European Editors of Economics Journals—A General Discussion

In a final inquiry at the end of the Conference on Editorial Policies the three editors, Bruno S. Frey (Kyklos), Manfred J. Holler (Homo oeconomicus), and Jürgen G. Backhaus (European Journal of Law and Economics), were asked to comment on their editorial policies. They answered by explaining the challenges they were or still are confronted with, which strategies they have already developed to go on and of course what they have learnt from the deliberations at this conference. In their statements they referred to their preceding paper presentations, and the contributions by Wolfgang Bergsdorf, who is the chief editor of Die Politische Meinung, and Peter Senn.     

The Evolution of Anti-dumping Legislation of European Union

The Course of DevelopmentJanuary 1, 1958 entry into force of the "European Econ-omic Community (EEC) Treaty", more commonly known as the"Rome Treaty," the establishment of the first European Econ-omic Community established based on the principle of the Cu…     

Ukrainian-Russian Relations—European and Eurasian Contexts

In terms of civilization and culture, Ukraine is both a European and a Eurasian state with priorities—Russia and the West—determined by foreign and by domestic factors. Ukraine's unnatural, contradictory, and dual-vectored foreign policy, the object of bitter discussion and criticism for several years, is influenced by complex patterns of postcommunist reforms that are creating a new geopolitical reality and by the impact on it of two different regions—Greater Europe and Eastern Europe. Russia's special role in these processes is obvious. The foreign policy of the two states and Ukrainian-Russian relations largely determine both the nature and the pace of change in the eastern part of the continent, as well as the chances of achieving stability and optimal conditions for cooperation throughout Europe.     

Kyoto,Europe?—An Economic Evaluation of the European Emission Trading Directive

To meet its obligations accepted in the Kyoto Protocol cost effectively, the European Union introduces a scheme of Greenhouse Gas Allowance Trading for its member states. This paper evaluates the cost effectiveness, ecological accuracy and dynamic incentives of this approach.The EU-emissions trading constitutes an important shift in the paradigm of environmental policy, from command and control to a market based approach. Still, the EU-system does not fully realize the economic potential of the transferable discharge permit policy. Especially, the limited scope of trading regarding geography, pollutants, sectors and activities reduces the quality of the system. Moreover, the EU-Directive is unspecific in many respects and it leaves many decisions defining the rules of the game to the individual member state. Uncertainty and heterogeneity increase transaction cost and thereby hamper the effectiveness of the system.JEL Classification: Q54, Q58, K32     

Case comment: C-82/10 European Commission v Ireland—judgement of the Court of Justice of the European Union,September 29, 2011 (VHI case)

This article is the case comment on the recent judgement (September 29, 2011) of the Court of Justice of the European Union in the case No C-82/10 concerning non-life insurance. This case was initiated by the European Commission against Ireland for failure to fulfil its obligations by not covering the Voluntary Health Insurance Board by insurance supervisory scheme as provided for by relevant Directives. The above insurance institution which is the main health insurer in Ireland enjoys exemption from the supervisory scheme envisaged by relevant Directives. Ireland may maintain this exemption if its capacity is not amended; otherwise the above institution must be covered by the insurance supervisory scheme. This article provides a brief summary of facts and court conclusions alongside with relevant comments on the impact of this judgement. The author has commented both legal and economic aspect of this case paying particular attention to the role of this judgement in the development of the insurance supervisory scheme in the European Union law.     

How Does the European Court of Justice Reason? A Review Essay on the Legal Reasoning of the European Court of Justice

This review essay analyses two significant recent contributions to the debate over the reasoning of the Court of Justice (CJ). These contributions highlight the impossibility of a wholly scientific and deductive approach to attributing ‘correct’ outcomes to the Court's case‐law. At the same time, their analysis adds significant findings for the debate over the Court's possible ‘activist’ or political role. Following from these contributions, this essay makes two arguments: firstly, that the inability of the Court to anchor its reasoning solely in a deductive form of legal reasoning should encourage the CJ to engage in a more advanced ‘constitutional dialogue’ with the EU's political institutions; and secondly, that truly understanding the Court's reasoning involves a closer analysis of the institutional and personal dynamics influencing Court decisions. Understanding European judicial reasoning may require a closer look at the social and political—as well as doctrinal—context within which European judges act.     

