Pub Date : 2014-03-08DOI: 10.1007/978-3-319-09677-3_11
Arne Pilniok
{"title":"Changing European Governance of Research: A Public Law Perspective","authors":"Arne Pilniok","doi":"10.1007/978-3-319-09677-3_11","DOIUrl":"https://doi.org/10.1007/978-3-319-09677-3_11","url":null,"abstract":"","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"39 10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127041039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Russian Abstract: В работе рассмотрены теоретические основы кадровой работы в системе государственной службы, на базе которых сформулированы практических рекомендации по совершенствованию законодательства в сфере кадрового обеспечения государственной гражданской службы в Российской Федерации, которое является одним из актуальных направлений реформирования системы государственной службы. Реализация административной реформы в России должна привести к снижению избыточного государственного регулирования, повышению качества государственных услуг гражданам и организациям, эффективности органов государственной власти и повышению информационной открытости.English Abstract: In the present research, we have developed a conceptual framework for human resource management in the system of public administration and offered practical recommendations for improving national legislation regulating recruitment practices for civil service, which is one of the promising avenues for administrative reform. The public management reform in the Russian Federation should reduce excessive state regulation, improve the quality of public services for citizens and organizations, enhance the efficiency of government bodies, and increase transparency.
{"title":"Совершенствование Правового Регулирования Кадрового Обеспечения Государственной Службы (Improving of the Legal Regulation of Public Service Staffing)","authors":"Elenа Yurievna Kireevа","doi":"10.2139/ssrn.2598419","DOIUrl":"https://doi.org/10.2139/ssrn.2598419","url":null,"abstract":"Russian Abstract: В работе рассмотрены теоретические основы кадровой работы в системе государственной службы, на базе которых сформулированы практических рекомендации по совершенствованию законодательства в сфере кадрового обеспечения государственной гражданской службы в Российской Федерации, которое является одним из актуальных направлений реформирования системы государственной службы. Реализация административной реформы в России должна привести к снижению избыточного государственного регулирования, повышению качества государственных услуг гражданам и организациям, эффективности органов государственной власти и повышению информационной открытости.English Abstract: In the present research, we have developed a conceptual framework for human resource management in the system of public administration and offered practical recommendations for improving national legislation regulating recruitment practices for civil service, which is one of the promising avenues for administrative reform. The public management reform in the Russian Federation should reduce excessive state regulation, improve the quality of public services for citizens and organizations, enhance the efficiency of government bodies, and increase transparency.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114965274","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article points out that procurement law is likely to have the side effect of hindering the development of IPPP contracts by introducing uncertainties regarding IPPP contracts´ classification for the purpose of its procurement. Keeping in mind the Commission´s policy of promoting IPPP contracts across the EU and the potential of IPPP contracts to deliver better quality, more innovative and on time projects as well as their ability to secure better value for money it is argued that such a state of affairs is unwanted. Therefore, the author claims that the Court of Justice (CJ) and the Commission should recognize IPPP contracts as indivisible mixed contracts and establish requirements that need to be fulfilled for such an indivisibility to be granted. The purpose of this article is to discuss the EU public procurement regime established in Directive 2014/24/EU1 (further: the Directive) as a framework for the award of IPPP contracts and the impact of IPPP contracts´ characteristics on the complexity of the tender process. Even though the new procurement directive introduces a number of simplified rules and procedures, still the questions regarding IPPP contracts´ classification and uncertainties following from recent case law stay present. The fundamental bases for the discussion are the outcomes of the Loutraki case and the Oulun kapunki case.
