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Contractual Knowledge

Details

  • 3 b/w illus. 9 tables
  • Page extent: 432 pages
  • Size: 228 x 152 mm
  • Weight: 0.74 kg

Hardback

 (ISBN-13: 9781107130913)

Contractual Knowledge: One Hundred Years of Legal Experimentation in Global Markets, edited by Grégoire Mallard and Jérôme Sgard, extends the scholarship of law and globalization in two important directions. First, it provides a unique genealogy of global economic governance by explaining the transition from English law to one where global exchanges are primarily governed by international, multilateral, and finally, transnational legal orders. Second, rather than focusing on macro-political organizations, like the League of Nations or the International Monetary Fund, the book examines elements of contracts, including how and by whom they were designed and exactly who (experts, courts, arbitrators, and international organizations) interpreted, upheld, and established the legal validity of these contracts. By exploring such micro-level aspects of market exchanges, this collection unveils the contractual knowledge that led to the globalization of markets over the last century.

• Proposes a new view of globalization centered on the role of international private law • Offers a much-needed historical and comparative perspective on recent financial crises • Examines international market governance on multiple levels, from governments to private lobbies and extra-territorial courts

Contents

1. Contractual knowledge: one hundred years of legal experimentation in global markets Grégoire Mallard and Jérôme Sgard; Part I. Writing Sovereign Debt Obligations: The Evolution of Contractual Provisions: 2. Financial markets, international organizations, and conditional lending: a long-term perspective Juan H. Florès; 3. When governments write contracts: policy and expertise in sovereign debt markets W. Mark C. Weidemaier, Mitu Gulati and Anna Gelpern; 4. Market rules: social conventions, legal fictions, and the organization of sovereign debt markets in the long twentieth century Stephen C. Nelson; Part II. Consolidating International Organizations: The Mobilization of Social Capital and the Standardization of Interpretive Processes: 5. A tale of three cities: the construction of international commercial arbitration Jérôme Sgard; 6. Constructing a transatlantic marketplace of disputes: on the symbolic foundations of international justice Yves Dezalay and Bryant G. Garth; 7. The duty to repair in practice: the hundred years history of a legal concept Ariel Colonomos and Grégoire Mallard; 8. The changing ideas about valuation mechanisms in the interwar period: Toeplitz, Marlio and the 'great transformation' Marco Bertilorenzi and Giuseppe Telesca; Part III. Structuring Fields: Market Dominance, Complementarity, and Differentiation in Complex Institutional Ecologies: 9. The rise and fall of trade and monetary legal orders: from the interwar period to today's global imbalances Gregory Shaffer and Michael Waibel; 10. Credit ratings and global economic governance: non-price valuation in financial markets Bruce G. Carruthers; 11. Contracts and private law in the emerging ecology of international lawmaking Susan Block-Lieb and Terence Halliday.

Reviews

'Getting global markets right means looking seriously at what Justice Holmes once famously called 'the operations of the law' - and this book does that beautifully.' Fabian Muniesa, Ecole des Mines de Paris and author of The Provoked Economy

'This book illuminates a key but overlooked facet of the making of globalization: the power that lawyers, and the international private law they make, hold in shaping contractual expectations, fulfillments and failures.' Nitsan Chorev, Harmon Family Professor of Sociology and International Studies, Brown University and author of Remaking US Trade Policy: From Protectionism to Globalization

'Assembling outstanding contributions from world-class scholars, Contractual Knowledge offers a unique contribution to our understanding of the chaotic history of the present international legal order.' Joseph Nathan Cohen, City University of New York, Queens College

'Overall, this book offers a set of insightful and convincing arguments which explain how governments and other international actors created and shared their interpretations of contracts, These ideas were often disputed by other groups. With a broad coverage of jurisdictions and legal systems, it provides much for those with an interest in globalization, international transactions and the decline of national bargaining power.' Victoria Barnes, EH.Net

Contributors

Grégoire Mallard, Jérôme Sgard, Juan H. Florès, W. Mark C. Weidemaier, Mitu Gulati, Anna Gelpern, Stephen C. Nelson, Yves Dezalay, Bryant G. Garth, Ariel Colonomos, Marco Bertilorenzi, Giuseppe Telesca, Gregory Shaffer, Michael Waibel, Bruce G. Carruthers, Susan Block-Lieb, Terence Halliday

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