Global order beyond law : how information and communication technologies facilitate relational contracting in international trade
tarafından
 
Dietz, Thomas, (Professor for Politics and Law) author

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

Yazar
Dietz, Thomas, (Professor for Politics and Law) author

ISBN
9781849465403

Yazar Ek Girişi
Dietz, Thomas, (Professor for Politics and Law) author

Fiziksel Tanımlama
xviii, 252 pages : illustrations ; 24 cm.

Seri
International studies in the theory of private law ; volume 11.

Genel Not
Includes index.

İçerik
Introduction -- Contract enforcement institutions -- State-enforced contract law and the development of modern market economies -- Does globalisation lead to a decline of state contract law? -- Research design -- Scenario 1 : how German companies enforce contracts when buying software products in Asia and Eastern Europe -- How Bulgarian and Romanian firms enforce contracts when selling software products to OECD countries -- How Indian firms enforce contracts when selling software products to OECD countries -- How contracts between German buyers and suppliers from Bulgaria and Romania are enforced after Bulgaria and Romania entered the EU -- Overall results -- Economic globalisation and the decline of state contract law -- The limits of international commercial arbitration -- ICT and the rise of informal contract enforcement institutions in global markets.

Özet
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

Konu Başlığı
Foreign trade regulation.
 
Dış ticaret mevzuatı.
 
Contracts (International law).
 
Sözleşmeler (Uluslararası hukuk).


LibraryMateryal TürüDemirbaşYer NumarasıDurumu / Lokasyon / İade Tarihi
Ekonomi KütüphanesiKitapEKOBKN0002176382.026 DIE 2014Merkez Kütüphane Genel Koleksiyon