{"title":"Institutionalised Public-Private Partnership (IPPP) as a Mixed Contract in the Regime of the New Directive 2014/24/EU.","authors":"Marta Andhov","doi":"10.2139/SSRN.2911821","DOIUrl":"https://doi.org/10.2139/SSRN.2911821","url":null,"abstract":"This article points out that procurement law is likely to have the side effect of hindering the development of IPPP contracts by introducing uncertainties regarding IPPP contracts´ classification for the purpose of its procurement. Keeping in mind the Commission´s policy of promoting IPPP contracts across the EU and the potential of IPPP contracts to deliver better quality, more innovative and on time projects as well as their ability to secure better value for money it is argued that such a state of affairs is unwanted. Therefore, the author claims that the Court of Justice (CJ) and the Commission should recognize IPPP contracts as indivisible mixed contracts and establish requirements that need to be fulfilled for such an indivisibility to be granted. \u0000The purpose of this article is to discuss the EU public procurement regime established in Directive 2014/24/EU1 (further: the Directive) as a framework for the award of IPPP contracts and the impact of IPPP contracts´ characteristics on the complexity of the tender process. Even though the new procurement directive introduces a number of simplified rules and procedures, still the questions regarding IPPP contracts´ classification and uncertainties following from recent case law stay present. \u0000The fundamental bases for the discussion are the outcomes of the Loutraki case and the Oulun kapunki case.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"557 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123128440","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study is devoted to find out public library development in Karachi under the local government set up. There are two parallel public library systems in Karachi, i.e. Karachi Metropolitan Corporation (KMC) and City District Government Karachi (CDGK) which are studied through a survey. Questionnaire was distributed among the library personnel and users. On the basis of response and observations findings are reproduced in this article.
{"title":"Public Library System and Local Government’s Financial and Legal Support","authors":"Atiya Khan","doi":"10.2139/ssrn.2372020","DOIUrl":"https://doi.org/10.2139/ssrn.2372020","url":null,"abstract":"This study is devoted to find out public library development in Karachi under the local government set up. There are two parallel public library systems in Karachi, i.e. Karachi Metropolitan Corporation (KMC) and City District Government Karachi (CDGK) which are studied through a survey. Questionnaire was distributed among the library personnel and users. On the basis of response and observations findings are reproduced in this article.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"219 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115587964","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This working paper is the precursor to a chapter I am writing for an edited collection on substantive judicial review. In this working paper, I argue against the two dominant schools of thought in this area, according to which substantive review is either bifurcated (by reference to the reasonableness and proportionality doctrines) or the preserve only of the proportionality doctrine. I go on to argue that the existing debate places undue emphasis upon doctrinal considerations, and that a better approach is to place the concept of justification centre-stage. I then develop a notion of justification around two ideas of deference, which are concerned respectively with the allocation to the decision-maker of a justificatory burden and the determinination by the court of whether that burden has been discharged.
{"title":"Justification, Calibration and Substantive Judicial Review: Putting Doctrine in its Place","authors":"M. Elliott","doi":"10.2139/ssrn.2327531","DOIUrl":"https://doi.org/10.2139/ssrn.2327531","url":null,"abstract":"This working paper is the precursor to a chapter I am writing for an edited collection on substantive judicial review. In this working paper, I argue against the two dominant schools of thought in this area, according to which substantive review is either bifurcated (by reference to the reasonableness and proportionality doctrines) or the preserve only of the proportionality doctrine. I go on to argue that the existing debate places undue emphasis upon doctrinal considerations, and that a better approach is to place the concept of justification centre-stage. I then develop a notion of justification around two ideas of deference, which are concerned respectively with the allocation to the decision-maker of a justificatory burden and the determinination by the court of whether that burden has been discharged.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129750561","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The intricate procedural and data-driven decision trees that play a critical role in complex financial contracts like cash distribution waterfalls in structured finance agreement indentures (e.g., collateralized debt obligations (CDOs)), master limited partnership agreements, and private equity fund agreements are inefficiently depicted as written contracts. As Professor Henry Hu explains in Too Complex to Depict? the difficulty of translation — or depiction — between original mathematical models, plain English prospectuses, legal contracts, and programmed execution means that often the written depictions that form the basis of disclosures do not accurately define the act of execution. To overcome this, the SEC proposed an amendment to Regulation AB that would require disclosure of special-made cash flow waterfalls programs for asset-backed securities (ABS) to escape the limitations of language. British and Australian regulators have already implemented a similar code disclosure regime. Likewise, Professor Hu goes further and supports a “perfect information” model that presumably would require disclosure of the actual computer programs used by, e.g., CDO trustees to execute cash distributions.These proposals and implementations create a new problem: perception. In the