Search Results: 1 - 10 of 100 matches for " "
All listed articles are free for downloading (OA Articles)
Page 1 /100
Display every page Item
Law and Economics: A New Dimension in Market Regulation
R. Nordin,A. Waris,M.A. Witbrodt
International Business Management , 2012, DOI: 10.3923/ibm.2012.158.167
Abstract: This study examines the application of economic analysis of law in the context of resolving dispute in property rights. It analyses the economic and sociological arguments surrounding intellectual property rights exploitation. To be more specific, it focuses on the patenting of pharmaceutical or biotechnological inventions. This study establishes as a theoretical framework the economic analysis of law with specific reference to transaction cost theory. Prior to that it will discuss the interrelation between economics and law, i.e., on how law may have an impact on economics or how economics has influenced the state in formulating its law. This study will also take into account the theories on property rights and social process of law.
Cost-benefits Analysis and Law and Economics in the Evaluation of Scrapping Subsidies: An Empirical Analysis of the Italian Case  [PDF]
S. Ercolano,G.L. Gaeta
Journal of Applied Sciences , 2011,
Abstract: This study presents an economic evaluation of the scrapping subsidies which have been often proposed in Italy during the past few years and represent-as the legislator clearly pointed out - a policy tool directed to reduce air pollution according to the EU’s politics of environmental conservation. As it’s clear, in this period of crisis of the whole economics and in particular of the automotive sector, such incentives might also offer support to the automotive industry. We carry out a regulatory impact evaluation (RIE, ex-post evaluation of existing norms) investigating the efficacy and efficiency (cost and benefits) of the subsidies that were in force in Italy in 2007, reaching useful conclusions for the improvement of this kind of measures. In this sense we try to define an example of Regulatory Impact Evaluation, complementary to a Regulatory Impact Analysis (RIA). From a methodological point of view, our work highlights three basic issues: (1) the importance of considering all the possible consumers’ strategic choices that follow the government’s introduction of incentives; (2) the importance of a correct specification of the time horizon considered in the evaluation of costs and benefits resulting from the introduction of the incentives, especially when they bring forward the purchase of goods which remains nevertheless inevitable at a later date and (3) the importance of a disaggregated analysis of all the costs and benefits for each subject directly or indirectly involved in the measure.
Intellectual Property Law & Competition Law
Atul Patel,Auro Aurobinda Panda,Akshay Deo,Siddhartha Khettry
Journal of International Commercial Law and Technology , 2011,
Abstract: Competition law and intellectual property rights (IPRs) have evolved historically as two separate systems of law. There is a considerable overlap in the goals of the two systems of law because both are aimed at promoting innovation and economic growth. Yet there are also potential conflicts owing to the means used by each system to promote those goals. IP laws generally offer a right of exclusive use and exploitation to provide a reward to the innovator, to provide an incentive to other innovators and to bring into the public domain innovative information that might otherwise remain trade secrets. Competition authorities regulate near monopolies, mergers and commercial agreements with the aim of maintaining effective competition in markets. This article introduces the concept of IPRs and Competition law. It highlights important areas of conflict between the two laws and also talks about the Indian scenario of antitrust law. It concludes by trying to harmonize the conflicts.
Austrian Economics - The Ultimate Achievement of an Intellectual Journey
Pascal Salin
Libertarian Papers , 2009,
Abstract: In this lecture delivered November 2008 on the occasion of the presentation of the Mises Institute’s Gary G. Schlarbaum Prize for lifetime achievement in the cause of liberty, Professor Salin discusses his discovery of Austrian economics and his involvement in “the world of individual liberty,” and draws various lessons from his intellectual journey. The coherence of Austrian economics appealed to Salin—it is not a patchwork of partial theories, but a logical process of thought founded on realistic assumptions about individual action. Salin also discusses differences between the Chicago and Austrian approaches, and his views about monetary systems.The financial crisis beginning in late 2008 is not a crisis of capitalism, but of state intervention, caused by the expansionary monetary policy of the Fed. Capitalism is the solution, not the cause. There is no need to create money. There is never any balance of payments problem. What is required is tax systems more friendly to capital accumulation, a decrease in the role of the state, the end of monetary policy and, if possible, the disappearing of central banks and the IMF.
An Economics-Based Second Law Efficiency  [PDF]
Karan H. Mistry,John H. Lienhard
Entropy , 2013, DOI: 10.3390/e15072736
Abstract: Second Law efficiency is a useful parameter for characterizing the energy requirements of a system in relation to the limits of performance prescribed by the Laws of Thermodynamics. However, since energy costs typically represent less than 50% of the overall cost of product for many large-scale plants (and, in particular, for desalination plants), it is useful to have a parameter that can characterize both energetic and economic effects. In this paper, an economics-based Second Law efficiency is defined by analogy to the exergetic Second Law efficiency and is applied to several desalination systems. It is defined as the ratio of the minimum cost of producing a product divided by the actual cost of production. The minimum cost of producing the product is equal to the cost of the primary source of energy times the minimum amount of energy required, as governed by the Second Law. The analogy is used to show that thermodynamic irreversibilities can be assigned costs and compared directly to non-energetic costs, such as capital expenses, labor and other operating costs. The economics-based Second Law efficiency identifies costly sources of irreversibility and places these irreversibilities in context with the overall system costs. These principles are illustrated through three case studies. First, a simple analysis of multistage flash and multiple effect distillation systems is performed using available data. Second, a complete energetic and economic model of a reverse osmosis plant is developed to show how economic costs are influenced by energetics. Third, a complete energetic and economic model of a solar powered direct contact membrane distillation system is developed to illustrate the true costs associated with so-called free energy sources.
Petroleum pollution prevention by law & economics analysis:Based on property rule, liability rule and inalienable rule

