Between Interests and Law : the Politics of Transnational Commercial Disputes /
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 treatie...
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| Format: | Electronic eBook |
| Language: | English |
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Cambridge, United Kingdom :
Cambridge University Press,
2015.
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| Online Access: | CONNECT |
Table of Contents:
- 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.
- 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.
- 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.
- 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.
- 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.
