Chapter 4Harmonization and contract in a globalized world

Richard Austen-Baker*

4.1 Introduction

In this chapter the author aims at a preliminary exploration of how the question of contracting across national boundaries might best be tackled, given not only differences in law and legal systems, but also distinct cultural differences. Put another way: what challenge does increasing globalization present to private law, and lawyers, and how might it be met?

There is no single generally accepted meaning attached to the term ‘globalization’. The word means different things to different people and in different contexts. It can be defined in terms of the growth of a global common culture, now sitting alongside established national and regional cultures, ...

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