arguments and extends the
discussion to the case of sovereign debts and IMF
conditionality, where the parties also tend to act as
“monadic,” realist, international agents. The hypothesis
that emerges is pessimistic: in the absence of a developed
jurisdictional order—a form of constitutionalization—
third-parties and their interests are as difficult to identify
as the broader public space where they should belong.
Jérôme Sgard. Contracts, Treaties, and the Public Space (comment). Harvard International Law Journal, Harvard University, Harvard Law School, 2019, 59, pp.20 - 30. ⟨hal-03393687⟩