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This paper puts forward an alternative path, next to regulatory competition models and comparative law endeavors, called legal emulation. Regulatory competition suffers from its very restrictive assumptions, which make it a relatively rare occurrence in practice. It is also endogenously driven,...
Persistent link: https://www.econbiz.de/10014170350
Economic analysis has contributed to a better understanding and a better functioning of law at different levels of generality. As far as legal reasoning is concerned, these contributions fall into two large groups. Economics in legal reasoning concerns arguments about the purposes and...
Persistent link: https://www.econbiz.de/10012857778
We show that adaptive measures undertaken by countries in the face of climate change, apart from directly reducing the damage caused by climate change, may also indirectly mitigate greenhouse gas emissions by increasing the stable size of international agreements on emission reductions....
Persistent link: https://www.econbiz.de/10014185646
Public authority has been increasingly engaging with private actors for the purpose of regulating transnationally social and environmental responsibility of global production. ‘Orchestration' of private actors takes place under limited influence and control over the regulatory effects of...
Persistent link: https://www.econbiz.de/10012868177
On 13 June 2019, Advocate General Hogan issued his opinion on Case C-363/18 Organisation juive européenne, Vignoble Psagot Ltd v Ministre de l'Economie et des Finances, currently pending with the Court of Justice. In this case, referred by the Conseil d'État, the Court was invited to rule...
Persistent link: https://www.econbiz.de/10012866514
This article is the first that discusses how national enforcement authorities have been using bundling, meaning tying or rolling up a number of things together, to settle with corporations over multiple bribery allegations. These settlements rely on some allegedly illegal acts that defendants...
Persistent link: https://www.econbiz.de/10012922541
The negotiations relating to domestic regulations in services are entering their final phase. While the implementation of their results will depend on overcoming the current stalemate in the Doha negotiating round, it becomes increasingly clear that Members will want to capitalize on the...
Persistent link: https://www.econbiz.de/10013061317
The financial crisis of 2008-09 has cast palpable doubt on the relevance of the current legal framework governing trade in services for financial crisis prevention and management. The crisis revealed the limited utility and effectiveness of services trade law in dealing adequately with the...
Persistent link: https://www.econbiz.de/10013138680
on Tariffs and Trade (GATT). The paper illustrates that it is possible to design World Trade Organisation (WTO) compliant … of World Trade 54(1) …
Persistent link: https://www.econbiz.de/10012848871
The increased expansion of economic activity beyond national borders leads to a shift of regulatory power. Public authorities concede power, explicitly or tacitly, to private bodies, whereas the multilayered ecology of global governance inevitably increases the role of transnational...
Persistent link: https://www.econbiz.de/10012934214