Global order beyond law : how information and communication technologies facilitate relational contracting in international trade

Resource Information

The work Global order beyond law : how information and communication technologies facilitate relational contracting in international trade represents a distinct intellectual or artistic creation found in European University Institute Library. This resource is a combination of several types including: Work, Language Material, Books.

Label

Global order beyond law : how information and communication technologies facilitate relational contracting in international trade

Title remainder

how information and communication technologies facilitate relational contracting in international trade

Statement of responsibility

Thomas Dietz

Creator

• Dietz, Thomas, (Professor for Politics and Law)

Subject

• Contracts (International law)
• Foreign trade regulation

Language

eng

Summary

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.--

Member of

• International studies in the theory of private law, 11

Assigning source

Provided by Publisher

Cataloging source

CDX

Dewey number

343.1

Illustrations

illustrations

Index

index present

Literary form

non fiction

Nature of contents

bibliography

Series statement

International studies in the theory of private law

Series volume

volume 11