Principles of European Private or Civil Law?

The aim of this piece is to draw the attention of the debate on principles in European private law to an institutional question. As the question of who detects these principles is crucial to understand the values and intentions behind the provisions on principles, I turn to the significance of the authority question of who detects principles of European Private law with regard to the two players ECJ and the academic circle ‘Joint Network on European law'. After analysing the role of these players I will ask whether private law principles (which are principles derived from the analysis of contractual relationships by academics) or principles of civil law (derived from conflict solution by judges) govern the principles debate in European Private law. I will argue for a pluralistic understanding of European Private law, where neither academia nor the ECJ enjoy a monopoly on the detection of principles in European Private law. Instead, they form a symbiotic relationship in several respects. Understood in this way, the DCFR's role as a toolbox for the legislator is supplemented with its maybe even stronger significance as a toolbox for judges.     

European democracy,parliamentary decline and the ‘democratic deficit’ of the European Union

This article examines two different, yet interrelated, phenomena: parliamentary decline in western Europe and the ‘democratic deficit’ of the European Union (EU). It argues that the latter has helped to consolidate, and in certain areas, facilitate, the former. This is illustrated by two sets of empirical studies, covering first the European Community (and in particular the Common Agricultural Policy and Economic and Monetary Union) and then the Common Foreign and Security Policy, and co‐operation in Justice and Home Affairs. The main conclusion to be drawn is that a simple reordering of some policies within and across different pillars will not remedy the current democratic shortfalls of the EU which stem as much from the inadequacy of existing parliamentary structures to hold EU decision makers to account, as from the absence of a European demos. The combined effects of the above are particularly crucial for the democratic viability of the emerging European polity which, as with any other political system in the modern democratic era, needs to strike a balance between efficiency and accountability.     

The Catch-up Strategy of Petrobrás through Cooperative R&D

This article seeks to reflect on the possibilities of cooperative R&D to constitute an opportunity for companies in developing countries to take part in the innovation concerning technological frontier. In order to show this thesis can be true, this article is based on the case study of Petrobrás, the Brazilian state-owned oil company, which has employed the resource of cooperative R&D to gain access to the new subsea boosting technology and to acquire a place in the vanguard of such technology. However, the catch-up occurs only when firms in developing countries actively take part in the innovation process and accomplish an efficient process of technological learning, which is reflected on the evolution of interactions with external partners. The experience of Petrobrás is analyzed emphasizing the technological learning process through the transformation in its agreements with external partners. We present three cases of subsea boosting technologies developed by Petrobrás together with a majority of foreign producers or institutes. The analysis of these experiences allows us to show that the learning process and the mastery of in-house processes were accompanied by a significant evolution in the agreements with external sources. Petrobrás passes on from the position of cosponsor to that of articulator of the innovation process in technological cooperation agreements. The article proposes an evolutionary sequence to analyze the company's learning process. The evolutionary trajectories are different in each case, but in all of them it was possible to prove the increasing commitment of Petrobrás to the innovation effort.     

Consensus,Difference and Sexuality: Que(e)rying the European Court of Human Rights’ Concept of‘ European Consensus’

Law and Critique - This paper provides a queer critique of the European Court of Human Rights’ use of ‘European consensus’ as a method of interpretation in cases concerning...     

European human rights law and the United Kingdom—A note

This article asserts that established concerns about access to, and widening participation in higher education, are now reflected in interest around retention. Those law schools with inclusive admissions policies and widening participation practices face a number of challenges around the financial and human costs of poor retention. Most of these law schools fall within the “new university” sector.

This article argues that poor retention among first‐year law students often reflects a lack of engagement. This lack of engagement exists in two key relationships; first that of between students and the teaching and learning structures of their law school and university, and second between first year law students and many of the staff who teach them. It is argued that this lack of engagement reflects a clash of cultures, first between the requirements and structures of the law school and the everyday life experience of our students, and second between ourselves as teachers and our students.

