UID:
almafu_9959660706802883
Format:
1 online resource (xiv, 415 pages) :
,
digital, PDF file(s).
ISBN:
1-316-02858-5
,
1-316-47721-5
,
1-316-02810-0
,
1-316-03003-2
,
1-316-02955-7
,
1-316-03195-0
,
1-316-03099-7
,
1-316-01783-4
Content:
We could not have a global economy without a system to resolve commercial disputes across borders, but the international regime that performs this key role bears little resemblance to other institutions underpinning the global economy. A hybrid of private arbitral institutions, international treaties, and domestic laws and courts, the regime for commercial dispute resolution shows that effective transborder institutions can take a variety of forms. This book offers the first comprehensive social scientific account of this surprisingly effective regime. It maps and explains its evolution since the Industrial Revolution, both at the global level and in the United States, Argentina, and China. The book shows how both political economy approaches and socio-legal theories have shaped institutional outcomes. While economic interests have been the chief determinants, legal processes have played a key role in shaping the form institutions take. The regime for commercial dispute resolution therefore remains between interests and law.
Note:
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
,
Cover; Half title; Title; Copyright; Dedication; Contents; List of figures; List of tables; Acknowledgments; 1 Introduction; 1.1 Dispute resolution as a laboratory for shifts in global governance; 1.2 Law and politics; 1.3 The question: institutional variation in transborder commercial dispute resolution; 1.4 The argument: market power, legal networks, and their interaction; 1.5 Research design and overview; 1.6 Relation to existing work; 2 The past and present regime for transborder commercial disputes; 2.1 Introduction
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2.2 A historical sketch of institutions for cross-border commercial dispute resolution2.3 The contemporary system of transnational commercial arbitration and other dispute settlement institutions; 2.4 The role of commercial arbitration in the global economy; 3 Institutions between interests and law; 3.1 Introduction; 3.2 Conceptualizing the dependent variable(s): supply and demand; 3.3 Market power; 3.4 Legal networks; 3.5 The interplay of law and politics; 3.6 Summary of hypotheses and observable implications; 4 The intergovernmental regime: from interests to law over a century
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4.1 Introduction4.2 The Geneva treaties of the 1920s; 4.3 The New York Convention of 1958; 4.4 Conclusion: the evolution from interests to law; 5 The United States; 5.1 Introduction; 5.2 The colonial period: internalizing ""foreign"" trade through empire; 5.3 Economic takeoff and the creation of the hybrid system, 1860-1930; 5.4 Postwar shift: the dominance of law, within bounds; 5.5 Conclusion: the convergence of interests and law; 6 Argentina; 6.1 Introduction; 6.2 The colonial legacy: a hybrid medieval system; 6.3 Independence and state building: the assertion of law and public authority
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6.4 The Golden Age: economic miracle brings a return to private authority6.5 The Depression, state intervention, and Peronism; 6.6 Postwar: state intervention under partisan conflict; 6.7 Democracy, the neoliberal turn, and its limits; 6.8 Conclusion: a private alternative to the public rule of law; 7 China; 7.1 Introduction; 7.2 The century of humiliation: dispute resolution in treaty ports; 7.3 The Mao era: private institutions in the party-state; 7.4 The reform period: instrumental isomorphism; 7.5 Conclusion: private institutions for public purposes
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8 Conclusion: findings and implications8.1 Findings across cases; 8.2 A bounded evolution from interests to law; 8.3 Implications for transborder commercial dispute resolution; 8.4 Implications for the study of institutional diversity in global governance; 8.5 Implications for managing interdependence; Bibliography; Index
Additional Edition:
ISBN 1-107-44435-7
Additional Edition:
ISBN 1-107-08362-1
Language:
English
URL:
https://doi.org/10.1017/CBO9781316017838
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