nep-law New Economics Papers
on Law and Economics
Issue of 2020‒01‒27
eight papers chosen by
Eve-Angeline Lambert, Université de Lorraine

  1. Some Aspects of the Right to a Fair Trial from the Perspective of the European Convention on Human Rights By Silviu-Stefan Petriman
  2. Homicides and the Age of Criminal Responsibility: A Density Discontinuity Approach By Costa, Francisco J M; de Faria, João; Iachan, Felipe; Caballero, Bárbara
  3. Investigating firms' involvement in corporate social irresponsibility: Are family owned MNEs better corporate citizens? By Federica Nieri; Luciano Ciravegna
  4. Multi-product bargaining, bundling, and buyer power By Dertwinkel-Kalt, Markus; Wey, Christian
  5. Legal History, Institutions and Banking System Development in Africa By Samuel Mutarindwa; Dorothea Schäfer; Andreas Stepan
  6. Consumer Internet Standard Form Contracts in India: A Proposal By Hillman, Robert A.; Library, Cornell
  7. Prescription Opioid Retail Sales and Socioeconomic Conditions in France By Mathias Dewatripont; Victor Ginsburgh; Michel Goldman; Patrick Legros; Ilaria Natali
  8. Study of International Regulatory Co-operation (IRC) arrangements for air quality: The cases of the Convention on Long-Range Transboundary Air Pollution, the Canada-United States Air Quality Agreement, and co-operation in North East Asia By Céline Kauffmann; Camila Saffirio

