Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ SSRN Electronic Jour...arrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
SSRN Electronic Journal
Article . 2010 . Peer-reviewed
Data sources: Crossref
https://doi.org/10.1007/978-90...
Part of book or chapter of book . 2012 . Peer-reviewed
Data sources: Crossref
versions View all 5 versions
addClaim

This Research product is the result of merged Research products in OpenAIRE.

You have already added 0 works in your ORCID record related to the merged Research product.

A Law and Economics View on Harmonization of Procedural Law

Authors: Visscher, Louis;

A Law and Economics View on Harmonization of Procedural Law

Abstract

Even though there exists an extensive Law and Economics literature on the topics of procedural law and harmonisation of law, very little has been written on harmonisation of procedural law as such. This chapter starts by providing a brief overview of the economic approach to legal intervention, private enforcement and procedural law. Subsequently, the economics of harmonisation of (substantive) private law is discussed. The traditional legal arguments in favour of harmonisation (differences in legal rules between countries result in legal uncertainty and increased costs and therefore hinder cross-border trade, and harmonisation would create a level playing field) turn out to be unconvincing. The economic analysis of law provides several arguments against harmonisation (regulatory competition enables satisfying a larger number of preferences, it enables learning effects, (centralised) legislators suffer from limited information and the possible influence of interest groups should be taken into account) and in favour of it (the need to internalise interstate externalities, the desire to avoid a race to the bottom, decreasing transaction costs and profiting from economies of scale). These arguments have to be weighed in order to reach a conclusion on the desirability of harmonisation. Such a weighing shows that there is, at best, a limited scope for harmonisation of procedural law (and then only as an additional option). Harmonisation would remove the possible learning effects and does not allow satisfying a larger number of preferences. The possible arguments in favour of harmonisation of procedural law seem weak, especially now that procedural law is closely connected to the underlying substantive law. The only potentially strong argument is the reduction of transaction costs. It is ultimately an empirical matter whether this argument outweighs the arguments against harmonisation. The 2008 Oxford Civil Justice Survey suggests that this is not the case.

Related Organizations
Keywords

ESL 98-01 capgrp ARW, SAI 2008-06 BACT

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    10
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Top 10%
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
10
Average
Top 10%
Average
bronze