Document Type


Publication Date

Winter 2016

Publication Citation

23 Indiana Journal of Global Legal Studies 323 (2016)


Today's economy is dominated by global actors. Over the past few decades, transnational corporations have increased in number and importance while domestic corporations have turned to outsourcing to cut costs and increase efficiency. The globalized economy has caused a breakdown in both physical and legal boundaries, as products in international commerce move from one jurisdiction to another, often adhering to safety standards of an entirely different jurisdiction than the one in which they are sold. This breakdown raises concerns about product safety and illustrates the importance of creating a consistent products liability regime for the international market. At the same time, consumer expectations and the high visibility of these large, transnational actors have created an incentive for manufacturers to put safe products in the market. With numerous market forces in play, this Note suggests a regime that promotes private lawmaking and the adoption of voluntary standards. Such a regime has the potential to create consistent product safety standards across jurisdictions while instituting a "race to the top" among these transnational actors.