Contractual Certainty in International Trade

Empirical Studies and Theoretical Debates on Institutional Support for Global Economic Exchanges

Volkmar Gessner (Redaktør)

Global business interacts efficiently despite the heterogeneity of social, economic and legal cultures which, according to widespread assumptions, cause insecurities and uncertainties. Breaches of contracts may occur more frequently and business relationships may be terminated more often in international than in domestic trade. Les mer
Vår pris
1181,-

(Innbundet) Fri frakt!
Leveringstid: Sendes innen 21 dager

Innbundet
Legg i
Innbundet
Legg i
Vår pris: 1181,-

(Innbundet) Fri frakt!
Leveringstid: Sendes innen 21 dager

Om boka

Global business interacts efficiently despite the heterogeneity of social, economic and legal cultures which, according to widespread assumptions, cause insecurities and uncertainties. Breaches of contracts may occur more frequently and business relationships may be terminated more often in international than in domestic trade. But most business people engaged in exporting or importing products or services seem to operate in a sufficiently predictable environment allowing successful ventures into the global market. The apparent paradox presented by cultural/institutional diversity and contractual efficiency in cross-border business transactions is the focus of this volume of essays.
The wide range of approaches adopted by contributors to the volume include: the Weberian concept of law as a tool for avoiding the risk of opportunism; economic sociology, which treats networks and relationships between contractual parties as paramount; representatives of new institutional economics who discuss law as well as private governance institutions as most efficient responses to risk; comparative economic sociologists who point to the varieties of legal cultures in the social organisation of trust; and national and international institutions such as the World Bank which try to promote legal certainty in the economy. The purpose of the volume is to build on this interdisciplinary exercise by adding empirical evidence to ongoing debates regarding enabling structures for international business, and by critically reviewing and discussing some of the propositions in the literature which contain interesting hypotheses on the effects of the internationalization of markets on market co-ordination institutions and on the role of the state in the globalising economy.

Fakta

Innholdsfortegnelse








































































































Prefacevii




List of Contributors

xi




Part I: Introduction

1(28)




Towards a Theoretical Framework for Contractual Certainty in Global Trade

3(26)




Volkmar Gessner





Part II: Empirical Studies

29(144)




Ethnic Networks, Extra-legal Certainty and Globalisation: Peering into the Diamond Industry

31(18)




Barak D Richman





The Role of Lex Mercatoria in Supporting Globalised Transactions: An Empirical Insight into the Governance Structure of the Timber Industry

49(38)




Wioletta Konradi





The Emergence of Transnational Cooperation in the Software Industry

87(20)




Thomas Dietz





Holger Nieswandt





Cross-Border Dispute Resolution from the Perspective of Mid-sized Law Firms: The Example of International Commercial Arbitration

107(50)




Fabian P Sosa





Structuring Transactions: The Case of Real Estate Finance

157(16)




John Flood





Eleni Skordaki





Part III: Debates and New Approaches

173(170)




Theories of Change---The Governance of Business Transactions in Globalising Economies

175(40)




Volkmar Gessner





Transnational Civil Regimes: Economic Globalisation and the Evolution of Commercial Law

215(24)




Gralf-Peter Calliess





The Public and the Private in the Provision of Law for Global Transactions

239(18)




Gillian K Hadfield





Institutional Designs in International Transactions---an Evolutionary Economics Perspective

257(32)




Jorg Freiling





Global Trade: Changes in the Conceptualisation of Legal Certainty?

289(24)




Barbel R Dorbeck-Jung





Contractual Certainty versus Efficiency: The Historical and Institutional Context of Global Trade

313(30)




Wolf Heydebrand

Index343

Om forfatteren

Volkmar Gessner is Professor of Sociology of Law and Comparative Law at the Law Faculty and Head of Department at the University of Bremen, Germany.