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This article aims to examine the phenomenon of court fees in Chile, exploring their legal nature, historical development, and the economic implications of adopting either a broader or more restrictive concept toward court fees. A historical methodology and dogmatic analysis were used to investigate the rationales for their implementation, as well as the challenges they pose to ensuring access to justice. The article concludes that court fees are not an effective instrument for reducing strategic litigation by certain habitual claimants, as better alternative mechanisms exist to achieve this purpose. However, it recognizes that court fees could serve a revenue-generating goal, provided this is consistent with access-to-justice principles. The article suggests several approaches to calculating an optimal fee designed to partially fund the public administration of justice. [ABSTRACT FROM AUTHOR]

This article examines the methods and implications of valuing intangible assets, focusing on intellectual property (IP). It analyzes the inherent difficulties in valuing these assets, as well as the main methods available for carrying out this process: the cost-based approach, the income-based approach, the market-based approach, and approaches that consider non-monetary value indicators. The work provides an introductory framework that facilitates the understanding of the dynamics influencing the valuation of intangible assets, highlighting their essential role in creating and preserving business value in the contemporary economy. [ABSTRACT FROM AUTHOR]

This article develops a theoretical framework on the propensity for risk applied to litigation. From this theoretical framework, it follows that the risk prone will initiate legal proceedings more than those averse to it; that when the risk prone are sued, their propensity to risk does not decrease in the face of low variability chance of loss in comparison with previous chances of loss of greater variability; and that furthermore, they generate greater legal expenses than people of other risk profiles. The aforementioned causes greater social losses on increasing the negative externalities of litigation due to the greater divergence between its private and social benefits. The latter shall be examined regarding the issues of permanent courts and the possibility of reaching agreements. [ABSTRACT FROM AUTHOR]

This study aims to measure the economic benefits of business mediation in Brazil compared to lawsuits, investigating whether choosing mediation to resolve a business conflict is more economically advantageous than filing a lawsuit in the judiciary and whether opting for extrajudicial mediation to settle a business dispute is more economically advantageous than reaching an agreement in judicial mediation. The research, conducted in the Southeast region of Brazil after the implementation of the Brazilian Code of Civil Procedure in 2016, employed quantitative methods, analyzing 397 judicial processes. The results indicated that extrajudicial mediation is the most cost-effective option, while the judicial lawsuit is the most costly. This article provides essential information for businesses to make informed decisions in the resolution of business disputes. [ABSTRACT FROM AUTHOR]

Since the United Nations Convention on Contracts for the International Sale of Goods (1980) the dogmatic model of contractual liability adopted is based on a unitary concept of breach of contract, which includes all its possible manifestations, and on this basis, it provides a set of remedies to protect the non-breaching party. He can: claim performance, terminate the contract, claim damages, claim a reduction of the price or withhold his own performance. However, precontractual liability is addressed by topos, so this paper arises the possibility of organizing precontractual liability systematically. [ABSTRACT FROM AUTHOR]

The theme of this article is to study and analyze the economicfinancial order and the positivation of the Economic Freedom Law, in the light of the economic analysis of law. The general objective is to trace the conceptual nature, main characteristics and effects for the legal ordering of the Economic Freedom Law, in particular the guidelines contained in article 5 of the respective law. The specific objective is to demonstrate that the Law on Economic Freedom seeks to be founded on the principles of article 170 of the Federal Constitution of 1988, in particular that of free Initiative, free competition and freedom to undertake, determining that the editing or amendment of normative acts should analyze the regulatory and economic impact, positing the theory of economic analysis of law. The methodology to be observed will be the bibliographic procedure, through the deductive method, with a qualitative approach. [ABSTRACT FROM AUTHOR]

The Business Judgment Rule (BJR) is a rule developed by the case law of the American courts that establishes that judges will respect directors' business decisions, as long as they made an informed decision, in the best interest of the company and without violating the law or breaching their fiduciary duties. This paper reviews the application of the BJR in Colombia and the unsuccessful bills presented on this matter. In addition, it aims to analyze the economic implications of its adoption and, through a qualitative methodology and from a law and economics perspective, demonstrates its significant macroeconomic and microeconomic benefits. [ABSTRACT FROM AUTHOR]

