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

CONTRACTUAL CERTAINTY IN INTERNATIONAL TRADE. EMPIRICAL STUDIES AND THEORETICAL DEBATES ON INSTITUTIONAL SUPPORT FOR GLOBAL ECONOMIC EXCHANGES, p. 215-238, V. Gessner, ed., Hart Publishing, 2009

24 Pages Posted: 28 Jun 2010

Date Written: March 1, 2008

Abstract

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 mechanisms is introduced, which in the institutional organization of cross-border commerce are recombined into effective regimes. It is suggested that the resulting institutional innovations cannot appropriately be described by traditional concepts of the relation of state law and private ordering (delegation, deference, and incorporation), but should rightly be perceived as a ‘legal mutation.’

Keywords: Private Ordering, Private Governance, Transnational Law, New Law Merchant

JEL Classification: K12, K33, L14

Suggested Citation

Calliess, Gralf-Peter, Transnational Civil Regimes: Economic Globalisation and the Evolution of Commercial Law (March 1, 2008). CONTRACTUAL CERTAINTY IN INTERNATIONAL TRADE. EMPIRICAL STUDIES AND THEORETICAL DEBATES ON INSTITUTIONAL SUPPORT FOR GLOBAL ECONOMIC EXCHANGES, p. 215-238, V. Gessner, ed., Hart Publishing, 2009. Available at SSRN: https://ssrn.com/abstract=1631745 or http://dx.doi.org/10.2139/ssrn.1631745

Gralf-Peter Calliess (Contact Author)

University of Bremen - Faculty of Law ( email )

Universitaet Bremen
Fachbereich Rechtswissenschaft
D - 28353 Bremen
Germany
+49-421-218-66207 (Phone)
+49-421-218-66212 (Fax)

HOME PAGE: http://www.handelsrecht.uni-bremen.de/

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