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A common (but not always justified) criticism of arbitration is that arbitral tribunals take too long to render awards. Indeed, there are cases where parties had to wait up to four years for an arbitral award after the close of proceedings. Any such significant delay will have a negative effect...
Persistent link: https://www.econbiz.de/10013061613
When enforcement resources are limited, how should the scarce enforcement resources be allocated to increase compliance with the law? The answer to this question can determine to what extent the law on the books translates to the law in practice. A dominant school of thought in the tax...
Persistent link: https://www.econbiz.de/10013061796
This unique instructional text combines substantial coverage of both the U.N. Convention on Contracts for the Sale of Goods (the CISG) and International Commercial Arbitration, emphasizing the significance of both in promoting transactions in goods across national borders. The book sets the...
Persistent link: https://www.econbiz.de/10013062119
The most prominent features of the landscape of fiduciary law are the no-conflict and no-profit rules. This paper aims to clarify the differences between existing accounts of these rules, and to propose my own argument for their justification. It first distinguishes between arguments that they...
Persistent link: https://www.econbiz.de/10013062265
Drawing on general criminological research and literature on enforcement, the article comprehensively examines whether it is 'essential' to employ imprisonment sanctions in the enforcement of market abuse regulations. The article takes an evidence-based and comparative approach to the question...
Persistent link: https://www.econbiz.de/10013062375
One of the criticisms against the new rules applicable to the granting of State aid to finance the provision of services of general economic interest in the "Almunia package" is that enforcement is likely to be their weakest point. Similarly, in the more general setting of the "private"...
Persistent link: https://www.econbiz.de/10013063832
Whistleblower laws are becoming important governance tools in both the public and private sectors. To examine the effectiveness of whistleblower laws and their awareness, this study creates a unique Internet-based measure of awareness about whistleblower laws and provisions, focusing on the...
Persistent link: https://www.econbiz.de/10013063879
What can public authorities do in order to promote regulatory compliance? This paper argues that understanding the compliance motives is key to any enforcement strategy. Simply stepping up the enforcement effort or stiffening penalties is – most of the time – quite ineffective. Especially...
Persistent link: https://www.econbiz.de/10013064296
Observers who are angered by rule violations and punish violators often play a critical role in enforcement. Hence a key question is: when will noncompliance provoke anger, and when will it be excused? This paper develops a theory of rule compliance as the outcome of a two-person Bayesian game....
Persistent link: https://www.econbiz.de/10013064725
We study the effect of two local immigration enforcement policies – Section 287(g) of the Illegal Immigration Reform and Immigrant Responsibility Act and the Secure Communities Program (SC) – that have escalated fear and risk of deportation among the undocumented on the health and mental...
Persistent link: https://www.econbiz.de/10012922215