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Global Order Beyond Law

How Information and Communication Technologies Facilitate Relational Contracting in International Trade

By: Thomas Dietz
Media of Global Order Beyond Law
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Published: 01-12-2014
Format: PDF eBook (?)
Edition: 1st
Extent: 182
ISBN: 9781782253914
Imprint: Hart Publishing
Series: International Studies in the Theory of Private Law
RRP: £28.06
Online price : £25.25
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Loren Epson

About Global Order Beyond Law

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.

Table Of Contents

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

Reviews

“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.
” –  Paul H. Cohen, Transnational Dispute Management, August 2014

“A study like the one presented in this book is highly interesting for research on the use of international trade law and the actual needs of traders … Dietz presents a highly interesting spectrum of information about the actual problems and their solutions that business people encounter in this globalised world.” –  Maren Heidemann, European Business Law Review

“Thomas Dietz's book will be enjoyable to any reader interested in contract law theory, in the specificities of complex software development agreements, in international commerce and trade, in sociological approaches to law, or in institutional economics, among other fields. Readers will find in Dietz's work a fascinating study of contract law in action that forces all of us to be less attached to formal contracting rules and to consider other alternative mechanisms that work in the shadow of contract law or in its absence.” –  Antoni Rubí-Puig, European Review of Contract Law

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