status quo, problems of depiction mean that the two disclosed documents — contract and prospectus (or offer memorandum) — must be interpreted by the parties to determine what the reality of execution of the deal — calculating cash payments — will or should look like. The SEC and Professor Hu add a third, distinct, legally binding depiction: the code. While that code might accurately depict execution before a dispute, in the event of a dispute, all three depictions will be in play and could influence what the future reality of cash distribution will be. Each additional legally relevant disclosure increases the challenge for dealmakers trying to predict what will happen in the event of a dispute.This Article proposes reducing the number of legally relevant depictions of largely procedural arrangements to one: the code. Rather than add the code as yet another disclosure, in deals between sophisticated investors concerning these complex products, the dealmakers should not only disclose the code but negotiate about the code directly. Following the model of construction contracts that incorporate blueprints, financial contracts should incorporate the code that will be used to calculate the cash distribution. This solves the problems of depiction and perception because the code both describes and executes the agreement, and in turn reduces risk in these deals.Part I.A. describes the exemplar product: the CDO. Part I.B expands Professor Hu’s description of the intermediary depiction problem by explaining the problem of perception of the future legal reality and its impact on business risk. Part II.A proposes reducing human discretion in procedural financial arrangements to facilitate coded
{"title":"Too Complex to Perceive? Drafting Cash Distribution Waterfalls Directly as Code to Reduce Complexity and Legal Risk in Structured Finance, Master Limited Partnership, and Private Equity Transactions","authors":"R. C. Mayrell","doi":"10.58948/2331-3528.1853","DOIUrl":"https://doi.org/10.58948/2331-3528.1853","url":null,"abstract":"The intricate procedural and data-driven decision trees that play a critical role in complex financial contracts like cash distribution waterfalls in structured finance agreement indentures (e.g., collateralized debt obligations (CDOs)), master limited partnership agreements, and private equity fund agreements are inefficiently depicted as written contracts. As Professor Henry Hu explains in Too Complex to Depict? the difficulty of translation — or depiction — between original mathematical models, plain English prospectuses, legal contracts, and programmed execution means that often the written depictions that form the basis of disclosures do not accurately define the act of execution. To overcome this, the SEC proposed an amendment to Regulation AB that would require disclosure of special-made cash flow waterfalls programs for asset-backed securities (ABS) to escape the limitations of language. British and Australian regulators have already implemented a similar code disclosure regime. Likewise, Professor Hu goes further and supports a “perfect information” model that presumably would require disclosure of the actual computer programs used by, e.g., CDO trustees to execute cash distributions.These proposals and implementations create a new problem: perception. In the status quo, problems of depiction mean that the two disclosed documents — contract and prospectus (or offer memorandum) — must be interpreted by the parties to determine what the reality of execution of the deal — calculating cash payments — will or should look like. The SEC and Professor Hu add a third, distinct, legally binding depiction: the code. While that code might accurately depict execution before a dispute, in the event of a dispute, all three depictions will be in play and could influence what the future reality of cash distribution will be. Each additional legally relevant disclosure increases the challenge for dealmakers trying to predict what will happen in the event of a dispute.This Article proposes reducing the number of legally relevant depictions of largely procedural arrangements to one: the code. Rather than add the code as yet another disclosure, in deals between sophisticated investors concerning these complex products, the dealmakers should not only disclose the code but negotiate about the code directly. Following the model of construction contracts that incorporate blueprints, financial contracts should incorporate the code that will be used to calculate the cash distribution. This solves the problems of depiction and perception because the code both describes and executes the agreement, and in turn reduces risk in these deals.Part I.A. describes the exemplar product: the CDO. Part I.B expands Professor Hu’s description of the intermediary depiction problem by explaining the problem of perception of the future legal reality and its impact on business risk. Part II.A proposes reducing human discretion in procedural financial arrangements to facilitate coded ","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134599363","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This report investigates corruption risk of EU funds spending in Hungary within the framework of the Public Procurement Law. Its finding is that in spite of what is a tight regulatory framework EU funds are likely to fuel the abuse of public spending. Even though public procurement using EU funds faces considerably more stringent regulation, their use poses much greater corruption risks when compared with funds procured domestically and corruption risks are particularly pronounced for large projects. The report also argues that large-scale institutionalized corruption in Hungary may be widespread and driven primarily by political cycles. Such corruption, often labelled “legal corruption”, typically involves neither bribery nor collusion between lower level bureaucrats and private individuals; rather, it operates through contractual relationships which benefit the highest echelons of the political and business elite. There are a small number of new anti-corruption initiatives of the new government which entered office in 2010, but while they might indicate a positive step towards higher public sector integrity, their results are yet to be seen.
