More and more employees have rules about not been a dork online
04 May 2015 Leave a comment
in economics of media and culture, labour economics, law and economics, occupational choice, property rights Tags: employment law
What are the prices on the black market for animal parts?
01 May 2015 Leave a comment
in economics of crime, economics of regulation, entrepreneurship, environmentalism, law and economics, property rights Tags: black markets, economics of prohibition, endangered species, offsetting behaviour, or unintended consequences
Animated #Dailychart: Bear bile, rhino horn, tiger bone–how much do animal products cost? econ.st/1nfrFKf http://t.co/oG5HtZvzOL—
The Economist (@ECONdailycharts) July 23, 2014
Gary Libecap: Global environmental externalities, property rights, and public policy – Coase conference video
20 Apr 2015 Leave a comment
in economics of regulation, environmental economics, law and economics, property rights, Ronald Coase Tags: Coase conference, Gary Libecap
Sam Peltzman: Future directions of research in the Coasean tradition – Coase conference video
19 Apr 2015 Leave a comment
in law and economics, property rights, Ronald Coase, Sam Peltzman Tags: Coase conference
Sharia law, arbitration law and family law
16 Apr 2015 Leave a comment
in economics of religion, law and economics, politics - Australia, property rights Tags: economics of contracts, family law, rule of law, Sharia law
Sharia law is part of a general issue of private arbitration in religious courts. There are rabbinical courts doing private arbitration among Orthodox Jews in the UK. There is a famous paper about extra-legal enforcement of contracts among Orthodox Jews in the diamond trade.
Success in the industry requires enforcing executory agreements that are beyond the reach of public courts, and Jewish diamond merchants enforce such contracts with a reputation mechanism supported by a distinctive set of industry, family, and community institutions. An industry arbitration system publicizes promises that are not kept. Intergenerational legacies induce merchants to deal honestly through their very last transaction, so that their children may inherit valuable livelihoods. And ultraorthodox Jews, for whom participation in their communities is paramount, provide important value-added services to the industry without posing the threat of theft and flight.
The British law society copped a lot of flak for issuing practice notes explaining how to write wills that were compliant with Islamic family law.
In any case, any will is always subject to laws about providing for the family and for dependent children and can be overridden on those grounds, no matter how they are written.
Peter Sellers left each of his adult children £750 because he wanted to disinherit them. Under the case law at that time, if you left your children nothing, the courts somehow persuaded themselves that you had forgotten to provide for them so they amended the will. By Sellers leaving them this small sum of money, he made it clear that he wanted the limit how much he gave his children.
In the UK, rulings handed down by the Muslim Arbitration Tribunal can be legally binding. This is because the Arbitration Act 1996 allows almost any body to act as a dispute resolution service if both parties agreed to be bound by its decision.
There is a bill before the House of Lords amending the Arbitration Act to ensure that the evidence of men and women are weighed equally and penalties to apply to any body purporting to have the powers of a court of law.
The UK parliament also passed a Forced Marriages Act a few years ago. This law included penalties for people who threaten self-harm if someone didn’t go through with an arranged marriage.
The ease of enforcing contractual rights in Europe
11 Apr 2015 Leave a comment
in Euro crisis, law and economics, macroeconomics, property rights Tags: ease of doing business, European Union, Eurosclerosis, Greece, rule of law
Is this the beginning of the rule of law in China? The right to say no to local bureaucrats?
24 Mar 2015 Leave a comment
in development economics, growth miracles, law and economics, property rights Tags: China, compulsory acquisition, rule of law, takings
The North–South theory of product life cycles
23 Mar 2015 Leave a comment
in comparative institutional analysis, entrepreneurship, industrial organisation, law and economics, managerial economics, organisational economics, property rights, survivor principle, theory of the firm Tags: entrepreneurial alertness, foreign direct investment, incomplete contracts, incomplete property rights, North-South product life cycle, product life cycles
Forecasts of the offshoring of service jobs, as an example, can be constituted into a theory of North-South product cycles. The North-South theory of the life cycle of products starts with their research and development and refinement by entrepreneurs in the advanced countries (the North) with some exporting (Grossman and Helpmann 1991a, 1991b). These innovations require resources to be invested with uncertain prospects of success. Entrepreneurs in the North compete to discover new technology-intensive products using the ample supply of R&D workers and human capital-rich workers in the industrialised countries (Grossman and Helpmann 1991a, 1991b).

