The national states have liberated the world trade without developing the corresponding structures under private law. This normative vacuum was filled by private and hybrid order patterns. The denationalized transnational trade law operates in the absence of a world state without a hierarchal head that could provide coherency and consistency.
In the third phase of the project, the consequences (reactions and outcome) of this new constellation, which is described as fragmentation of transnational trade law, will be analyzed. Hierarchization of trading relations is being focused as a reaction of the companies that operate in the transnational trade. The diverse configuration and functionality of this hierarchization will be examined (varieties and hierarchy).A decline of (the appreciation of) normative goods in constitutionality / the rule of law will be evaluated as an outcome. It will be examined to what extent fragmented transnational trade law as well as national private law can prevent increasing actual (economic) disparity from precipitating legal inequality (concentration of market power). In the third phase the results of the A4 sub-project (2003-2014) will be combined in a final treatise about the constitution of the global trade.
Law, the State and Evolutionary Theory. Papers Presented at the 5th Annual International German Law Journal Conference, University of Bremen, Faculty of Law, 5 October 2007, in: German Law Journal 9 (2008)
Final report 2015 in German
Project application 2011-2014 in German
Project application 2007-2010 in German
Project application 2003-2006 in German