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Global Order Beyond Law: How Information and Communication Technologies Facilitate Relational Contracting in International Trade
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Bibliographic Detail
Publisher Hart Pub
Publication date October 13, 2016
Pages 270
Binding Paperback
Book category Adult Non-Fiction
ISBN-13 9781509907434
ISBN-10 1509907432
Original list price $42.00
Summaries and Reviews description: Product Description: Now available in paperback. 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. [Subject: Comparative Law, Tort Law, Commercial Law, Trade Law, Private Law, Public Law, International Law]

Book cover for 9781849465403
from Hart Pub (May 19, 2014)
9781849465403 | details & prices | 252 pages | 6.25 × 9.25 × 0.75 in. | 1.25 lbs | List price $86.00
About: Well-functioning contract law is a crucial prerequisite for economic development.
Book cover for 9781509907434
The price comparison is for this edition
from Hart Pub (October 13, 2016)
9781509907434 | details & prices | 270 pages | List price $42.00
About: Now available in paperback.

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