| Project/Area Number |
14520038
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | Kobe University |
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Principal Investigator |
SAITO Akira Kobe University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (80205632)
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| Project Period (FY) |
2002 – 2005
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| Project Status |
Completed (Fiscal Year 2005)
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| Budget Amount *help |
¥2,700,000 (Direct Cost: ¥2,700,000)
Fiscal Year 2005: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 2004: ¥600,000 (Direct Cost: ¥600,000)
Fiscal Year 2003: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 2002: ¥900,000 (Direct Cost: ¥900,000)
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| Keywords | Party Autonomy / Legal System / Choice of Forum / Choice of Applicable Law / Soft Law / UNIDROIT Pronciples / Relational Contract / Transaction Cost / 比較法 / 取引費用経済学 / 関係的契約論 / 協力 / 損害軽減義務 / 法廷地選択合意 / 代品購入義務 / 国際ビジネス / 契約 / 国際商事仲裁 / 交渉 / 合意管轄 / 国際裁判管轄 / 私的秩序形成 / イングランド / 欧州連合 / 特段の事情 / 多層構造 / 法廷地選択条項 / 準拠法選択条項 / リスク回避 / 周辺的合意 |
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| Research Abstract |
International businesses are carried out by using the socio-economical institution of Transaction (or Contract in legal term), which is based on the mutual agreement of the parties. National borders are becoming to be less important today for the social and economical activities of the people. As the cross border mutual economic dependency between the societies progress, the parties are becoming to use more diverse, complicated and large-scaled forms of contracts than before.
This research started from the investigation of the agreements as to the selection of applicable laws and forums for civil dispute resolution. On this basis, the parties are able to develop the private ordering techniques for controlling complex contractual relationships i.e., relational contracts. In this research project, I analyzed various measures of ordering contractual relationships. On the other hand, I also tried to analyze the transition of the character of rules governing these relationships. The states seem to be rapidly loosing its regulatory powers in this area and various private actors are becoming more influential.
However, the states still play important roles as the supervisors of the rule of the game, rather than as the direct regulators of the international business transactions. These trends are very clear as to the aspect of increasing importance of competition law, for the enforcement of which states are still dominant players. These activities are becoming more aggressive than before.
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