Research methods for transnational contract law

Joshua Karton

Chapter 13 in Research Methods for Contract Law and Scholarship, 2025, pp 317-349 from Edward Elgar Publishing

Abstract: Cross-border transactions now operate within a web of overlapping legal frameworks—national (such as statutes with extraterritorial effect), international (such as treaties), both international and national (such as model laws promulgated by international organizations but enacted by states), and private (such as trade usages or codes of best practices established by industry associations). Wide swathes of economic activity are thus governed by transnational contract law, underlining its practical interest for contract lawyers and scholars alike. Transnational law challenges traditional state-bound conceptions of contract law, opening up wider vistas of rule-formation: formal and informal, public and private, international and non-national. Transnational contract law scholarship crosses disciplinary boundaries and may employ various social science methods alongside traditional legal theory and doctrine. Such varied tools are needed to study the pluralistic networks of commercial actors, legislators, international organizations, and multinational law firms that shape transnational contract law, in order to understand how law evolves and functions in the modern globalized economy.

Keywords: Transnational law; Cross-border contracts; Private governance; Legal harmonization; Globalization; Comparative law (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035316465
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