
Rules and Networks
Description
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Since most explanations are dominated by North American and European legal scholarship and practice, a second concern of this book is to open up the discussion to competing explanatory frameworks. Specifically, it develops the notion that global legal convergence may not be the immediate, inevitable result of increased global economic interaction. Rather, less formal mechanisms for achieving normative understanding and predictability in business dealings may also flourish.
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Persons
William Felstiner is Distinguished Research Professor of Law at Cardiff University.
Volkmar Gessner is Professor of Sociology of Law and Comparative Law at the University of Bremen.
Content
- Half title page
- Half title verso
- Title page
- Title verso
- Series Editor's Foreword
- Preface
- Contents
- List of Contributors
- Introduction: The Legal Culture of Global Business Transactions
- Part One. The New Global Environment of Business Transactions
- 1. Sovereignty and Law in a Denationalised World
- Statehood in the National Constellation
- Challenges of and Responses to Denationalisation
- The New Architecture of Statehood
- Law Beyond the Nation-State
- References
- 2. The Institutional Structuring of Business Transactions
- The Management of Uncertainty in Business Transactions
- Institutional Features Affecting Inter-Firm Relationships
- Institutional Features, Business Environments and the Management of Business Transactions
- The Management of International Business Transactions
- References
- Part Two. The Role of Legal Rules: State Law and Unified Law
- 3. Global Law in Our High Speed Economy
- Lon Fuller - Theorist of Globalisation?
- High-Speed Dispute Resolution in a High-Speed Economy
- Conclusions
- References
- 4. Traditional Private and Commercial Law Rules under the Pressure of Global Transactions: The Role for an International Order
- The Legal Approach
- Rise of Global Transactions
- Types of Global Transactions
- The Changing Role of the Nation-State
- Internationalisation and Uniformity
- The Strategies of Private Parties
- Conclusion
- References
- Part Three. The Role of Autonomous Rules: The New Lex Mercatoria and Self-Regulation
- 5. Lex Mercatoria (New Law Merchant): Globalisation and International Self-regulation
- The Lex Mercatoria Approach to Globalisation
- Analysis of the Lex Mercatoria Approach to Globalisation
- Legitimacy of the Lex Mercatoria Approach to Globalisation
- Assessment and Conclusion
- References
- 6. Lex Mercatoria - Critical Comments on a Tricky Topic
- The Lex Mercatoria as a New Conflict-of-Law Theory
- A Field of Study of Arbital Awards
- Validity and Enforceability of Such Awards is Not a Problem
- Consequences
- Conclusions
- References
- 7. Global Markets, New Games, New Rules: The Challenge of International Private Governance
- Introduction: The Limits of Metaphors in Public Policy
- The Emergence of Rules and Institutions Among Rational Actors
- Beyond Game Theory: The Social Foundations of Economic Action
- Private Governance and the Provision of Public Goods
- Public Information, Institutions and Social Embeddedness
- Conclusion
- References
- Part Four. The Role of the Legal Profession: Mega-Lawyers and In-house Counsel
- 8. Capital Markets: Those Who Can and Cannot Do the Purest Global Law Markets
- Part 1: Capital Markets Business
- Par 2: Multidisciplinary Partnerships
- Part 3: Bringing it Together
- References
- 9. The Role of Global Law Firms in Constructing or Obstructing a Transitional Regime of Labour Law
- The Role of Lawyers in Labour Law
- Labour Lawyers in the Global Economy: An Empirical Study
- The Effects of Globalisation on National Labour Law
- The Effects of Globalisation on Labour Lawyers
- Conclusion
- References
- 10. Oil Lawyers and the Globalisation of the Venezuelan Oil Industry
- The Oil Business in Venezuela
- Legal Services for the Oil Businesses
- The Career of Oil Lawyers
- Conflict Prevention and Apertura
- Conflict and Litigation
- Conclusions
- References
- Part Five. The Role of Business Networks: Relationism and Guanxi
- 11. Social Logic as Business Logic: Guanxi, Trustworthiness, and the Embeddedness of Chinese Business Practices
- A Three-Dimensional View of Guanxi
- The Intermediate Logic of Guanxi
- Guanxi and Business Transactions
- The Institutional Context of Interim Networks
- Conclusion: The Chinese Way of Doing Business in a Global Economy
- References
- 12. Coasean Foundations of a Unified Theory of Western and Chinese Contractual Practices and Economic Organisations
- Introduction
- Coase's Theory of the Firm (1937)
- Landa's Theory of Contract Law (1976)
- Landa's (1981) Theory of the Ethnically Homogenous Chinese Middleman Group (EHMG)/Ethnic Trading Groups
- Theory of EHMG: Links with the "Markets-Hierarchies", "Embeddedness/Social Networks" Research Programmes
- Implications of a Theory of EHMG for Formulating some (Testable) Hypotheses
- References
- 13. Understanding Chinese Legal and Business Norms: A Comment on Janet Tai Landa's Chapter
- Introduction
- Tai Landa's Theory of Contract Law and the Logic of the Ethnically Homogenous Middleman Group (EHMG)
- Evaluating and Re-Evaluating China's Commercial Tradition and Law
- Law (+ Social Norms) As "Rules of the Game
- Property, Politics and the Prerequisites of "Spontaneous" Norms
- Conclusion
- References
- 14. A Brief Note on Guanxi
- Promises and Problems
- The Limitations of a Rational-Instrumentalist Analysis of Trust-Based Transaction
- Guanxi and Chinese Business Behaviour
- Conclusion: What Guanxi is not about
- References
- 15. Responding to Comments by John K. M. Ohnesorge and Tai-lok Lui
- Response to Lui's Comments
- References
- 16. Settling Business Disputes with China
- Twenty Years of Legal Progress in China
- Negotiating Means of Dispute Resolution
- Actual Dispute Resolution
- Concluding Thoughts
- References
- Index
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