New York University Public Law and Legal Theory Working Papers

Document Type

Article

Abstract

Local public entrepreneurship is a concept which encompasses a variety of activities carried out by local governments to foster local economic development. The first part of this paper puts forward local public entrepreneurship as a windfall of the right to local selfgovernment. In the second part two cases are presented - one from EU and one from US - where local public entrepreneurship is playing a major role. However, in the EU the ECJ jurisprudence is discouraging local governments to engage in such activities thereby undermining the right to local self-government. By contrast, the US legal system actively encourages a high level of local public entrepreneurship for the production of urban services and infrastructure. The third and conclusive part of the paper addresses the implications of globalization for local development and questions whether normative action to regulate local public entrepreneurship shall be taken at the international law.

Date of Authorship for this Version

May 2007