Contractual Governance and Sectoral Fragmentation of Transnational Commercial Law

in Claire Cutler & Thomas Dietz (eds), The Politics of Private Transnational Governance by Contract 195-214 (Routledge 2017)

22 Pages Posted: 30 Apr 2018

See all articles by Joshua Karton

Joshua Karton

Queen's University Faculty of Law; National Taiwan University - College of Law

Date Written: 2017

Abstract

Even as contract law globalizes, it is splitting along industry lines, so that disputes arising in different industry sectors are decided according to industry-specific rules rather than generally-applicable contract law principles—a phenomenon this chapter describes as “sectoral fragmentation”. Sectoral fragmentation is explained as aspect of functional differentiation in globalized commercial society: as state governance declines in importance compared with contractual and other forms of private governance, the borderless and sector-specific structure of commercial communities is recapitulated in formal contract law. The chapter reviews the causes, mechanisms, and consequences of a sectorally fragmented transnational contract law.

Keywords: transnational law, transnational legal theory, contract law, comparative law

Suggested Citation

Karton, Joshua, Contractual Governance and Sectoral Fragmentation of Transnational Commercial Law (2017). in Claire Cutler & Thomas Dietz (eds), The Politics of Private Transnational Governance by Contract 195-214 (Routledge 2017). Available at SSRN: https://ssrn.com/abstract=3161213

Joshua Karton (Contact Author)

Queen's University Faculty of Law ( email )

Macdonald Hall
128 Union St.
Kingston, Ontario K7L3N6
Canada

National Taiwan University - College of Law ( email )

No.1, Sec.4, Roosevelt Road
Taipei, 10617, 10617
Taiwan

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