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Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today's globalised markets. The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts. Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union's supranational enforcement order is, in practice, insignificant. Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures. This book explains how complex exchange in global markets has emerged in the absence of a global legal order
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Export sales contracts --- Contracts (international law) --- Business & economics --- Law
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"With the ever-increasing interconnection between markets, businesses and individuals from all over the globe, professionals are asked to develop a greater interest in the international implications of contracts. This book focuses attention on the distribution agreement, one of the most widely used contractual schemes in the practice of international exchanges, providing a analysis and information on the issues that should be considered by the practitioner when drafting, interpreting or executing an international agreement. Issues relating to the choice of the governing law, the competent court, the validity or invalidity of some clauses, the impact that the language of the contract may have, as well as the different meaning and scope of application of some principles, such as good faith and le estoppel, are analyzed from a transnational perspective, highlighting how the same issue can be regulated differently depending on the regulatory framework that governs it. In this second edition, the distribution relationship has been evaluated mainly across the legal systems of the European Union, the United States and Latin America, while not missing references to other regulatory frameworks, which are highlighted in correspondence with particular issues"--
Distributors (Commerce) --- Commercial agents --- Agency (Law) --- Contracts (International law) --- Legal status, laws, etc.
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This study proposes a theory of international arbitration culture, tests this theory against real-world outcomes, and uses it to make predictions about the contract law principles that international arbitrators are likely to favour. Drawing on interviews with prestigious practitioners from a range of jurisdictions, as well as published arbitral awards, the writings of international arbitrators, and available statistical data on international arbitration, it presents a comparativeanalysis of arbitral and judicial responses to contract law issues.Part I develops a theory of arbitral decision-mak
Contracts (International law) --- International commercial arbitration --- Decision making. --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- Arbitration and award --- Conflict of laws --- Contracts and peace treaties --- Peace treaties and contracts --- International and municipal law --- Law and legislation --- Arbitrage (droit international privé)
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Contracts (International law) --- Good faith (International law) --- Contracts. --- Agreements --- Contract law --- Contracts --- Contractual limitations --- Limitations, Contractual --- Commercial law --- Legal instruments --- Obligations (Law) --- Juristic acts --- Liberty of contract --- Third parties (Law) --- International law --- Contracts and peace treaties --- Peace treaties and contracts --- International and municipal law --- Law and legislation
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"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
Investments, Foreign (International law) --- Investments, Foreign --- International commercial arbitration. --- Contracts (International law) --- Law and legislation. --- Interpretation and construction. --- International investment law --- Investment law, International --- International law --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Contracts and peace treaties --- Peace treaties and contracts --- International and municipal law --- Law and legislation --- Law
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Features an analysis of the main clauses present in international contracts. This book offers an image or what the drafting of an international contract is or should be in the 21st century. It includes abundant quotations of actual clauses, with critical assessments. It helps understand how international contracts are drafted in practice.
Contracts (International law) --- Clauses (Law) --- Conflict of laws --- Contracts. --- -346.02 --- Nf1 --- Contracts and peace treaties --- Peace treaties and contracts --- Choice of law --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Contracts --- Civil law --- Contrats (Droit international) --- Clauses (Droit) --- Contrats (Droit international privé) --- 346.02 --- Constitutional law --- Deeds --- Legal composition --- Legal instruments --- Statutes --- Treaties --- Wills --- International and municipal law --- Conflict of laws - Contracts.
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The UNIDROIT Convention on International Interests in Mobile Equipment created a new international regime of secured finance applicable to aircraft and rolling stock that facilitates the financing of this equipment by, among other things, enabling lenders to create a readily enforceable security interest in the equipment. The Space Assets Protocol extends the benefits of the convention to satellites and other space assets. This book explains the operation of the convention in a manner that is useful both to lawyers engaged in satellite finance as well as to academics who desire to obtain a more complete understanding of this treaty. The book also explores the relationship between the convention and the existing body of space law.