- , 2016, DOI: 10.11835/j.issn.1008-5831.2016.06.020
Abstract: 在法经济学领域中,“卡-梅框架”将侵权救济规则抽象成财产规则、责任规则与不可让渡规则三种类型。这一框架从分析法律规则的效果模式出发,以寻求“最有效率的权利保障”作为规则选择的取舍标准。“卡-梅框架”对于油污损害防治理论和实践的价值在于有助于重新审视相关法律规则的设置目的、适用场合及实践效果。油污防治法律规范的修改与完善需要对克服油污损害的外部成本以及实现法律的效率价值给予更多关注。
In variety of remedies for ecological damage which had caused by oil pollution, they can be found corresponding rule model in field of law and economics. Once oil contamination causes ecological damage, analyzing the efficiency of remedial rules has two advantages. On the one hand, it might be contribute to revise the costs & benefits and practical effect of the remedies which are being used to solve oil spill incidents such as the one happened in Bohai. On the other hand, it can provide theoretical basis for further choice when we choose different rules. Liability rule has three superiorities such as ex post relief, guardianship environmental public interest and executive power restriction when it is compared with other remedial rules. At this point, liability rule should come the main regulation for oil spill contamination. However, every relief measure has potential social cost. Therefore, liability rule should be coordinate with other regulations and reduce its valuation cost, then a high quality remedial plan with lower cost and massive benefits would be provided.
以信息对抗信息: 美国广告披露制度的法经济学分析
Information Supplement: A Law and Economics Analysis on the Advertising Disclosure Program

- , 2016,
Abstract: 摘要 强制广告披露是很多国家用来克制虚假广告的一项重要制度。本文在对美国广告披露制度的缘起、发展及其价值与实效争论的追溯与分析中,揭示了它的法经济学原则和价值,认为广告披露制度要求广告提供风险信息来补正广告中的片面或不实信息,是一种以“信息” 对抗“信息”的制度设计。它既尊重了企业的商业言论自由权利,又保护了消费者的知情权,还可以减少双方的交易成本和政府的监管成本,使消费者能够基于对交易关键事项的充分了解作出自主理性的消费决策。单从消费者角度来看,制度实施的效果并不完全理想,但就各方整体利益而言,它已然是一种较为公平、经济的制度安排。
As an important system fghting false advertising, the advertising disclosure program has been implemented in many countries. By tracing and analyzing the origination and application of the program as well as its detailed rules, related disputes in U.S., this paper intends to demonstrate its principles and values as well as the goal of law and economics, and concludes that the advertising disclosure program is an elaborate systematical design for fghting false advertising. It not only respects the freedom of commercial speech of enterprises, but also protects consumers’ right to know, and reduces the transaction and regulation costs, in which consumers could make independent rational consuming decisions based on key projects of their deals. Only from the perspective of consumers, the effect of institutional implementation is not perfect, but it is a relatively fair and economical system in terms of the whole social interest.
Gutiérrez-Rodríguez,Juan David;
International Law , 2009,
Abstract: the purpose of this document is to assess two questions that have a positive and normative nature respectively: 1) what incentives does the legal and institutional framework of the european community (ec) and the united states (federal level) provide to the different agents involved in antitrust proceedings in regards to the use of expert economic testimonies? 2) what legal and social norms could provide appropriate incentives to the different agents involved in antitrust proceedings in order to align the use of expert economic testimonies with antitrust enforcement goals? the research questions are assessed from a comparative law and economics approach. the law and economics approach is based upon the asymmetric information theory and principal-agent theory. the document contains five conclusions that may be summarized in the following statement: regarding expert economic testimonies, an antitrust enforcement system must aim at the minimization of its costs through the mitigation of the consequences of asymmetric information between the adjudicator and the expert. a cost-benefit analysis of the use of expert witnesses must take into account the incentives produced by the interaction among the different regulatory and non-regulatory features of the antitrust enforcement system.
Microeconomic Natural Law, Portfolio Principle and Economics Textbooks  [PDF]
Yi-Jang Yu
Modern Economy (ME) , 2016, DOI: 10.4236/me.2016.75063
Abstract: This study explains that, after combining the microeconomic natural law with the portfolio principle and a few bases in general economic analyses, the capability of managing all fundamental challenges in business operation, financing, and marketing can be directly established in economics textbooks. It is impossible to cover all critical topics; however, restoring economics as the foundation of all major disciplines for economic management can still be practically achieved. More crucially, by endogenizing the economic environment, such new economic textbooks can guide the chaotic economic world back to its normal conditions. The illustrated methodology is still far from perfect because the real synergistic effects cannot be quantitatively studied, and natural and social environments are still treated as exogenous factors in the analytical framework. Clearly, economics still has numerous challenges to overcome.
Economic Analysis of Law: An Inquiry of its Underlying Logic  [PDF]
Bingyuan Hsiung
Erasmus Law and Economics Review , 2006,
Abstract: Law and economics is a success story of interdisciplinary scholarship, and the success has been attributed to the strength of economics in providing a sound behavioral theory. It is argued in this paper, however, that this is only a partial explanation, for many issues in law are not directly related to human behavior per se. As such, in analyzing these issues, the legal economists rely mainly on the analytical logic of economic analysis. This often neglected aspect of economic analysis can be concisely illustrated by an A-A’ setup. The implications of the A-A’ setup are derived.
Page 1 /100
Display every page Item

Copyright © 2008-2017 Open Access Library. All rights reserved.