Ulf Linderfalk: Understanding Jus Cogens in International Law and International Legal Discourse

Liverpool Law Review -     

PARALLEL IMPORTATION AND SERVICE QUALITY: AN EMPIRICAL INVESTIGATION OF COMPETITION BETWEEN DVDS AND CINEMAS IN NEW ZEALAND

Investigations into the causes and effects of parallel importinghave concentrated on price discrimination, but arbitrage canalso occur on non-price dimensions. Using a natural experimentin the New Zealand film distribution industry between May 1998and November 2001, we examine the effect of parallel importingon quality as it relates to the timing of the availability offilm media. We demonstrate that (a) cinema revenues were underminedas consumers substituted viewing films on parallel importedDVDs for the cinema format and (b) that studios responded tothe threat of parallel imported DVDs by bringing forward therelease of films into New Zealand cinemas. The reduced delaybetween US and New Zealand cinematic release dates is shownto be consistent with the introduction of competition when timingis a dimension of quality and choice. We conclude that parallelimportation of DVDs almost certainly resulted in a net increasein welfare in New Zealand.     

Building bridges across a double divide: alliances between US and Latin American labour and NGOs

Trying to build alliances that span the divide between trade unions and NGOs as well as the divide between the North and the South might seem a utopian task. But this is exactly what an imaginative new generation of organisers from the Western hemisphere's labour movements and NGOs are trying to do. This paper analyses two very different efforts working to bridge this ‘double divide’. The first is a combination of organisations, including unions and NGOs in both North and South, that are focusing on blatant violations of the dignity of workers in apparel export processing zones in the South. This ‘basic rights complex’ has resulted in important victories. A second complex of organisations, also involving unions and NGOs in both North and South, has raised broad macro issues of governance focusing particularly on the anti‐democratic character of current proposals for a free trade area of the Americas. Neither of these complexes is without its weaknesses, but each makes it clear that bridging the double divide should be thought of not as a utopian dream but as work in progress.     

Legal Formality and Freedom of Choice. A Moral Perspective on Jhering's Constructivism

In this article it is argued that Jhering's conception of legal formality, which became notorious for being the most extreme expression of conceptualism, makes sense if it is recast as a theory of rights. It is from this vantage point that Jhering's later methodological self-critique becomes intelligible in which he mitigated the strains of conceptual constructivism by reflecting on the value of choice granted by a system of rights.