The aim of this article is to discuss the out-of-court reorganization’s opportunity costs from the law and economics perspective in comparison to the reorganization. The concepts of law and economics and game theory are developed to understand how these theories can be applied to the out-of-court reorganization, and which legal instruments can be used by creditors and debtors in search of more efficient results in comparison to reorganization. As conclusion it is said that out-of-court reorganization is as genuine as reorganization but with minor costs, what brings to great opportunity costs in opting for it. [ABSTRACT FROM AUTHOR]

Colombian law used to provide that parents had to register children with their fathers' last names as the first one. In November 2019, Colombian Constitutional Court held that such rule was against the equal treatment of genders, allowing parents to register a child either with the father's or the mother's surname. This research, based on a game-theoretical approach as well as on models of the economic analysis of family law, applies such notions, lege lata, to the new rules allowing parents to bargain over property rights on their children's last names, focusing on married parents or in those who live together under similar arrangements. The paper also models such bargaining as both a battle of the sexes and a chicken game. Such approach offers new insights not only as to new case law's effects but also, and more generally, regarding the economic analysis of marriage and other family law issues. The text concludes that the bargaining over children's last names may be very complex not due to legal reasons but because of economic grounds such as a bilateral monopoly between parents and the fact that a last name is an indivisible object that is not traded in a traditional market. [ABSTRACT FROM AUTHOR]

This paper develops a review of contracts on human organs from the Economic Analysis of Law perspective. Using tools of the Law and Economics, a critical position on the conception of the issue and the dominant legal framework is adopted. This stance is taken to analyze the legalization of organ transactions through the design of a regulated market, commenting on the potential advantages that this would bring over an absolute prohibition. [ABSTRACT FROM AUTHOR]

This paper have by object to clarify the dilemma related with the exploitation monopoly created by pharmaceutical invention patents, which, while incentive the innovation, in turn, represent obstacles to accessing essential medicines, as a patented thing, and therefore, it will be sold at high costs in the market. This affects the enjoyment of the right to health of patients, because it´s products with a few elasticity or near substitutes, and while the patent be valid; No other competitor can carry out, without the authorization of the owner, the acts mentioned in Article 28 of the Trade Related Aspects of Intellectual Property Rights Agreement. [ABSTRACT FROM AUTHOR]

The polysemic problem of crops for illicit use, particularly that related to the coca leaf, is addressed from the study of some of the negative externalities derived from the production of coca leaf with respect to the environment and the economy of the communities who are devoted to its production, which have tended to become more acute in the post-agreement era. In this sense, an analysis is presented that articulates the economic and legal narratives through the economic analysis of the law, to have a theoretical and empirical approach to the possible effects that a certain policy, decision or legal regulation can produce on this type of illicit economies. [ABSTRACT FROM AUTHOR]

The influence of economics on human behavior shows the connection between economics and law. If we add to this the existence of scarce resources together with the need to maximize results, we go into the premises of the economic analysis of law (AED), a movement that applies techniques and economic principles in the study of legal problems, so that the law can not be understood from an exclusively legal perspective, but is impregnated with the criterion of efficiency in the search for the ideal of justice. An example of such assertion is the new approach that the AED proposes regarding the legal institution of the contract starting, from the notion of the perfect contract, as well as aspects related to the general theory (vices of consent, compliance, non-compliance, damages and liability, contractual remedies, compliance guarantees, risks, interpretation). [ABSTRACT FROM AUTHOR]

The information asymmetry increases the transaction costs. This fact calls the State's regulation on the contracts developed by the market's agents in order to get efficient results. In Colombia, the Habeas Data law was created to manage conflicts arising from the asymmetry of information between users and financial entities. However, its ability to solve this market's imperfection in the banking sector is still limited. In this article, we present results that validate the previous statement based on the analysis of this legal instrument, retaking concepts of the "Law and Economics" and a comprehensive review of Constitutional Court decisions. [ABSTRACT FROM AUTHOR]

