scholarly journals Fenomen brexitu w rozważaniach szkoły prawa i ekonomii

Politeja ◽  
2020 ◽  
Vol 17 (3(66)) ◽  
pp. 145-156
Author(s):  
Artur Niedźwiecki
Keyword(s):  
European Union ◽  
Great Britain ◽  
Economic Analysis ◽  
Qualitative Method ◽  
Law And Economics ◽  
The Other ◽  
The European Union ◽  
Economic Analysis Of Law ◽  
Research School ◽  
Limited Applicability

The Phenomenon of Brexit in the Considerations of the School of Law and Economics The article addresses the issue of Brexit in the context of economic analysis of law using a qualitative method, namely the textual analysis of selected papers devoted to both the process of secession of Great Britain from the European Union and the aforementioned research school. The hypothesis of this work is as follows: economic analysis of law reveals limited applicability to the exegesis of the Community disintegration mechanisms, including Brexit, which is one of the symptoms of these processes. According to the author, it reveals certain shortcomings in the research procedures regarding the phenomenon of EU decomposition, although, on the other hand, some of its components still remain valid.

Brexit a liberalna teoria stosunków międzynarodowych.

2019 ◽  
Vol 1 ◽  
pp. 9-20
Author(s):  
Artur Niedźwiecki
Keyword(s):  
European Union ◽  
International Relations ◽  
Qualitative Method ◽  
The Other ◽  
Liberal Theory ◽  
The European Union ◽  
Current Trends ◽  
Decomposition Processes ◽  
Limited Applicability ◽  
Liberal Approach

Hereby paper is dedicated to the issue of Brexit in the context of liberal theory of international relations, mainly by adoption of the qualitative method of textual examination of selected works, devoted to the abovementioned paradigm. The hypothesis of this article is a statement that liberal approach has a limited applicability to description of community disintegration mechanisms, including Brexit as their unquestionable syndrome. Existing theories of European integration, of which liberalism is one of the most influential theoretical schemes, reveal several malfunctions in exploration of Union’s decomposition processes, however, on the other hand, some of their specific components still remain valid. The above issue exposes a demand for investigating new tools and researching methods to scrutinize current trends in the European Union that would allow to review the present state of this organization in a more adequate manner.

Comparative Law and Economic Analysis of Law

2019 ◽  
pp. 825-851 ◽  
Author(s):  
Florian Faust
Keyword(s):  
Economic Analysis ◽  
Subject Matter ◽  
Law And Economics ◽  
Comparative Law ◽  
Case Law ◽  
The Other ◽  
Economic Analysis Of Law ◽  
The Subject ◽  
The Relationship

This chapter discusses the relationship between comparative law and economic analysis of law. After providing an overview of the characteristics of the economic analysis of law, it explains how one of the two disciplines can operate as an ancillary discipline to the other; this has been termed ‘Comparative Law and Economics’. The next section describes how comparative law and economic analysis of law can be brought together by making one discipline the subject matter of the other. It suggests that the role of economic analysis of law may be greater in case law systems than in codified systems and that this role may vary according to the subject of legislation. The section concludes with considerations on the role comparative law plays and should play in different contexts. Finally, it is argued that comparative law and economics should not be considered a discipline on its own.

Comparative Law and Economic Analysis of Law

2006 ◽  
pp. 836-866
Author(s):  
Mathias Reimann
Keyword(s):  
Economic Analysis ◽  
Subject Matter ◽  
Law And Economics ◽  
Comparative Law ◽  
The Other ◽  
Economic Analysis Of Law ◽  
The Subject

This article outlines the characteristics of the economic analysis of law only as far as is necessary for an understanding of the links between economic analysis and comparative law. Due to the fundamental differences between the two disciplines, they complement each other and it is possible to connect them in various ways. The article discusses how one field can operate as an ancillary discipline to the other; this is what, in recent years, has been termed ‘Comparative Law and Economics’. However, it is also possible to link the two disciplines in a different fashion, that is, by making one the subject-matter of the other. So far, little has been published on this subject.

scholarly journals Free Trade Agreement with the European Union and food sovereignty in Ecuador: A review from the Economic Analysis of Law

2020 ◽  
pp. 166-190
Author(s):  
Antonella Silvana Paredes Torres
Keyword(s):  
European Union ◽  
Economic Analysis ◽  
Free Trade ◽  
Free Trade Agreement ◽  
Food Sovereignty ◽  
Trade Agreement ◽  
The European Union ◽  
Economic Analysis Of Law ◽  
Sustainable Food ◽  
Poverty And Inequality

This research article analyzes the current situation of food sovereignty in Ecuador linked with the Free Trade Agreement between Ecuador, Peru Colombia and the European Union (FTA), after almost four years of its entry into force, considering the impacts of the sanitary and economic crisis generated by the coronavirus pandemic in Ecuador, which has produced significant consequences for small food producers, specially in terms of poverty and inequality. In addition, this article aims to present a review of the implications that the Free Trade Agreement has had on the food sovereignty regime in Ecuador, from the economic analysis of law, analyzing whether this international instrument reduces transaction costs and is efficient in terms of food sovereignty, or whether an inalienability rule should be applied to counteract the externalities it generates in sustainable food production aligned with food sovereignty.