  1. By: Silviu-Stefan Petriman (Trainee lawyer Bucharest Bar, Bucharest, Romania)
    Abstract: The European Convention through Article 6 establishes a fundamental principle for a democratic society and a rule of law. The right to a fair trial is applicable both in civil matters and in criminal matters, where the rights, freedoms and legitimate interests of the justiciable must be guaranteed. This right must be respected by all the judicial bodies, because by violating it or ignoring it, serious damages can be brought about the person's freedom, access to justice, equality of arms, the right not to incriminate s.a.m.d. Precisely for its importance, the right to a fair trial is considered as a pillar of support for the democratic state. In Romanian domestic law the right to a fair trial can be found in the Romanian Constitution art. 21 paragraph 3, the Code of civil procedure in art. 6, the Criminal Procedure Code art. 8, as well as in art. 6 of Law no 304/2004 on judicial organization. The right to a fair trial should not and cannot remain only at the theoretical level, but it must receive effective applicability in practice, otherwise it will remain an illusory right. But in order to be used in practice he must be well known and promoted at the same time, in order not to allow his violation.
    Keywords: democracy, equality of arms, free access to justice, fundamental principle, justiciable, rule of law, the right to a fair trial
    Date: 2019–11
  2. By: Costa, Francisco J M (FGV EPGE Brazilian School of Economics and Finance); de Faria, João; Iachan, Felipe; Caballero, Bárbara
    Abstract: We employ a density discontinuity design to evaluate the deterrence effect of more severe punishments around the legal age of criminal responsibility in Brazil. Motivated by the criminology literature, we propose a novel proxy based on the inherent risk underlying criminal activities. Using violent death rates as a proxy for an individual's involvement in violent crime, we find no discernible deterrence effects. We additionally study arrest data from the country's third most populous state, Rio de Janeiro, and discuss the advantages of our proxy in light of potential underreporting biases from using criminal records.
    Date: 2018–03–20
  3. By: Federica Nieri; Luciano Ciravegna
    Abstract: This paper aims at investigating how multiple antecedents of multinational enterprises (MNEs) involvement in Corporate Social Irresponsibility (CSIR) act in unison and create complex situations that are difficult to capture with a linear logic. To this end, we use fuzzy set qualitative comparative analysis (fsQCA) and find five configurations of antecedents leading to high levels of CSIR occurrence: (1) The resource-constrained MNE - a highly internationalized MNE, operating in high corruption host markets, facing low performance volatility, with low slack resources, which does not adopt Corporate Social Responsibility (CSR) policies; (2) The disinterested MNE – a lowly internationalized MNE, operating in low corruption host markets, facing low performance volatility, with high slack resources, which does not adopt CSR policies; (3) The calculated family MNE - a lowly internationalized family MNE, operating in high corruption host markets, facing high performance volatility, with high slack resources, which does not adopt CSR policies; (4) The resource-constrained family MNE - a lowly internationalized family MNE, operating in high corruption host markets, facing high performance volatility, with low slack resources, which adopts CSR policies; (5) The overreacting, decoupling family MNE – a lowly internationalized family MNE, operating in low corruption host markets, facing high performance volatility, with high slack resources, which adopts CSR policies.
    Keywords: Corporate Social Irresponsibility (CSIR); Family firms; Multinationals; Corporate Social Responsibility (CSR); Performance volatility; Qualitative Comparative Analysis (QCA)
    JEL: F23 M14 K40
    Date: 2019–12–01
  4. By: Dertwinkel-Kalt, Markus; Wey, Christian
    Abstract: We re-consider the bilateral bargaining problem of a multi-product, manufacturer-retailer trading relationship. O'Brien and Shaffer (Rand JE 35:573-598, 2005) have shown that the unbundling of contracts leads to downward distorted production levels if seller power is strong, while otherwise the joint profit maximizing quantities are contracted (which is also always the case when bundling contracts are feasible). We show that the unbundling of contracts also leads to downward distorted output levels when the buyer firm has sufficient (Nash) bargaining power (i.e., buyer power). Our result is driven by cost substitutability (diseconomies of scope).
    Keywords: Vertical Restraints,Bundling,Buyer Power
    JEL: L13 L41 K21
    Date: 2019
  5. By: Samuel Mutarindwa; Dorothea Schäfer; Andreas Stepan
    Abstract: This paper links banking systems development to the colonial and legal history of African countries. Specifically, we investigate the impact of differing legal traditions on the development of existing investor and creditor protection, and on African banking systems. Based on a sample of 40 African countries from 2000 to 2016, our empirical findings show a significant dependence of current financial institutions on the legal origin and the colonization type. Findings also reveal that current legal financial institutions are not the major determinants of banking system development, whereas institutional and regulatory quality significantly matter for banking system development in both common and civil law countries. Strong creditor rights reduce the cost of banking in African countries
    Keywords: Legal origin, colonial history, financial institutions, banking system, Hausman-Taylor estimation
    JEL: G21 G38 G39 K40
    Date: 2020
  6. By: Hillman, Robert A.; Library, Cornell
    Abstract: Forthcoming in 29 (1) National Law School of India Review 2017 India has experienced a dramatic increase in consumer Internet shopping due to its convenience and the myriad choices of the Internet. Further, India enjoys a rapidly developing economy, rising living standards, and improving middle-class income, all of which promote Internet shopping. However, worldwide, few consumers read their e-standard forms and India is likely no exception. In addition, the legal framework in India is inadequate to police vendor opportunism in the form of drafting unfair e-standard terms. Because consumer confidence is a prerequisite to growing Internet commerce, a more comprehensive and direct solution would be beneficial to India’s economy Consumer Internet Standard Form Contracts in India: A Proposal first examines existing strategies to protect consumers and concludes they may be inadequate. The article argues that the most promising approach to consumer protection comes from the American Law Institute’s (ALI) Principles of the Law of Software Contracts. The ALI Principles strategy is to encourage early Internet disclosure of a vendor’s standard terms, before a consumer initiates a transaction. The Principles treat such disclosure as a “best practice” that increases the likelihood of enforcement of the vendor’s e-standard terms. The ALI Principles also call for a more robust judicial use of policing tools, including unconscionability and public policy, despite the limitations of these principles. The ALI disclosure approach likely would not improve consumer reading of e-terms. However, rating services and watchdog groups (of which there are many on the Internet) would have better access to problematic terms and could publicize vendors’ use of them. Vendors would be motivated to draft reasonable terms to establish and preserve good will and good reputations.
    Date: 2018–02–04
  7. By: Mathias Dewatripont; Victor Ginsburgh; Michel Goldman; Patrick Legros; Ilaria Natali
    Abstract: This paper studies how opioid analgesic sales are related to socioeconomic conditions in France. Using the OpenHealth database on prescription opioid retail sales at the department level from 2008 to 2017, we show that increases in the poverty rate induce more sales: a one percentage point increase in poverty produces, approximately, a ten percent increase in opioid use. Our analysis further shows that opioid use is positively related to the share of middle-aged people and the share of individuals with basic education only, while it is negatively related to population density. We identify causal effects of economic conditions on opioid use by using two alternative strategies. First, we implement a Two-Stage Least Squares (2SLS) approach, where we instrument for poverty by exploiting a reform aimed at reducing poverty of low-income individuals. Second, we use a three-dimensional panel model that allows us to control for a large pool of potential confounding factors. We are among the first to address potential reverse causality issues in this context. Our results suggest that middle-aged individuals and people with lower education levels are mostly at risk and should be carefully screened before and monitored after being treated. Pharmacovigilance should be more intensively addressed towards poor and rural areas. We conclude that a combination of policies aimed at improving economic prospects and strictly monitoring access to opioid medications would be beneficial for reducing opioid-related harm.
    Keywords: Prescription Opioids, Socioeconomic Conditions, France
    Date: 2020–01
  8. By: Céline Kauffmann (OECD); Camila Saffirio (OECD)
    Abstract: China, Japan and Korea have deployed a multiplicity of co-operation efforts at different levels of government to promote air quality and curb transboundary pollution. This paper identifies the existing arrangements for air quality co-operation in North East Asia and provides guidance to advance the co-operation required to face cross-border air pollution building on the experience of two long-standing co-operative agreements in this area: the Canada-United States Air Quality Agreement and UNECE’s Convention on Long-Range Transboundary Air Pollution. This paper finds that the multilateral arrangements existent in North East Asia are yet to produce a comprehensive science-based regional approach to address transboundary air pollution. Key suggestions for countries to capitalise on the stronger momentum for co-operation in this area include: i) building on the existing frameworks for international regulatory co-operation for air quality; ii) advancing a common understanding of transboundary air pollution across scientific regional arrangements; and iii) strengthening the domestic policy frameworks for air quality in each country as a key prerequisite.
    Keywords: air pollution, international regulatory co-operation, regulatory policy
    JEL: F53 F55 K32 K33 Q53 Q58
    Date: 2020–01–24

This nep-law issue is ©2020 by Eve-Angeline Lambert. It is provided as is without any express or implied warranty. It may be freely redistributed in whole or in part for any purpose. If distributed in part, please include this notice.
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