Joshua Karton, ‘Contractual Governance and Sectoral Fragmentation of Transnational Commercial Law’

Even as contract law globalizes, it is splitting along industry lines, so that disputes arising in different industry sectors are decided according to industry-specific rules rather than generally-applicable contract law principles – a phenomenon this chapter describes as ‘sectoral fragmentation’. Sectoral fragmentation is explained as aspect of functional differentiation in globalized commercial society: as state governance declines in importance compared with contractual and other forms of private governance, the borderless and sector-specific structure of commercial communities is recapitulated in formal contract law. The chapter reviews the causes, mechanisms, and consequences of a sectorally fragmented transnational contract law.

Karton, Joshua, Contractual Governance and Sectoral Fragmentation of Transnational Commercial Law (2017) in Claire Cutler and Thomas Dietz (eds), The Politics of Private Transnational Governance by Contract 195-214 (Routledge 2017).

First posted 2018-05-01 06:52:35

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