As a new product matures and its production becomes more standardised, the bulk of its production can migrate to the less developed countries (the South) to take advantage of lower production costs, and these countries will become net exporters. In the South, entrepreneurs focus more on imitation. They invest resources in importing and learning the production processes developed and proven to be a success in the North (Grossman and Helpmann 1991a, 1991b).
The shifting of production of standardised products to lower-wage foreign locations will frequently be within the originating company via a foreign affiliate, because of uncertainties about property rights and contract enforcement institutions in the host countries, and only later to independent foreign firms (Antràs 2005). Within corporate hierarchies, the high-skilled managers in the developed countries will specialise in problem-solving and non-routine tasks. They will interact with middle managers and production workers in developing countries who perform the routine tasks (Antràs et al. 2006, 2008).
Contracts are typically incomplete either because they are difficult to write and/or because the court cannot enforce them. The World Trade Organization (2005, 2008) concluded that, for example, the location of offshored services depends on:
- labour costs,
- trade costs,
- the quality of institutions, particularly the legal framework,
- the tax and investment regime,
- the quality of infrastructure, particularly telecommunications, and
- skills, particularly language and computer skills.
Risks in contract negotiation and enforcement will influence which types of production is outsourced. Roughly one-third of world trade is infra-firm, and this intra-firm trade is concentrated in the capital-intensive industries because of the costs and risks of investing in contracting with arm’s-length suppliers (Antràs 2003). Considerations about R&D incentives, the availability of human capital and the quality of contract enforcement institutions weigh heavily on the development of new products and their initial and later locations of different stages of production.
Products are initially developed in the highly industrialised countries because their sophisticated legal systems allow contracts to be enforced. Even then, in industrialised countries, the difficulties of writing and enforcing complicated contracts over the quality of new products early in the product life cycle encourages firms to make those products internally within the firm. Early in the product life cycle, if sub-contractors were used for key imports, there would have to be continual renegotiation of contracts contracts to incorporate new innovations and learning by doing. As Antras says:
Global production networks necessarily entail intensive contracting between parties located in different countries and thus subject to distinct legal systems0
As the new product standardises, and product quality in consequence becomes easier to measure and contract over, initially the innovating firm will sub-contract within the industrialised country but in time will import from developing countries. In the first instance, these imports may be from affiliates established in the developing country to ensure greater control of product quality through direct ownership of the factory. As Antras says:
Firms contemplating doing business in a country with weak contracting institutions might decide to do so within firm boundaries to have more control.
The size and shape of the firm is a direct response to mitigate the costs of contracting over quality that is hard to measure and which is constantly changing early in the product cycle. By assigning ownership rights to the party undertaking the more important investment in quality early in the product life cycle, entrepreneurs and innovators can minimise the losses caused by lack of enforceable contracts over quality when quality is changing rapidly as the firm moves through the product life cycle.
Boeing blamed the delays on the delivery of the Dreamliner on an unwillingness of sub-contractors to stand by their contractual obligations. In response, Boeing acquired some of the key sub-contractors to ensure that they delivered as promised. This is a classic operation of the theory of the firm where the entrepreneur brings within the firm what is too expensive to transact on the market because of difficulties in measuring quality and defining and enforcing property rights over what has been contracted.
Sales to locations with weak contractual enforcement are more likely to be cash in advance
22 Mar 2015 Leave a comment
in comparative institutional analysis, development economics, law and economics, property rights

In another triumphant British Justice, trade credit is much more likely in common law countries and in countries with honest courts.
David Friedman on global warming, population and problems with the externality argument
02 Mar 2015 Leave a comment
in applied price theory, applied welfare economics, comparative institutional analysis, constitutional political economy, David Friedman, economic history, economics of information, economics of regulation, environmental economics, environmentalism, global warming, law and economics, population economics, property rights Tags: climate alarmism, competition as a discovery procedure, David Friedman, externalities, global warming, population bomb, The fatal conceit, The pretence to knowledge
Buzz Aldrin punches Moon landing conspiracy theorist stalker after being harassed by him
15 Feb 2015 1 Comment
in economics of crime, economics of media and culture, health economics, law and economics, property rights Tags: Buzz Aldrin, conspiracy theorists, moon landing hoax, privacy, self-defence, stalking
HT: Liar_tuck
An alternative to the no fault Accident Compensation Scheme in New Zealand
13 Feb 2015 Leave a comment
in health and safety, labour economics, law and economics, politics - Australia, politics - New Zealand, property rights Tags: ACC, accident compensation, right to sue, workers' compenstaion, workplace fatalities
New Zealand has a unique government monopoly since 1974 which provides compensation for personal injuries from accidents wherever they may occur in New Zealand.
The right to sue in court under tort law was abolished. Instead, there is a lower but more certain right to be compensated for loss of income and medical expenses and various other losses. The scheme is funded by a levy of about 1.4% on incomes earned, insurance premiums paid by employers and levies on motor car registrations.
The scheme essentially folds no fault workers compensation and no fault car accident insurance into a scheme that covers you for all other accidents.
What is peculiar is the abolition of the right to sue in court for ordinary damages. I never liked this taking away of the right of vindication in court.

In Australia, they have a much simpler system in some states. You can sue for personal injury under the common-law, but any damages you might win for loss of income, medical expenses and other losses is deducted dollar for dollar from any of damages you might be awarded under the compulsory insurance scheme for either workplace or car accidents. This system allows everyone to be compensated to some degree and protected against judgement proof employers, car owners and other wrongdoers. It also saves on legal costs.
The Australian dual system both gives people the right of vindication and allows those who are poorly compensated by the government monopoly to continue to be compensated for losses. For example, the compensation for lost income under the government monopoly is based on your last 12 months income rather than prospective income. This seriously disadvantages young people and students in particular at the start of their working lives and mothers who are out of the workforce.
Another thing I like about the Australian system and deeply dislike about the New Zealand system is you do not have the right to sue cowboy employers to bankrupt them.
The system of funding in New Zealand is simply a flat rate premium applies the different occupations. Premiums do not increase for high risk employers or employers who repeatedly have accidents because they are careless or negligent. This increases the number of accidents and deaths. The penalties for workplace accidents and deaths under New Zealand workplace safety regulation are rather weak. Reckless employers are fined, no one is bankrupted nor goes to prison.
The government monopoly insurer of personal accidents in New Zealand also doesn’t pay for pain and suffering. Initially it did, but that right of compensation was taken away as a cost-cutting measure about 20 years ago. Prior to that pain and suffering compensation was initially limited to $10,000, then increased to $17,000 before it was abolished.
This lack of a legal remedy for the pain and suffering from a personal injury is a grave injustice. The courts were pretty stingy on pain and suffering, so the government monopoly has taking away what was a pretty limited right anyway, but a very important right nonetheless. That common-law right was to be made whole again after being injured wrongfully.


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