Effectuating Public International Law Through Market Mechanisms?

Traditionally, the enforcement of Public International Law (PIL) was a task of states: the addressees and the enforcers of PIL were states. That has changed recently. Whereas the influence of private market actors on the making of PIL has been extensively analyzed, the influence of private market actors on the enforcement has been neglected although the idea of using private interests in order to foster social goals has a long history. This article draws on theoretical insights of a rational-choice approach to PIL in order to analyze the prerequisites of effectuating PIL through private market actor incentives and market mechanisms