Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today's globalised markets. The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts. Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union's supranational enforcement order is, in practice, insignificant. Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures. This book explains how complex exchange in global markets has emerged in the absence of a global legal order.
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The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions.
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Part I Theoretical Framework and Research Question 1. Contract Enforcement Institutions 2. State-enforced Contract Law and the Development 3. Does Globalisation Lead to a Decline of State Contract Law? Part II Empirical Study 4. Research Design 5. Scenario 1: How German Companies Enforce Contracts 6. How Bulgarian and Romanian Firms Enforce Contracts 7. How Indian Firms Enforce Contracts When Selling 8. How Contracts between German Buyers and Suppliers 9. Overall Results
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Professor Dietz has made an important and substantial contribution to the field of international law and economics. His analysis deserves a careful and respectful hearing.
The aim of this book is to shed light on the governance of cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions.
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Exploring the normative and theoretical foundations of private law. This series of books, edited by a distinguished international team of legal scholars, aims to investigate the normative and theoretical foundations of the law governing relations between citizens. The context for such investigations of private law systems is set by important modern tendencies in systems of governance. The advent of the regulatory state marks the withdrawal of the state from direct control and management of social and economic activity, and the adoption instead of procedural regulation and co-regulatory strategies that promote the use of private law techniques of ordering and self-regulation in social and economic interactions between citizens. The tendency known as globalisation and the corresponding increases in cross-border trade produce the responses of transnational regulation of commerce and private governance regimes, and these new systems of governance challenge the hegemony of traditional national private law systems. Furthermore, these tendencies towards transnational governance regimes compel an interaction between different national legal traditions, with their differences in culture and philosophy as well as their differences based upon variations in market systems, which provokes questions not only about competing policy frameworks but also about nature and adequacy of different kinds of legal reasoning itself. The series welcomes a diverse range of theoretical approaches in the examination of these issues including approaches using socio-legal methods, economics, critical theory, systems theory, regulation theory, and moral and political theory. With the aim of stimulating an international discussion of these issues, volumes will be published in Germany, France, and the United Kingdom in one of the three languages.
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Produktdetaljer

ISBN
9781849465403
Publisert
2014
Utgiver
Vendor
Hart Publishing
Vekt
564 gr
Høyde
234 mm
Bredde
156 mm
Dybde
18 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet

Forfatter

Biographical note

Thomas Dietz is Associate Professor for Politics and Law at the University of Muenster.