The present work aims to demonstrate that it would be economically efficient for the legislator to introduce rules that allow couples to decide, by mutual agreement, a series of relevant aspects of the marriageregime. The opening to such options does not collidle with the constitutional content of the concepts of family nor marriage, respect of which the legislator has been conferred competition over. [ABSTRACT FROM AUTHOR]

Efficient solutions are difficult to adopt, as they comprehend a large amount of information and require identifying an optimum point, which weighs up the benefits and costs involved. One means of simplifying this task arises with the final offer rule (the judge accepts the position of one or the other part, in a complete way). The Chilean electricity system provides for a rule of this nature to rule on disputes, which come before the so-called «electrical panel». This article will discuss the rule's considerations of efficiency and the complexities, which the final offer presents for traditional procedural principles. A rule acclaimed by economists for taking decisions could cause lawyers to reconsider the mechanisms for resolving certain disputes. [ABSTRACT FROM AUTHOR]

From an exercise of economic analysis of Article 14 of Law 1340 of 2009, through which incentives are established for the delation of anti-competitive practices, this article demonstrates that the benefits contained in the aforementioned norm do not constitute a sufficient incentive to generate the accusation of restrictive behaviors of the competition. The analysis presented has its origins in three hypotheses constructed from principles, theories, and economic concepts: (i) if there is an ongoing investigation by the Superintendence of Industry and Commerce and the entity, at the time of reaching the discharges, has sufficient evidence to impose the fine contained in the legal system, then there will be only sufficient incentive for the first reporter, (ii) if there is an ongoing investigation by the Superintendence of Industry and Commerce and the entity, at the time of reaching the discharges, does not have enough evidence to impose the fine, then the economic agent will not disclose or collaborate with the investigation in any way and (iii) if there is no ongoing investigation by the Superintendence of Industry and Commerce, then no agent economic will betray or confess its participation in a restrictive practice of competition. From the above it is concluded that in any case only in the event that there is an ongoing investigation for restrictive practices of competition, the first informer, and only this one, will be encouraged to confess. [ABSTRACT FROM AUTHOR]

Preliminary injunctions have been always used as an anticipated protection measure by judges around the world. However, few of those judges -or none- perform a material analysis of the effectiveness that precaution can have. This mean to weigh the anticipated protection granted in court against plausible material damages -or better, probable- than this prior adjudication can cause when the party in which the measure fell against, ends up being victorious in merits. Therefore, after going through the concepts and development of precautionary measures in processes of unfair competition and the legal and economic tools used in comparative law, we conducted a specific economic analysis of the preliminary injunctions in the proceedings on unfair acts of violation of norms. All the above, analyzing the efficiency of the bond and reviewing the problems of uncertainty that are inherent to the precautionary institution. This, to determine if it is possible to apply the quantitative valuation rules used in the United States for the decree on such measures. Such analysis was made studying specific cases that have been brought before the Delegation of Jurisdictional Affairs of the Superintendence of Industry and Commerce. [ABSTRACT FROM AUTHOR]

Objective. This article proposes a critical reflection about the abusive clauses in contracts for the adhesion in the relations of consumption and their regulation in Law 1480 of 2011. Methodology. Hermeneuticsynthetic characterization, in which the assumptions of economic analysis of law are used, starting with the definition of abusive clause, analyzing then the criteria established to determine abuse always in the context of consumption. Finally, reference is made to the controls designed for this kind of clauses as a form of intervention to the reality that the market for goods and services demands from public authorities. Results. The freedom and equality of the parties that demand a reliable market shields protection in two legal spheres: patrimonial rights and personal rights as for the worthy consumption. Conclusion. Greater efficiency of administrative control against the use of this type of clauses in consumer relations is needed. [ABSTRACT FROM AUTHOR]

This paper analyzes the vehicle restriction measure known as "pico y placa" implemented in Bogotá city, with aims of solving the problem of traffic jams. The above, from the perspective of Law and Economics and games theory. The paper demonstrates the inefficiency of the policy, and so, the measure leaves the city in a situation in which, not only the purpose of the rule is not accomplished, but, conversely, causes an increase in the cars quantity in the city, generating even more traffic jams and pollution. The paper finishes by submitting some economics tools to solve the problem in the city, such as (i) urban tolls, (ii) sale of circulation licenses and (iii) freezing of the cars quantity with a car plate market and scrap car system. [ABSTRACT FROM AUTHOR]

