nep-law New Economics Papers
on Law and Economics
Issue of 2023‒06‒12
five papers chosen by
Eve-Angeline Lambert, Université de Lorraine

  1. Leader Characteristics and Constitutional Compliance By Jerg Gutmann; Katarzyna Metelska-Szaniawska; Stefan Voigt
  2. Geographical indications as global knowledge commons: Ostrom's law on common intellectual property and collective action By Armelle Maze
  3. Workers’ behavior after safety regulations: Impact evaluation of the Spanish Occupational Safety and Health Act By Delgado-Cubillo, Pablo; Martín-Román, Ángel L.
  4. Chinese Barriers Laws, what are the Stakes for European Companies ? By Christine Dugoin-Clément; Isabelle Cadet
  5. Did the policy response to the energy crisis cause crime? Evidence from England By Fetzer, Thiemo

  1. By: Jerg Gutmann (Institute of Law & Economics, University of Hamburg, University of Freiburg, and CESifo); Katarzyna Metelska-Szaniawska (Faculty of Economic Sciences, University of Warsaw); Stefan Voigt (Institute of Law & Economics, University of Hamburg and CESifo)
    Abstract: While research in constitutional economics has made important progress in recent decades, the factors determining whether a constitution is complied with have only received scant attention. We contribute to that narrow literature by studying how personal traits of political leaders are associated with constitutional compliance. Compliance levels of 943 political leaders between 1950 and 2010 can be explained by their education, entry into office, political experience, military background, and whether they are members of extreme left-wing parties. Specifically, under former military officers and Communist leaders, constitutional compliance is significantly lower. The combined effect of these two traits corresponds to the difference between democracy and nondemocracy. This implies a difficult normative question, which we discuss in our conclusion: Should constitutions set entry barriers for high political offices that are based on leader characteristics?
    Keywords: constitutional compliance; de jure-de facto gap; leader characteristics
    JEL: K10 K38 K42 P16 P26 P48 Z10
    Date: 2023
  2. By: Armelle Maze (SADAPT - Sciences pour l'Action et le Développement : Activités, Produits, Territoires - AgroParisTech - Université Paris-Saclay - INRAE - Institut National de Recherche pour l’Agriculture, l’Alimentation et l’Environnement)
    Abstract: Abstract In this article, we reconceptualize, using an extended discrete and dynamic Ostrom's classification, the specific intellectual property (IP) regimes that support geographical indications (GIs) as ‘knowledge commons', e.g. a set of shared collective knowledge resources constituting a complex ecosystem created and shared by a group of people that has remained subject to social dilemma. Geographical names are usually considered part of the public domain. However, under certain circumstances, geographical names have also been appropriated through trademark registration. Our analysis suggests that IP laws that support GIs first emerged in Europe and spread worldwide as a response to the threat of undue usurpation or private confiscation through trademark registration. We thus emphasize the nature of the tradeoffs faced when shifting GIs from the public domain to shared common property regimes, as defined by the EU legislation pertaining to GIs. In the context of trade globalization, we also compare the pros and cons of regulating GIs ex-ante rather than engaging in ex-post trademark litigation in the courts.
    Keywords: Place names, Collective reputation, GKC framework, IAD/SES framework, international trade agreement, self-governance, trademark, traditional knowledge JEL Classification: D02, D23, K11, L51, O34, Q13
    Date: 2023–03–20
  3. By: Delgado-Cubillo, Pablo; Martín-Román, Ángel L.
    Abstract: While the 1995 Occupational Safety and Health Act (OSH) regulation transformed the outlook on workplaces in Spain, characterized by a lack of preventive protection, public statistics have reported an increasing trend in the postregulation workplace accident rates. This study uses microdata from official national statistics to examine the effect of the OSH regulation on the reported accidents while focusing on its severity. Accordingly, we apply a difference-in-difference assessment method where a comparable group is formed by the contemporaneous in itinere accidents (commuting), which are legally and statistically considered work-related accidents but not directly impacted by the OSH regulation, with a focus on the workplace environment. The results reveal that the nonfatal accident rate decreased after the implementation of the regulation. However, when we isolate the effect of the regulation on accidents that usually provoke hard-to-diagnose injuries (dislocations, back pain, sprains, and strains), we obtain a significant increase in the accident rate. Moral hazard mixed effects seem to have played a crucial role in these dynamics through overreporting and/or Peltzman effects, often offsetting accident reduction intended by the OSH regulation.
    Keywords: OSH, impact evaluation, moral hazard, difference-in-difference
    JEL: D04 H43 I18 J28 K31
    Date: 2023
  4. By: Christine Dugoin-Clément (IAE Paris - Sorbonne Business School); Isabelle Cadet (IAE Paris - Sorbonne Business School)
    Abstract: The use or misuse of digital tools, according to the American conception, makes the implementation of these laws even more intricate and restrictive. The interconnectedness of networks thus becomes a double-edged sword. The United States through the 2020 Cloud Act pertaining to communications data 6 , interprets the use of its data processing servers as representing its jurisdiction and allows itself to sanction foreign companies for acts committed on foreign soil. Even better! Through the ITAR, the United States compels companies to forward information on certain so-called sensitive material solely through American communication channels. All exchanges of information are thus drastically monitored. Within this globalised economic warfare context, the phenomenon of extraterritoriality of the law is becoming more widespread.
    Keywords: Economy & Law, Europe, companies
    Date: 2022–06–06
  5. By: Fetzer, Thiemo (University of Warwick, CAGE, NIESR and CEPR)
    Abstract: The invasion of Ukraine has led to an unprecedented increase in energy prices in much of Western Europe with policy makers actively intervening in energy markets to cushion the shock. The UK’s policy response stands out: the energy price guarantee (EPG) was entirely untargeted and is, in real terms, much less generous to those living in properties with low energy efficiency. Using granular data and following a documented research approach this paper documents that areas more exposed to the energy price shock saw a notable increase in burglaries and anti-social behaviour: the energy price shock is responsible for a 6 to 10 percent increase in burglaries and a 9 to 24 percent increase in police reported anti-social behaviour between October 2022 to March 2023 inclusive. A quantification of policy alternatives suggests that a more targeted energy support package and/or a more energy efficient housing stock could have resulted in a drastically less pronounced uptick in crime.
    Keywords: crime, welfare, instability, climate crisis, cost-of-living JEL Classification: Q40, Q48, K42
    Date: 2023

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