000 02280nam a2200229 i 4500
005 20220507171710.0
008 141114t2014 enka b 001 0 eng c
020 _a9781474202008
040 _aMAIN
100 1 _aDietz, Thomas
245 1 0 _aGlobal order beyond law :
_bhow information and communication technologies facilitate relational contracting in international trade
_h[electronic resource] /
_cby Thomas Dietz.
300 _a1 online resource (xviii, 252 pages) :
_billustrations.
500 _aBloomsbury Pub Ebook
504 _aIncludes bibliographical references (pages 237-246) and index.
520 8 _aWell-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
650 0 _aContracts (International law)
650 0 _aForeign trade regulation.
650 7 _aContracts (International law)
650 7 _aForeign trade regulation.
856 4 0 _uhttps://doi.org/10.5040/9781474202008?locatt=label:secondary_bloomsburyCollections
942 _cEBK
999 _c17485
_d17485