International Private Rights of Action: A Cost-Benefit Framework

This Article seeks to chart a different course, by developing and applying an analytical cost-benefit framework, for assessing the costs and benefits of PRAs to enforce international law before an international forum. This framework is drawn from various literatures. For example, there is much to be learned about the potential benefits and costs of PRAs in the international setting from the rich literature comparing domestic PRAs with domestic regulation in the American context. More broadly, the article employs a comparative institutional approach, using a comparison between PRAs and regulatory enforcement mechanisms to shed light on their respective costs and benefits. My overarching goal is to develop an analytical framework that will clarify and facilitate an assessment of PRAs, while at the same time identifying some initial conclusions that flow from the cost-benefit analysis.