{"title":"Hidden Depths: The Case of Hungary","authors":"Mihály Fazekas, L. King, I. Tóth","doi":"10.2307/j.ctvddzs0t.9","DOIUrl":"https://doi.org/10.2307/j.ctvddzs0t.9","url":null,"abstract":"This report investigates corruption risk of EU funds spending in Hungary within the framework of the Public Procurement Law. Its finding is that in spite of what is a tight regulatory framework EU funds are likely to fuel the abuse of public spending. Even though public procurement using EU funds faces considerably more stringent regulation, their use poses much greater corruption risks when compared with funds procured domestically and corruption risks are particularly pronounced for large projects. The report also argues that large-scale institutionalized corruption in Hungary may be widespread and driven primarily by political cycles. Such corruption, often labelled “legal corruption”, typically involves neither bribery nor collusion between lower level bureaucrats and private individuals; rather, it operates through contractual relationships which benefit the highest echelons of the political and business elite. There are a small number of new anti-corruption initiatives of the new government which entered office in 2010, but while they might indicate a positive step towards higher public sector integrity, their results are yet to be seen.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134564592","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A dataset on the use of transparency notices by Danish contracting authorities is analysed. Focus is on reliance on technical reasons to justify the use of the negotiated procedure without prior publication of a contract notice. It is found that technical reasons are for the major part used to procure medical equipment primarily for hospitals, and that the technical reasons relied on in the majority of cases may be categorised as product characteristics and compatibility/interoperability grounds. There are also certain indications of a market characterised by selective distributions agreements, a pattern which may explain that most of the contracts are awarded to companies established in Denmark. It is concluded that, even if the CJEU would acknowledge product characteristics and compatibility/interoperability as technical grounds, it is questionable whether it would accept that on these grounds the contract could only be fulfilled by one particular economic operator. The hypothesis that transparency notices and the sanctuary from ineffectiveness would imply that direct contract awards are fitted into the justifications provided for in the Public Procurement Directives cannot be conclusively supported or rejected on the basis of the examined dataset.
{"title":"On Actual and Percieved Monopolies","authors":"G. S. Ølykke","doi":"10.2139/ssrn.2283110","DOIUrl":"https://doi.org/10.2139/ssrn.2283110","url":null,"abstract":"A dataset on the use of transparency notices by Danish contracting authorities is analysed. Focus is on reliance on technical reasons to justify the use of the negotiated procedure without prior publication of a contract notice. It is found that technical reasons are for the major part used to procure medical equipment primarily for hospitals, and that the technical reasons relied on in the majority of cases may be categorised as product characteristics and compatibility/interoperability grounds. There are also certain indications of a market characterised by selective distributions agreements, a pattern which may explain that most of the contracts are awarded to companies established in Denmark. It is concluded that, even if the CJEU would acknowledge product characteristics and compatibility/interoperability as technical grounds, it is questionable whether it would accept that on these grounds the contract could only be fulfilled by one particular economic operator. The hypothesis that transparency notices and the sanctuary from ineffectiveness would imply that direct contract awards are fitted into the justifications provided for in the Public Procurement Directives cannot be conclusively supported or rejected on the basis of the examined dataset.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123460834","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In Italy, there is currently a serious regulatory problem; notably in the economic field; due to the complexity, quality, and effectiveness of rules. In order to improve regulation and consolidate certainty of law, an important contribution may be offered by the actual and effective application of RIA and ex-post regulatory analysis, which determine utility and effectiveness of the rules, and verify whether the whole regulatory framework is coherent and up to date, as well as by the consultation of interested parties. Simplification and broadcasting of the approval process of regulations of the Government and Parliament are necessary as well. It is important that all this is undertaken in a joint and coordinated manner, because an individual change will unlikely occur and would be, anyhow, useless.
