Showing 1 - 10 of 11
Commerce always requires an institutional embedment. Basically, private Institutions as well as state institutions can provide the normative good of legal certainty understood as the enforceability of contractual commitments. While for domestic commerce, the balance between the importance of...
Persistent link: https://www.econbiz.de/10010735753
While intra-firm trade accounts for at least one third of world exports, we know very little about the institutions which are employed to resolve intra-firm trade conflicts. According to Oliver Williamson, courts are not accessible and conflicts resulting from intra-firm trade are resolved by...
Persistent link: https://www.econbiz.de/10010904550
Lex mercatoria or Law Merchant (‘LM’) is said to be the self-made law of international commerce. According to its proponents, LM is an autonomous legal order that not only supplements state commercial law, but works as a substitute for it. The ‘ancient’ LM, which accompanied the...
Persistent link: https://www.econbiz.de/10011266015
This paper elaborates on a fundamental transformation of maritime law. On the basis of statistics it is argued that the London Maritime Arbitration Association (LMAA) has become the dominant provider on the global market for dispute resolution in the maritime industry, but currently is...
Persistent link: https://www.econbiz.de/10012970917
While intra-firm trade accounts for at least one third of world exports, we know very little about the institutions which are employed to resolve intra-firm trade conflicts. According to Oliver Williamson, courts are not accessible and conflicts resulting from intra-firm trade are resolved by...
Persistent link: https://www.econbiz.de/10013007880
The global legal system consists of a multitude of legal regimes of various origin, thus constituting a regulatory framework which is significantly different from the one of a nation state. In the absence of a world state, international and supranational law regimes, various domestic legal...
Persistent link: https://www.econbiz.de/10013001142
Lex mercatoria or Law Merchant (‘LM') is said to be the self-made law of international commerce. According to its proponents, LM is an autonomous legal order that not only supplements state commercial law, but works as a substitute for it. The ‘ancient' LM, which accompanied the commercial...
Persistent link: https://www.econbiz.de/10012904326
Commerce always requires an institutional embedment. Basically, private Institutions as well as state institutions can provide the normative good of legal certainty understood as the enforceability of contractual commitments. While for domestic commerce, the balance between the importance of...
Persistent link: https://www.econbiz.de/10014163527
In this paper we criticize the so-called 'more economic approach' to European competition law for its disregard of the importance of a functional system of private law. The more economic approach presumes that vertical integration is an economically efficient governance-mechanism. This...
Persistent link: https://www.econbiz.de/10013071116
This paper explores the theory of transnational law. It is proposed that transnational civil regimes transcend the public-private distinction both in the substantive (private vs public law) and the procedural (public vs private regulators) dimensions. A toolbox of twelve generic governance...
Persistent link: https://www.econbiz.de/10013141680