Evolution of Multiple Layered Structure of Contracts in International Business Transactions

国际商务是通过使用交易（或法律术语中的合同）的社会经济制度来进行的，这是基于各方的相互协议。今天，对于人们的社会和经济活动来说，国界变得不那么重要了。随着社会间跨境经济相互依赖的发展，当事人使用的合同形式比以前更加多样化、复杂化和规模化。本研究从民事纠纷解决适用法律和仲裁场所的选择入手。在此基础上，各方能够开发用于控制复杂契约关系的私有排序技术，即关系契约。在这个研究项目中，我分析了契约关系排序的各种措施。另一方面，我也试图分析支配这些关系的规则的性质的转变。各州似乎正在迅速失去在这一领域的监管权力，各种私人行为体正变得越来越有影响力。然而，国家仍然扮演着游戏规则监督者的重要角色，而不是作为国际商业交易的直接监管者。这些趋势非常清楚地表明，竞争法的重要性日益增加，而在竞争法的执行方面，各州仍然占主导地位。这些活动变得比以前更加激进。

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.