{"title":"The 'Cage of Rules' in Italy: Proposals to 'Unlock' It","authors":"Gian Domenico Mosco","doi":"10.2139/ssrn.2282149","DOIUrl":"https://doi.org/10.2139/ssrn.2282149","url":null,"abstract":"In Italy, there is currently a serious regulatory problem; notably in the economic field; due to the complexity, quality, and effectiveness of rules. In order to improve regulation and consolidate certainty of law, an important contribution may be offered by the actual and effective application of RIA and ex-post regulatory analysis, which determine utility and effectiveness of the rules, and verify whether the whole regulatory framework is coherent and up to date, as well as by the consultation of interested parties. Simplification and broadcasting of the approval process of regulations of the Government and Parliament are necessary as well. It is important that all this is undertaken in a joint and coordinated manner, because an individual change will unlikely occur and would be, anyhow, useless.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133963637","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article discusses the main hurdles and hazards that the development of law and economics in Colombia faces. For the sake of an in-depth analysis in a not too long article, the discussion is restricted to commercial contract law. The main hurdles mentioned here are: (1) structural hurdles - institutions or procedures that may be a stumbling block to the development of law and economics; (2) cultural hurdles - a bias among scholars, practitioners, judges, arbitrators, and legislators against law and economics; and (3) academic hurdles - lack of legal theories adapted to the nature and particularities of Colombian both economic development and legal system. If these hurdles are not surpassed, at least three hazards may occur. First, the law, in both theory and practice, may end up completely isolated from any economic analysis. Second, economics may end up as a discipline at the exclusive service of theoretical legal analysis, without any impact on practitioners, judges, arbitrators, legislators, and other legal actors. Third, legal methodology may end up at the exclusive service of economics or, even worse, of econometrics, with philosophical, moral, and judicial analyses reduced to negligible levels. This article’s view, however, is not so pessimistic to believe that the hurdles and hazards indicated above are either insurmountable or inevitable. The hurdles may retard but not completely block the development of law and economics in Colombia. Thus, if some recommendations are adopted, a negative outlook will be less likely than a positive scenario where law and economics thrive not only for the sake of these sciences but also for the benefit of scholars, practitioners, judges, arbitrators, legislators, and other legal actors.
{"title":"Hurdles and Hazards to a Thriving Interaction between Colombian Law and Economics","authors":"Juan Antonio Gaviria","doi":"10.2139/ssrn.2369985","DOIUrl":"https://doi.org/10.2139/ssrn.2369985","url":null,"abstract":"This article discusses the main hurdles and hazards that the development of law and economics in Colombia faces. For the sake of an in-depth analysis in a not too long article, the discussion is restricted to commercial contract law. The main hurdles mentioned here are: (1) structural hurdles - institutions or procedures that may be a stumbling block to the development of law and economics; (2) cultural hurdles - a bias among scholars, practitioners, judges, arbitrators, and legislators against law and economics; and (3) academic hurdles - lack of legal theories adapted to the nature and particularities of Colombian both economic development and legal system. If these hurdles are not surpassed, at least three hazards may occur. First, the law, in both theory and practice, may end up completely isolated from any economic analysis. Second, economics may end up as a discipline at the exclusive service of theoretical legal analysis, without any impact on practitioners, judges, arbitrators, legislators, and other legal actors. Third, legal methodology may end up at the exclusive service of economics or, even worse, of econometrics, with philosophical, moral, and judicial analyses reduced to negligible levels. This article’s view, however, is not so pessimistic to believe that the hurdles and hazards indicated above are either insurmountable or inevitable. The hurdles may retard but not completely block the development of law and economics in Colombia. Thus, if some recommendations are adopted, a negative outlook will be less likely than a positive scenario where law and economics thrive not only for the sake of these sciences but also for the benefit of scholars, practitioners, judges, arbitrators, legislators, and other legal actors.","PeriodicalId":340197,"journal":{"name":"Comparative & Global Administrative Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114147563","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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