Global Order Beyond Law

How Information and Communication Technologies Facilitate Relational Contracting in International Trade

Nonfiction, Reference & Language, Law, Commercial, International
Cover of the book Global Order Beyond Law by Dr Thomas Dietz, Bloomsbury Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Dr Thomas Dietz ISBN: 9781782253921
Publisher: Bloomsbury Publishing Publication: December 1, 2014
Imprint: Hart Publishing Language: English
Author: Dr Thomas Dietz
ISBN: 9781782253921
Publisher: Bloomsbury Publishing
Publication: December 1, 2014
Imprint: Hart Publishing
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Bloomsbury Publishing

Cover of the book The Romantic Historicism to Come by Dr Thomas Dietz
Cover of the book The Accidental Feminist by Dr Thomas Dietz
Cover of the book The Unseen Terror by Dr Thomas Dietz
Cover of the book The Bloomsbury Companion to Holocaust Literature by Dr Thomas Dietz
Cover of the book Bloomsbury CPD Library: Raising Attainment in the Primary Classroom by Dr Thomas Dietz
Cover of the book The Bloomsbury Companion to Modernist Literature by Dr Thomas Dietz
Cover of the book Mao's Last Dancer by Dr Thomas Dietz
Cover of the book Atheists by Dr Thomas Dietz
Cover of the book Bradshaw's Handbook to London by Dr Thomas Dietz
Cover of the book A Remarkable Case of Burglary by Dr Thomas Dietz
Cover of the book Time Stoppers by Dr Thomas Dietz
Cover of the book Stephen the Great and Balkan Nationalism by Dr Thomas Dietz
Cover of the book Zen and the Art of Donkey Maintenance by Dr Thomas Dietz
Cover of the book Negligence and Illegality by Dr Thomas Dietz
Cover of the book Trouble At School by Dr Thomas Dietz
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy