Evolution of Multiple Layered Structure of Contracts in International Business Transactions

国际贸易是通过社会经济交易制度(或法律术语中的合同)进行的，这种制度是建立在双方当事人相互同意的基础上的。今天，对于人们的社会和经济活动来说，国家边界变得不那么重要了。随着社会之间的跨境相互经济依赖的发展，当事人使用的合同形式比以前更加多样、复杂和大规模。本研究从调查协议开始，选择适用的法律和民事纠纷解决的论坛。在此基础上，双方能够开发用于控制复杂合同关系的私人订购技术，即关系合同。在本研究项目中，我分析了排序契约关系的各种措施。另一方面，笔者也试图分析支配这些关系的规则性质的变迁。国家似乎正在迅速失去在这一领域的监管权，各种私人参与者的影响力也在增加。但国家仍然扮演着重要的角色，即游戏规则的监管者，而不是国际商业交易的直接监管者。在竞争法日益重要的方面，这些趋势是非常明显的，因为各国在执行竞争法方面仍然是主导角色。这些活动正变得比以前更具侵略性。

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.