Transformations of Commercial Law: New Forms of Legal Certainty for Globalized Exchange Processes?

Calliess, Gralf-Peter; Dietz, Thomas; Konradi, Wioletta; Nieswandt, Holger; Sosa, Fabian

doi:10.1057/9780230590861_5

Cited by 12 publications

(4 citation statements)

References 26 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…63 Richerson and Boyd for their part reach the conclusion that "social innovations that make larger-scale society possible, but at the same time effectively simulate life in a tribal-scale society, will tend to spread". 64 Again, insofar as Calliess and his co-authors quite plausibly stress that "the competitive capacity of private and public governance mechanisms is decisive for the evolution of the institutional mix", 65 evolutionarily informed research projects like the ones I mentioned could be vital in filling in parts of the "competitive capacity" aspect of their hypothesis with regard to certain types of what could be referred to as "internationalized communities".…”

Section: G E R M a N L A W J O U R N A Lmentioning

confidence: 99%

“…And it has been pointed out repeatedly that such an answer excludes reference being made to already existing and (more or less) functioning institutions like states. 59 Now if we follow Calliess and his co-authors in their claim that "generally the bundling of a plurality of trilateral governance mechanisms such as private norms, arbitration and social sanctions into effective private governance regimes (…) or private legal systems (…) is essential in order to get anywhere in terms of production of legal certainty", 60…”

Section: Privatization Of Civil Law and Legal Certaintymentioning

confidence: 99%

See 1 more Smart Citation

Dual Inheritance Theory, Contract Law, and Institutional Change – Towards the Co-evolution of Behavior and Institutions*

Laing¹

2008

Ger. law j.

View full text Add to dashboard Cite

The various contributions to this theme issue are likely to have at least two (non-trivial) things in common. First, they aim to contribute to a research project on “Legal certainty for globalized exchange processes” and to the latter's attempts to explain the observed transformation “towards the transnationalization of commercial law, which is understood as a combination of the internationalization and privatization of the responsibility of the state for the production of the normative good of legal certainty for global commerce”. Secondly, they aim to fulfill this task by making use of “evolutionary theory” or, as it was again expressed in the original conference announcement, by dealing with “a theoretical perspective that gives some substance to the meaning of the term “evolution” with regard to law, social organization, and the state”. Since, as I will try to explain shortly, my own particular take on this – it would appear – relatively small set of commonalities involves more specifically the use of contemporary evolutionary approaches to human behavior. I must admit to having been surprised that no one else seemed to have much use for these approaches in their respective takes on the problems that united us in the conference from which this contribution stems. After all, what better use to make of a theory originating from biology than to elucidate the biological underpinnings of our behavior and its underlying psychological mechanisms as they relate to law and legally relevant phenomena? Perhaps some of the reasons for these at first sight, striking differences in opinion on which “evolutionary theory” to make use of, or what meaning to impinge upon the term “evolution” will become clearer in the pages that follow, offering ways in which eventually to combine them. Or perhaps the two things we had in common when we started out will be all there is left to look at in the end.

show abstract

Section: G E R M a N L A W J O U R N A Lmentioning

confidence: 99%

Section: Privatization Of Civil Law and Legal Certaintymentioning

confidence: 99%

Dual Inheritance Theory, Contract Law, and Institutional Change – Towards the Co-evolution of Behavior and Institutions*

Laing¹

2008

Ger. law j.

View full text Add to dashboard Cite

show abstract

Section: Introductionmentioning

confidence: 99%

“…In the theory of transnational law, private arbitration courts play an important role. They apply those norms that emerged autonomously in the social context of the global mercantile community and gradually specify, through their judgments, the legal framework of cross-border transactions (Berger 2000; Berman 1995; Calliess et al 2007). Finally, the community of market participants safeguards the enforcement of arbitration judgments with the help of reputation (Streit and Mangels 1996, 88), so that the enforcement of law by third parties functions on the basis of private arrangements without the use of state coercive power.…”

Section: Introductionmentioning

confidence: 99%

Contract Law, Relational Contracts, and Reputational Networks in International Trade: An Empirical Investigation into Cross-Border Contracts in the Software Industry

Dietz¹

2012

Law soc. inq.

Self Cite

View full text Add to dashboard Cite

The following case study investigates the contract enforcement institutions that enable German customers to purchase software in Asia and Eastern Europe. The case study shows that nation‐states are hardly able to generate a legal “shadow” for cross‐border business relations. The same holds true for the so‐called New Lex Mercatoria. Instead, economic actors create their own informal mechanisms. Relational contracts and reputational networks are nowadays far more effective due to developments in the field of information and communication technology. Overall, the importance of formal contract law in international trade is even smaller than is assumed by the classic theory of relational contracts.

show abstract

Regulating Global Corporate Capitalism

Lundan¹

2013

The Handbook of Global Companies

View full text Add to dashboard Cite

Transformations of Commercial Law: New Forms of Legal Certainty for Globalized Exchange Processes?

Cited by 12 publications

References 26 publications

Dual Inheritance Theory, Contract Law, and Institutional Change – Towards the Co-evolution of Behavior and Institutions*

Dual Inheritance Theory, Contract Law, and Institutional Change – Towards the Co-evolution of Behavior and Institutions*

Contract Law, Relational Contracts, and Reputational Networks in International Trade: An Empirical Investigation into Cross-Border Contracts in the Software Industry

Regulating Global Corporate Capitalism

Contact Info

Product

Resources

About