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The paper examines the potential of customary international law to protect global public goods. In particular, it focuses on the question whether customary law can contribute to the mitigation of climate change. The analysis proceeds in the three steps. First, it will have a closer look at the...
Persistent link: https://www.econbiz.de/10011331400
It is often observed in the literature on customary international law that the identification practice of the International Court of Justice for customary norms deviates from the traditional definition of customary law in Art. 38 (1) lit. b of the ICJ Statute. However, while there are many...
Persistent link: https://www.econbiz.de/10011580503
This contribution analyzes the role of consent in the formation of customary law. It will challenge the assumption that customary norms cannot bind states against their will. Relying on game theory, it will distinguish between different situations and argue that the role of consent differs...
Persistent link: https://www.econbiz.de/10010286698
More than one hundred years ago, the U.S. Supreme Court started to refer to social science evidence in its judgments. However, this has not resonated with many constitutional courts outside the United States, in particular in continental Europe. This contribution has a twofold aim. First, it...
Persistent link: https://www.econbiz.de/10010286714
There is a considerable debate in the legal literature about the purpose of antitrust institutions. Some argue that antitrust law merely serves the purpose of economic growth, while others have a broader perspective on the function of antitrust, maintaining that the prevention of economic...
Persistent link: https://www.econbiz.de/10010286732
The paper is concerned with the incorporation of polyhedral cone constraints on the virtual multipliers in DEA. The incorporation of probabilistic bounds on the virtual multipliers based upon a stochastic benchmark vector is demonstrated. The suggested approach involves a stochastic (chance...
Persistent link: https://www.econbiz.de/10011154970
The paper examines the potential of customary international law to protect global public goods. In particular, it focuses on the question whether customary law can contribute to the mitigation of climate change. The analysis proceeds in the three steps. First, it will have a closer look at the...
Persistent link: https://www.econbiz.de/10011199812
This paper uses Data Envelopment Analysis (DEA) for an estimation of the cost efficiency of 70 Danish hospitals. The analysis relates to a cost function based on 483 outputs in combination with a set of probabilistic assurance regions defined by the cost distributions for each output. It is...
Persistent link: https://www.econbiz.de/10010865995