The utilisation of aspects of the Oxbridge tutorial model of higher education together with an appropriate use of new technology is suggested as a response to this cultural clash and as a way of increasing engagement with our students.

In support of these arguments, the article refers extensively to the evidence presented to the House of Commons Education and Employment Committee hearings on retention in higher education, and to the Committee's conclusions.     

Taking Care of Strasbourg: The Status of the European Convention on Human Rights and the Case-Law of the European Court of Human Rights in Kosovo’s Domestic Legal System

This paper addresses the position of the European Convention on Human Rights (ECHR) and the European Court of Human Rights (ECtHR) case-law in Kosovo’s domestic legal order. To begin with, it reviews the background of the issue of human rights in Kosovo highlighting its distinct position and perspective. This article then analyses the position held by the European Convention on Human Rights and its protocols in Kosovo’s legal order while also addressing the ECHR’s constitutionalization, its direct effect and the constitutional review on basis of it. The paper then examines whether the case-law of the ECtHR is binding in Kosovo, whether it is directly effective, and whether Kosovo’s Constitutional Court can use it as a ground in the conduct of constitutional reviews. This paper argues that the ECHR and the case-law of the ECtHR both hold a privileged status under Kosovo’s constitutional law, despite Kosovo not being a party to the ECHR and, therefore, having no international liability to implement the ECHR. In addition, the paper offers certain arguments regarding the relative positions of the ECHR and the case-law of the ECtHR within the current practice of Kosovo’s judicial system. This paper concludes with the argument that the ECHR and the case-law of the ECtHR hold a privileged status in the context of Kosovo’s domestic legal order—one which could serve as a precedent in respecting human rights and freedoms.     

College Women’s Experiences of Dating Violence in Casual and Exclusive Relationships

Using a sample of female college students involved in a current dating relationship, we investigate the nature of violence in these intimate relationships to better understand the concept of violence mutuality. To do so we explore womens’ experiences with violence as both perpetrators and victims and examine the prevalence, chronicity, and severity of violence experienced by young women. We also examine whether there are differences in experiences of violence for women in casual versus exclusive dating relationships. Our findings suggest that when violence is present in a dating relationship it is likely to occur within a mutually violent relationship where women are both victims and perpetrators of violence. More importantly, within these mutually violent relationships, women reported being more likely to perpetrate violence at higher rates than they experience as victims. We find no notable differences in experiences with violence among those in casual versus exclusive relationships. The methodological limitations and policy implications of our findings are discussed.     

The structure and dynamics of the global network of inter-firm R&D partnerships 1989–2002

Research and development (R&D) partnerships are formed to share the risks and benefits of R&D. At the macro level, they result in a globe-spanning network that can be a valuable source of international knowledge spillovers. This network is the subject of a considerable body of literature. Often-made claims are that R&D collaboration is an important activity in a competitive environment, but that the importance of international partnerships has declined over time. Furthermore, it is claimed that collaborations are disproportionally concentrated within the developed economies. However, this literature fails to account for variations in the sizes of underlying firm populations between countries and over time. We argue that these population sizes create an opportunity structure of available collaboration partners for firms, and that ignoring variations in this structure potentially leads to erroneous conclusions about the structure and dynamics of the R&D network. To address this problem, we study the structure and dynamics of the global R&D network on an international and cross-industry scale using longitudinal data for 1989?C2002. We integrate data on public firms and their R&D partnerships and confront earlier findings with our data and a set of methods, which enables us to correct for the structure and dynamics in the firm population. While our study confirms previous findings concerning the worldwide trend in collaborative activity, it also shows that results on individual countries need correction. In particular, the importance of R&D collaboration for US companies is overestimated, while their openness towards foreign partners is underestimated.     

European legal history – a new field of research in Germany

John Austin's essay, ‘A Note on Interpretation’, appears in his Lectures on Jurisprudence or the Philosophy of Positive Law.¹ At the end of the essay is a note by Austin's wife, Sarah. The note states that the conclusion of the essay is missing. In this paper I argue that the conclusion of the essay appears 363 pages earlier as a fragment following Lecture XXXVII.