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How should we think about crime deterrence in times of pandemics? The economic analysis of crime tells us that potential offenders will compare the costs and the benefits from crime and from innocence and then choose whichever option is more profitable. We must therefore ask ourselves how this...
Persistent link: https://www.econbiz.de/10014501454
We analyze the countervailing incentives that mid-level appellate judges face when deciding whether to remand a case back to the lower court. Although appellate courts' ability to remand cases can mitigate moral hazard problems, by restraining trial court judges, it may sometimes instead...
Persistent link: https://www.econbiz.de/10012118191
Constitutional loyalty, the importance ascribed to complying with constitutional rules, is difficult to measure across countries due to differences in context, history, and culture. We overcome this challenge by exploiting the COVID-19 pandemic as an ideal setting in which societies around the...
Persistent link: https://www.econbiz.de/10012804606
It is hypothesized that prosecution agencies that are dependent on the executive have less incentives to prosecute crimes committed by government members which, in turn, increases their incentives to commit such crimes. Here, this hypothesis is put to an empirical test focusing on a particular...
Persistent link: https://www.econbiz.de/10010270593
Empirical research shows that international human rights law is to a large extent ineffective. Individual complaint mechanisms are the only significantly effective enforcement mechanism. Certainly many variables influence the success of enforcement through judicial or quasi-judicial mechanisms...
Persistent link: https://www.econbiz.de/10010270596
Persistent link: https://www.econbiz.de/10010270597
It is hypothesized that prosecution agencies that are dependent on the executive have less incentives to prosecute crimes committed by government members which, in turn, increases their incentives to commit such crimes. Here, this hypothesis is put to an empirical test focusing on a particular...
Persistent link: https://www.econbiz.de/10010270598
Framing is pervasive in public international law. International legal norms (incl. soft law) and international politics both inevitably frame how international actors perceive a given problem. Although framing has been an object of study for a long time - be it in domestic or international...
Persistent link: https://www.econbiz.de/10012260660
The question of why states comply with international law has long been at the forefront of international law and international relations scholarship. The compliance discussion has largely focused on negative incentives for states to comply. We argue that there is another, undertheorized...
Persistent link: https://www.econbiz.de/10012430599
This Perspective evaluates the possibility that emergency measures that countries are currently taking to mitigate the effects of the global financial crisis will give rise to liability under international investment law.
Persistent link: https://www.econbiz.de/10013192876