Search results for "Law and economics"
showing 10 items of 236 documents
ARBITRATION AND ADR, COMPONENTS OF THE NEW PARADIGM OF THE JUSTICE IN THE MODERNITY
2018
Arbitration is a piece of the new conception of Justice. The legislators have changed the rules of arbitration and there is a sort of uniform Act of global arbitration. CNUDMI Act is the protagonist of this metamorphosis. With some contractual and jurisdictional elements arbitration is arbitration and this is its real legal nature. Two fundamental elements constitute its essence. The freedom and autonomy of the parties, on the one side, and the exercise of the function of the arbitrators and its effects, on the other. There is not arbitration without them.
Arbitration: A Piece of the New Paradigm of Justice for the 21st Century
2016
Arbitration is a piece of the new conception of Justice. The legislators have changed the rules of arbitration and there is a sort of uniform Act of global arbitration. CNUDMI Act is the protagonist of this metamorphosis. With some contractual and jurisdictional elements arbitration is arbitration and this is its real legal nature. Two fundamental elements constitute its essence. The freedom and autonomy of the parties, on the one side, and the exercise of the function of the arbitrators and its effects, on the other. There is not arbitration without them.
Background and Introduction: Why Debating Equal Pay for All?
2020
With an effort to justify the need to debate whether all people—no matter of profession and position (and also whether one has a job or not)—should have the same pay, this chapter introduces the anthology as well as the chapters and their different standpoints in the debate, along with their various bases for arguing as they do. After a brief background to the subject debated in the book, the book (and its format) is connected to the democratic aspect of debating. The final and major part of the chapter introduces and summarizes the remainder of the chapters in the book.
State Sovereignty: Balancing Effectiveness and Legality/Legitimacy
2018
This chapter aims to examine one of the most interesting topics in the contemporary internationalist debate, namely the crisis of effectiveness as the ultimate or sufficient criterion for achieving statehood and territorial sovereignty. Since the 1970s the perception that international law can no longer accept social reality as it is but promotes and imposes standards of justice and common values has become increasingly widespread. More recently, the ensuing discussion between realists and legalists emerged as one of the central topics addressed within the framework of the advisory procedure concerning Kosovo’s declaration of independence. By discussing and critically appraising the normati…
Dismantling the rhetoric of alternative medicine: Smokescreens, errors, conspiracies, and follies
2017
Alternative medicine is popular, and one of the reasons for this phenomenon is that it is relentlessly being promoted with the use of a wide range of fallacies, arguments which appear to be logic and true but which turn out on closer inspection to be illogical and false. In this article, I use my experience in alternative medicine research to discuss some of the most commonly employed fallacies. I conclude that they are used by proponents of alternative medicine to mislead the public such that even the most extravagant absurdities appear plausible. Collectively these fallacies constitute attacks upon rationality and progress in healthcare.
Great expectations: Learning the boundaries of design rights
2019
We present a case study of an increase in design right filings and concurrent design right litigations in an industry that previously had little experience of design right protection. The motives for and outcomes of filing, and how these changed over time are discussed. We go on to explore the events, which offered the decision makers opportunities to update their beliefs about the scope of design right protection. We find that filing motives changed from specific protection goals to freedom to operate over time. We also find that the actors faced several, but sometimes contradictory, learning opportunities. There are two types of learning relating to the usage of design rights: 1) learning…
Does reviewing experience reduce disagreement in proposals evaluation? Insights from Marie Skłodowska-Curie and COST Actions
2021
Abstract We have limited understanding of why reviewers tend to strongly disagree when scoring the same research proposal. Thus far, research that explored disagreement has focused on the characteristics of the proposal or the applicants, while ignoring the characteristics of the reviewers themselves. This article aims to address this gap by exploring which reviewer characteristics most affect disagreement among reviewers. We present hypotheses regarding the effect of a reviewer’s level of experience in evaluating research proposals for a specific granting scheme, that is, scheme reviewing experience. We test our hypotheses by studying two of the most important research funding programmes i…
Intellectual Property Rights: An Economic Approach
2014
Abstract This paper aims to analyse the intellectual property rights from an economic perspective. The paper is discussing the points of view of well known economists in relation to the positive and negative impacts of the intellectual property systems. It brings also into discussion the role of IPR as a barrier to entry and a mean to restrict competition and to favour monopoly situations.
Farewell to Anarchy : The Myth of International Anarchy and Birth of Anarcophilia in International Relations
2018
This article scrutinizes the conceptual history of international anarchy. The argument purported here is that even though the idea of international anarchy is often seen as very central for the academic discipline of international relations, the concept is in fact not found from the forerunners or classics of the discipline. The assumption of international anarchy is commonly seen as a defining feature of a Realist school of international relations. Yet, the concept and especially its “Realist” implications are not to be found in the classics of Realism, from Thucydides, Machiavelli or Hobbes. The idea of “international anarchy” emerges quite tentatively during the First World War, in the w…
Wpływ traktatu lizbońskiego na regulacje imigracyjne UE ze szczególnym uwzględnieniem zasady solidarności i sprawiedliwego podziału odpowiedzialności…
2018
The Influence of the Treaty of Lisbon on the EU Immigration Regulations with Particular Attention to the Principle of Solidarity and Fair Sharing of Responsibility Between Member StatesAnalysis of the influence of the Treaty of Lisbon on the EU immigration regulations with particular attention to the principle of solidarity and fair sharing of responsibility between Member States indicates that the Treaty of Lisbon extensively reformed these regulations. Its premise and mechanisms should be assessed as justified. However, they give a lot of leeway for interpretation and need to be supplementedwith EU secondary law. Unfortunately, states are primarily driven by their interest when applying t…