Recht und soziale Sanktionen

In principle – owing to its monopoly on the legitimate use of coercive force – it is the state that guarantees contract enforcement. Nevertheless, enforcement deficits in cross-border trading have led to private enforcement mechanisms, such as nonlegal sanctions, taking on an important role. The author examines the conflict between nonlegal sanctions and national law using the example of cross-border cotton trade. She analyzes the phenomenon of nonlegal sanctions from institutional economic, legal sociological and empirical perspectives and highlights the importance of the state’s monopoly on the legitimate use of coercive force. The legal doctrinal focus of this work is on the barriers that are raised by European and German competition law and the law of torts when it comes to imposing nonlegal sanctions.