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Conflict of law rules and international trade : a transaction costs approach

  • Kirstein, Roland
  • Schmidtchen, Dieter
  • Neunzig, Alexander R.

Drawing on Transaction Costs Economics, this paper develops a new approach to conflict of law rules. It outlines a concept of constitutional uncertainty in international trade and presents a model of international transactions in the presence of a diversity of legal orders. We develop a general analytical concept of an international legal order and analyze the impact of different specifications of international legal orders on international transactions.

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Paper provided by Saarland University, CSLE - Center for the Study of Law and Economics in its series CSLE Discussion Paper Series with number 2004-01.

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Date of creation: 2004
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Handle: RePEc:zbw:csledp:200401
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  1. Greif, Avner, 1993. "Contract Enforceability and Economic Institutions in Early Trade: the Maghribi Traders' Coalition," American Economic Review, American Economic Association, vol. 83(3), pages 525-48, June.
  2. Greif, Avner, 1992. "Institutions and International Trade: Lessons from the Commercial Revolution," American Economic Review, American Economic Association, vol. 82(2), pages 128-33, May.
  3. Cooter, Robert & Landa, Janet T., 1984. "Personal versus impersonal trade: The size of trading groups and contract law," International Review of Law and Economics, Elsevier, vol. 4(1), pages 15-22, June.
  4. Kirstein, Roland & Schmidtchen, Dieter, 1997. "Judicial detection skill and contractual compliance," International Review of Law and Economics, Elsevier, vol. 17(4), pages 509-520, December.
  5. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54 National Bureau of Economic Research, Inc.
  6. Kronman, Anthony T, 1985. "Contract Law and the State of Nature," Journal of Law, Economics and Organization, Oxford University Press, vol. 1(1), pages 5-32, Spring.
  7. Carney, William J, 1997. "The Political Economy of Competition for Corporate Charters," The Journal of Legal Studies, University of Chicago Press, vol. 26(1), pages 303-29, January.
  8. Eisenberg, Theodore & Wells, Martin T, 1998. "Ranking and Explaining the Scholarly Impact of Law Schools," The Journal of Legal Studies, University of Chicago Press, vol. 27(2), pages 373-413, June.
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