Search results for "Law and economics"
showing 10 items of 236 documents
Some Thoughts on the Independence of Party-Appointed Expert in International Arbitration
2021
Participation of experts in both commercial arbitration proceedings and investment arbitration proceedings is a well-known phenomenon for decades. A trend asking for parties-appointed experts to be independent is under development since the end of the twentieth century. The aim of this chapter is, at first, to make the point on this issue by analysing some of the most important current rules dedicated to international arbitration. The observation to be made is that the evolution described is not that developed so far in international arbitration. In a second time the need and relevance of this new requirement are addressed. It appears then that the meaning of this demand is far from being c…
The residence permit for third-country nationals who are victims of human trafficking: A double-face instrument between compliance strategy and prote…
2017
Purpose The aim of the present study is to explore institutional design strategies that promote compliance by regulating peculiar sorts of agents, namely, human trafficking victims, starting from the point of view that institutions assume addressee virtue, but instead should consider the hypothesis of non-compliance or that the measures adopted reveal their inefficiency to satisfy the goals they were thought for, or that they are applied to obtain scopes, which are different from the ones they were conceived for. Design/methodology/approach Different methodological approaches, both deductive and inductive, are combined in the present paper, together with comparative and philosophical insig…
Normative Legal Positivism, Neutrality, and the Rule of Law
2013
Usually, in jurisprudential debates what is discussed under the rubric of ‘neutrality’ is the claim that jurisprudence is (or at least can, and should be) a conceptual, or descriptive - thus, non-normative, or morally neutral - inquiry. I discuss neutrality in an altogether different sense, namely, neutrality as an ethico-political ideal the law should meet. My starting point is normative legal positivism, or the claim that it is a good and desirable thing that the laws have easily identifiable, readily accessible, as far as possible non-controversial social sources. What justifies normative legal positivism, I claim, is the value - or the ideal - of neutrality, suitably understood. I.e., w…
Derechos humanos y virtudes fundamentales
2013
Al establecer los derechos humanos dentro de un constitucionalismo democrático en vez de hacerlo en la verdad de la persona, los legalismos entran en un círculo infinito. Entonces, es necesario asentarlos en un fundamento pre-legal, previo a toda deliberación que incluya las virtudes clásicas de la coexistencia humana que hacen posible cualquier proceso democrático. Aunque este documento se centra básicamente en la justicia, el éxito, el coraje y la templanza como los goznes de toda virtud, también se refiere al valor del compañerismo, la simplicidad, la austeridad, la lealtad y la confianza hacia otros. Pero todo este marco axiológico nos obliga naturalmente a mirar hacia la familia, donde…
The Importance of Trust at the Level of Public International Law: A Contribution to Theoretical Considerations
2021
Abstract The purpose of this article is to point to trust as a value serving the coexistence of international community cooperation, as well as the elimination of global threats in public international law. The article presents selected approaches and typology of trust adopted in social sciences (with particular emphasis on the sociology of law as an auxiliary science of jurisprudence), their reference to the understanding and meaning of trust in public international law, as well as consequences in the form of shaping the quality and content of legislative solutions and practice of acting in the international arena. As a result of the conducted analyses, trust in international law can be co…
Droit et gouvernance:l'apport du courant comportemental
2010
Under the dominant approach to corporate governance, the role of law is to help reduce the impact of conflicts of interest and intentional strategic behavior of the different actors, including managers. The managers' decisions that are detrimental to shareholders and other stakeholders do not all have their origin in an intentional behavior. Some of them result of misjudgment, cognitive and behavioral biases. Based on Behavioral Law and Economics, which has expanded greatly in the United States, the objective of the paper is to show that the role of law within the corporate governance system is also to contribute to "debias" managerial decisions or correct any adverse effects of these biase…
Checks and balances and international openness
1991
In the course of a long digression within his famous inspection of Plato’s political philosophy, Karl Popper (1945: 121) argues that “the problem of politics” is the following: “How can we so organize political institutions that bad or incompetent rulers can be prevented from doing too much damage?” Popper’s answer is: “the theory of checks and balances”, which he defines as the striving to establish “institutional control of the rulers by balancing their powers against other powers” (122). From that general approach to “the problem of politics”, it follows that democracy is definitely not the rule of the majority, or the sovereignty of the people (a conception that entails various paradoxe…
Role of Foreseeability in Imposition of Civil Liability
2021
The purpose of this article is to offer an insight into the role of foreseeability in imposition of civil liability. The article contains analysis of the principle of foreseeability from various points of view, for example, by analysing it from the perspective of the general (fault-based) model of liability as well of the strict liability. Likewise, the article analysis the role of foreseeability during determination of preconditions to civil liability, for example, by introducing it into the concepts of “fault” and “causation”. The aspects referred to in this article are predominantly analysed from the theoretical perspective. The article references various legal sources from different co…
Freedom and Necessity in The Winter’s Tale
2014
From the first expository scene, The Winter’s Tale exhibits a concern with necessity, either through the use of the word itself, its derivatives (necessities, necessary), and their synonyms (needful, required) or through the notion of what “must” happen, what “cannot but” happen. The recurrence of such terms conveys a sense that this is a world where no one is free, and every action is dictated by force of circumstance. This is reinforced by the widespread use of the traditional imagery of fate. Yet the characters of the play are reluctant to submit to necessity. Some even fantasize states of absolute freedom, including freedom from the laws of nature. The play itself, notwithstanding the o…
Crowdfunding y Financiación de Partidos Políticos
2019
Crowdfunding is presented as a new private financial resource for parties of political parties by which citizens can participate economically in the structure of these organizations. This paper will set out some legal proposals that seek to adequately incorporate this new resource. First, we will approach the crowdfunding analysis in order to make it easier for the reader to understand this phenomenon. Secondly, it will analyze the current implementation of this tool by political parties at national and international level, pointing out some of the positive and negative aspects that can be derived from the use of this new resource. All this, with the main objective of analyzing the viabilit…