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Between Interests and Law - The Politics of Transnational Commercial Disputes (Hardcover)
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Between Interests and Law - The Politics of Transnational Commercial Disputes (Hardcover)
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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.
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