Search results for "LAW AND ECONOMICS"
showing 10 items of 236 documents
Contractual Solutions for Digitalized Cross-Company Value Networks in Industry 4.0 - Part 1: Introduction
2021
This series of papers deals with issues of contract law in Industrie 4.0. It is based on the law of the Federal Republic of Germany. Part 1 introduces the topic and explains the legal problems that arise in Industrie 4.0. Part 2 deals with issues of contract law: How are contracts concluded among autonomous software agents, what types of contracts come into question, and how must general terms and conditions be structured. Part 3 looks at issues of licensing law and intellectual property in data. Part 4 looks at the liability of autonomous systems in Industry and provides an outlook on possible future solutions. Industrial production is increasingly taking place in digitized value chains in…
Place brand as an emergent property: The case of Vascitour and Naples
2019
In this paper, by adopting a systemic framework, we argue that place's adaptive connotation be considered as a mere result of endogenous processes but as a viable system that will remain viable if it can continue to answer the needs of its numerous heterogeneous internal and external socio-economic agents. Place can be seen as a complex adaptive system characterized by a more or less planned evolution, driven by both top-down and bottom-up processes, and composed of various interconnecting parts that, at the same time, can be seen as wholes at different levels as an holoarchy. The model of the holoarchy allows to consider the place as the result of both planned and spontaneous relationships…
Effects of sanctions, moral beliefs, and neutralization on information security policy violations across cultures
2020
Abstract A principal concern of organizations is the failure of employees to comply with information security policies (ISPs). Deterrence theory is one of the most frequently used theories for examining ISP violations, yet studies using this theory have produced mixed results. Past research has indicated that cultural differences may be one reason for these inconsistent findings and have hence called for cross-cultural research on deterrence in information security. To address this gap, we formulated a model including deterrence, moral beliefs, shame, and neutralization techniques and tested it with the employees from 48 countries working for a large multinational company.
A Synthetic View of Different Concepts of Creditor Protection - Or a High-Level Framework for Corporate Creditor Protection
2006
Protection of corporate creditors has become an important topic within the European Union. At EU level, discussion has been sparked by widespread dissatisfaction with some very rigid and cumbersome provisions, and even with the whole concept of the Second Company Law Directive. At EU Member State level, three landmark decisions by the European Court of Justice — Centros, Uberseering, and Inspire Art — opened the way for an all-out competition between the different company forms provided for by national company laws. At both levels, albeit for different reasons, British company law — and in particular the absence of any legal capital in the private limited company — acts as the main driving …
International Bankruptcy in Spain
2011
International Bankruptcy Law is a very trendy topic. Many countries have reformed their national Acts seeking to adapt them to the current economic situation. Also Spain did this some years ago. The New Spanish Bankruptcy Act of 2003 includes some rules on International Bankruptcy. These rules are directly linked to the EU Regulation on cross-border insolvency and depend on it. The article analyze in depth solutions embodied in the Act and their -not always easy- relationship with the Regulation. Something that happens in some other EU Member States.
Institutional Entrepreneurship, Trust, and Regulatory Capture in the Digital Economy
2019
In regard to the problem of the new markets' opening and their regulation, some scholars have introduced the concept of “institutional entrepreneur” in economic literature. This new definition of entrepreneur is important to highlight, albeit in informal and descriptive terms, the existence of functional relationships between activities typical of private market competition and those more specifically, of the public sector. Even if this new economic character can provide an interesting key to understanding what can really happen in the narrow zone that separates the public and private markets, it does not consider some conceptual components that are not minor for the purposes of complete ch…
A critical analysis of corruption and anti-corruption policies in Italy
2020
Purpose This study aims to critically analyse the Law 9 January 2019, n. 3, on “Measures to fight crimes against the public administration and on the transparency of political parties and movements” (so-called bribe-destroyer law). Design/methodology/approach This paper draws on reports, legal scholarship and other open-source data to examine a legislative innovation for the corruption in Italy in relation to the general guarantees of the trial process and with the controversial paradigm of the national perception index of bribery. Findings The Italian legislative initiative that will be examined is innovative in nature and goes beyond the constitutional and conventional principles on proc…
The European Union's Proposal for an International Investment Court: Significance, Innovations and Challenges Ahead
2016
International audience; Rampant discontent with the current system that governs the protection of international investment and the functioning of investment tribunals has led to a widespread view that there is an urgent need for reform. This is particularly pronounced in the context of investor-state dispute settlement (ISDS). The European Union (EU) has responded to this need by proposing the creation of an international investment court. With its political weight, the EU confers unprecedented legitimacy on the critics of the current ISDS system and reveals investment dispute settlement in the light of public international law, breaking with its background in commercial litigation. The art…
The periodic reporting procedure of the United Nations System and the human right to water: opportunities and challenges
2020
A água é fundamental para a vida. Contudo, foi apenas nos anos 70 que o acesso a este bem começou a ser discutido, a nível internacional, como um direito humano. Antes disso, algumas Convenções e Tratados das Nações Unidas reconheciam, de alguma forma, o direito à água, mas tal direito tinha que ser inferido de outros direitos ou estava limitado à uma determinada categoria de pessoas. Independentemente das suas limitações, estes textos podem reforçar a aplicação do direito humano à água, especialmente através dos seus mecanismos de monitoramento: os relatórios periódicos e os casos litigiosos. Assim, o objetivo deste artigo é analisar em que medida o mecanismo de relatórios periódicos pode …
Path Dependence and Paradox in Harmonizing Out-of-court Procedures across Europe. The Evidence from Italy
2018
This paper focuses on the impact that the ‘new approach to business failure’ has had on Italian out-of-court procedures. It will demonstrate that in 2005 Italian law started to embrace the rescue culture of out-of-court procedures by means of a series of reforms; initially, this movement facilitated the incorporation of the ‘new approach to business failure’, but – and this is the paradox – the more law makers and courts remove the old paradigms and introduce new ones, which in principle could make the procedures smoother, cheaper and more efficient, the more the law in the book and the law in action appear to be overloaded with additional prerequisites which make the procedures cumbersome…