Aeronautics --- Space law. --- Artificial satellites in telecommunication --- Contracts (International law) --- Contracts and peace treaties --- Peace treaties and contracts --- International and municipal law --- Communication satellites --- Communications-relay satellites --- Communications satellites --- Global satellite communications systems --- Satellite communication systems --- Telecommunication satellites --- Telecommunications satellites --- Telstar satellites --- Telecommunication --- Aerospace law --- Astronautics --- Space flight --- International law --- Equipment and supplies. --- Finance. --- Law and legislation --- Convention on International Interests in Mobile Equipment --- Cape Town Convention --- Space law --- Equipment and supplies --- Finance --- Aeronautics - Equipment and supplies --- Artificial satellites in telecommunication - Finance
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Law --- General and Others --- Investments, Foreign --- Investments, Foreign (International law) --- International commercial arbitration --- Contracts (International law) --- International trade --- International commercial arbitration. --- International trade. --- Investments, Foreign. --- Periodicals --- Capital exports --- Capital imports --- FDI (Foreign direct investment) --- Foreign direct investment --- Foreign investment --- Foreign investments --- International investment --- Offshore investments --- Outward investments --- External trade --- Foreign commerce --- Foreign trade --- Global commerce --- Global trade --- Trade, International --- World trade --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- Contracts and peace treaties --- Peace treaties and contracts --- Law and legislation --- International law --- Capital movements --- Investments --- Commerce --- International economic relations --- Non-traded goods --- Arbitration and award --- Conflict of laws --- International and municipal law --- Finance --- International investment law --- Investment law, International
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This book addresses a question of importance for both theory and practice: Why are joint venture agreements preferred over other types of agreements such as concession agreements, service contracts, and production sharing agreements in the Qatari gas industry? On a theoretical level, the author analyses this decision-making process by developing an approach that integrates a micro-level analysis, more specifically within international oil companies, with a macro-level analysis that spring from the organisational culture of the Qatari gas industry. At the micro level, the author proposes John Dunning’s eclectic paradigm (as one set of theoretical ideas) to explaining one element of the decision-making process leading to the preference for joint venture agreements, that is, that of international oil companies. At the macro-level, the author proposes Antony Giddens’ structuration theory (as another set of theoretical ideas) to explaining another part of this decision-making process, that is, how it is being shaped by the organisational culture of the Qatari gas industry. On an empirical level, the proposed book applies a combination of a micro-economic approach such as Dunning’s eclectic paradigm with a macro-sociological approach such as Giddens’ structuration theory by empirical investigation. Grounded on a qualitative strategy that focuses on the meaning-making which brings together different perspectives of this decision-making process including those of international oil companies and the organisational culture of the Qatari gas industry, the proposed book utilises a case study design, named the case of the Qatari gas industry. The author employs a triangulation of data collection techniques to access empirical data: analysing official documents and semi-structured interviews (a sample of the interview questions are included in an appendix to the proposed books). In line with the qualitative nature of this proposed book, a thematic Analysis is adopted to interpret data based on Dunning’s eclectic paradigm at the micro level and Giddens’ structuration theory at the macro level. In doing so, this book connects theory with practice by investigating the preference for joint venture agreements in the case of the Qatari industry by the combined application of one of the most effective frameworks for explaining foreign direct investment, named Dunning’s eclectic paradigm along with the most complex sociological framework that offers a rich definition of organisational culture, named Giddens’ structuration theory. Audience could include academics, professionals, and graduate and senior undergraduate students.
Contracts (International law) --- Contracts and peace treaties --- Peace treaties and contracts --- International and municipal law --- Social sciences-Philosophy. --- Organization. --- Natural resources. --- Fossil Fuels (incl. Carbon Capture). --- Energy Policy, Economics and Management. --- Social Theory. --- Natural Resource and Energy Economics. --- National resources --- Natural resources --- Resources, Natural --- Resource-based communities --- Resource curse --- Organisation --- Management --- Economic aspects --- Fossil fuels. --- Energy policy. --- Energy and state. --- Social sciences—Philosophy. --- Planning. --- Creation (Literary, artistic, etc.) --- Executive ability --- Organization --- Energy and state --- Power resources --- State and energy --- Industrial policy --- Energy conservation --- Fossil energy --- Fuel --- Energy minerals --- Government policy
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