Abstract
This paper argues that in platform-based digitalisation of international trade processes, the use of blockchain instead of a central database system does not by itself adequately address the platform provider’s potential to engage in opportunistic behaviour. Digital transformation of international trade is, thus, constrained by hold-up problems. This requires embedding governance mechanisms in platform rulebooks designed to establish trust and commonality of interests. The article proposes a governance mechanism to promote widespread digital adoption through contract design choices based on guiding principles that can establish legally enforceable behavioural standards which align with the relational characteristics of digital trade networks.
Original language | English |
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Pages (from-to) | 450 - 482 |
Number of pages | 33 |
Journal | The Cambridge Law Journal |
Volume | 82 |
Issue number | 3 |
DOIs | |
Publication status | Published - 3 Nov 2023 |
Bibliographical note
Publisher Copyright:© The Author(s), 2023.
Research Groups and Themes
- Centre for Global Law and Innovation
Keywords
- blockchain
- business networks
- platform governance
- international trade
- relational contracts
- electronic trade documents