The making of international trade law: regulating the risks of capture.

Summary The risk of capture is little studied outside the context of economic regulation in which it has been theorized. Although American doctrine has shown that this risk is inherent in any normative process, legal studies on the question remain rare, even if the risk of capture is sometimes mentioned in the course of a sentence or a footnote. The present study aims at better identifying the risks of capture that may affect the making of international trade law within UNCITRAL and UNIDROIT . The study aims not only to identify these risks of capture, but above all to propose a legal framework capable of controlling the twofold dynamic that can be observed within UNCITRAL and UNIDROIT, between, on the one hand, the participation of international trade operators in their standard-setting activities - an essential aspect conditioning the quality and commercial acceptability of their legal norms - and, on the other hand, the prevention of the risks of capture, a phenomenon that is detrimental because of the detour of the standard-setting process that it entails to the benefit of certain economic operators.