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Vol 22 No 2 Feb/March 2017

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Spencer Bower: Reliance-Based Estoppel

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Contractual Knowledge: One Hundred Years of Legal Experimentation in Global Markets

ISBN13: 9781107130913
Published: May 2016
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £79.99

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Contractual Knowledge: One Hundred Years of Legal Experimentation in Global Markets, edited by Gregoire Mallard and Jerome 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.

Contract Law
1. Contractual knowledge: one hundred years of legal experimentation in global markets Gregoire Mallard and Jerome 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. Flores
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 Jerome 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 Gregoire 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.