Behavioral Law and Economics

2018 ◽  
Author(s):  
Eyal Zamir ◽  
Doron Teichman
Keyword(s):  
Economic Analysis ◽  
Bounded Rationality ◽  
Law And Economics ◽  
Empirical Studies ◽  
Securities Regulation ◽  
Critical Examination ◽  
Entire Body ◽  
Economic Analysis Of Law ◽  
Behavioral Law And Economics ◽  
The Impact

In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. The book surveys the entire body of psychological research underpinning behavioral analysis of law, and critically evaluates the core methodological questions of this area of research. The book then discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for establishing the aims of legislation, and the means of attaining them. This is followed by a systematic and critical examination of the contributions of behavioral studies to all major fields of law—property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law—as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.

Euro-English: A Swedish perspective

English Today ◽  
2003 ◽  
Vol 19 (2) ◽  
pp. 35-41 ◽  
Author(s):  
Marko Modiano
Keyword(s):  
European Union ◽  
Native Speakers ◽  
Native Speaker ◽  
The Other ◽  
The European Union ◽  
Lingua Franca ◽  
European Continent

This survey considers the emergence of English as a language shared across the European Union in particular and the European continent at large, and together with its distinctive ‘lingua franca’ dimension among the mainland European nations. It considers in particular the situation of ‘non-native speakers’ who regularly use the language as well as the concept of a ‘Euro-English’ in general and the Swedish, ‘Swenglish’ and English relationship on the other. It concludes by considering the liberation of non-native users from ‘the beginning of native-speaker norms’.

If in Doubt, Leave it Out? EU Precaution in WTO Regulatory Space

2010 ◽  
Vol 1 (1) ◽  
pp. 20-30 ◽  
Author(s):  
James Flett
Keyword(s):  
European Union ◽  
Political Authority ◽  
The Other ◽  
The Political ◽  
International Level ◽  
Eu Law ◽  
The European Union ◽  
International Organisations ◽  
Balanced Approach ◽  
Available Information

This article reviews the way in which the concept of precaution, as commonly referenced in EU law, is received in the WTO. It argues that precaution is not a principle, but one facet of a principle of making rational judgments based on available information, the other facet of which is “that risk is worth taking”. Systematically pursuing high cost measures in response to low risks is not a balanced approach, and has probably contributed to the scepticism with which the concept is viewed in the WTO. However, this article goes on to argue that, without needing to be a principle, precaution is the determining legal feature in the SPS Agreement, because, unlike in the European Union, there is no legislative harmonisation of SPS measures at international level, WTO Members being free to set their own appropriate level of protection. In fact, the concept of precaution is relevant in the context of many other WTO provisions and is in some respects quite close to the concept of subsidiarity. Notwithstanding this, the first WTO SPS cases, driven by regulatory exporters and an interventionist WTO, have excessively emphasised scientific issues, masking policy judgments that the WTO has neither the legal nor the political authority to sustain. The article concludes that the proper way forward necessitates closer political, legal and administrative links between the WTO and other relevant international organisations, and a move away from consensus in the latter.

Moving Beyond Procedure

2002 ◽  
Vol 35 (7) ◽  
pp. 784-813 ◽  
Author(s):  
AMIE KREPPEL
Keyword(s):  
European Union ◽  
European Parliament ◽  
Decision Procedures ◽  
The Other ◽  
Current Debate ◽  
Legislative Process ◽  
The European Union ◽  
The Impact ◽  
Legislative Influence

This article examines the influence of the European Parliament (EP) within the legislative process of the European Union. Although debate over the impact of the cooperation and co-decision I procedures continues, this article argues that, in part, the current theoretical debate is a false one that has caused many of the other important variables that affect EP legislative influence to be ignored. This article briefly revisits the current debate, then proceeds to an analysis of the success of more than 1,000 EP amendments under the cooperation and co-decision procedures. This evidence suggests that numerous other variables, such as internal EP unity and type of amendment made, have a significant impact on EP success, even controlling for procedure. In addition, this comparison points out some empirical differences between the two procedures that have been largely ignored in the theoretical debate but that nonetheless have a significant impact of EP success and merit further study.

Neither here, not there: Bulgaria and Romania in current European politics☆

2004 ◽  
Vol 37 (4) ◽  
pp. 509-522 ◽  
Author(s):  
Victor D. Bojkov
Keyword(s):  
European Union ◽  
Regional Cooperation ◽  
Eu Enlargement ◽  
Political Transition ◽  
The Other ◽  
European Politics ◽  
The European Union ◽  
Southeast Europe ◽  
The Eu

The article analyses the process of EU enlargement with reference to the progress that Bulgaria and Romania have made within it. It is argued that leaving them out of the wave of accession finalised in May 2004 for ten of the candidate states, has placed them in a situation of double exclusion. Firstly, their geographical belonging to the region of Southeast Europe has been rendered non-essential by their advanced position within the EU enlargement process. Secondly, their achievement in economic and political transition has been removed from the progress of the ten states, which joined the EU in May 2004 by delaying the time of their accession. As a result, any efforts in regional cooperation and integration between Bulgaria and Romania on one hand, and other Southeast European states on the other, have been effectively cancelled. Moreover, in current European politics, the two countries have come to serve the unenviable role of exemplifying on the part of the European Union how progress is being awarded and hesitation punished.

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