This article analyzes the role to be accomplished by the economic law as the articulating element of society-nature relationship in order to achieve an integral development for Colombia within the framework of the social right State. This purpose implies the establishment of the origins of economic law from the relationships which emerge between law and economics and presenting it as an autonomous branch of law and differentiating it from the approach of the economic analysis of law. From this point of view, the economic law has become an important tool to facilitate the governmental intervention in the economy in order to correct market failures, including the ones arising from contamination. The big challenge for humankind in the 21st century is to search for the way to solve environmental damage issues; in this sense, this article shows the economic law as a good alternative to reach the balance of the relationships between society and nature. [ABSTRACT FROM AUTHOR]

The impact of regulation on the compliance of the rules protecting the rights of communication users is not very positive. Although the fines imposed to offenders are increasingly high and repetitive, they continue to provide services without quality and even disrespecting the rights of users. In the telecommunications sector, this phenomenon is based on the classic and rational behavior of service providers, who in selecting their game strategies, will prefer to the breach of Regulation, since the cost (financial penalties) never is greater than the profit reported with the infringements (utilities). [ABSTRACT FROM AUTHOR]

The article presents an economic analysis of the rules regulating changes of political party affiliation in Colombia. In developing a basic analysis of incentives, the authors conclude that double electoral militancy is a direct, predictable result of the present legal framework in which the rules are unable to deter party-switching behavior among actors in the political system. The result is a democratic game that, given the ever-increasing distrust of the institutions, gradually turns to other scenarios of democratic action such as judicial activism and social movements. [ABSTRACT FROM AUTHOR]

This article aims to explain the regulatory and market failures in public service passenger transport by road in Colombia, using the tools of Law and Economics to interpret the rules as incentives under the assumption of rationality elections, with the criterion of utility maximization of individual agents, which can determine the behavior of these to choose a level of production or consumption. The first part discusses the main aspects of the regulation of passenger transport market in Colombia; following analytical elements Law and Economics to lead to a second part that specifically analyzes the characteristics of market regulation of road intercity passenger transportation in the country. In the third part, the different market failures that arise in this field, ending with a series of conclusions and recommendations of the study are explained. [ABSTRACT FROM AUTHOR]

There is an unclear and undetermined relationship between international investment arbitration and foreign direct investment (FDI). The text studies whether investment arbitration creates an incentive for FDI, up to confirming that investment arbitration does incentive foreign investment. To do so, we will recur to the economic analysis of law and, specifically, Shavell's contractual theory regarding both the host State's and investor's motives to agree on investment arbitration. Then, we will review investment arbitration's classic institutions, the umbrella clause and the fair and equitable treatment standard, analyzing to what extent each of them influence the decision to take a dispute or not to international investment arbitration. Finally, a mention of the two main criticisms is made, including the crisis of legitimacy of private dispute resolution by public parties from the rule of law perspective. [ABSTRACT FROM AUTHOR]

Protective actions (tutelas) against arbitral awards in Colombia represent a challenge for the economic analysis of law. Often at odds are the economic benefits inherent to arbitration as an alternative form of dispute resolution and the substantial protection provided by tutelas as a fundamental basic warranty for control of the state's and its officials' actions. Specifically, tutelas work against judicial decisions as a subsidiary control mechanism over the actions of judges and/or those who have a comparable role as arbiters. This paper aims to outline and discuss what might be some starting points for an analysis of this issue from the standpoint of law and economics. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to examine the normative structure developed to protect collective rights (Act 472 of 1998) and the subsequent amendment (Act 1425 of 2010) by using the supply and demand model. This paper supposes, on the one hand, the homo economicus behavior and, on the other, the symmetric principle designed by BRENNAN & BUCHANAN (1987). The model developed showed a collective rights protection market, where the good to trade is the service to protect. This service is considered a public good, despite providing positive externalities and producing a preferences revelation problem and dynamic and static inefficiencies. The main results this paper found are 1) an excess demand as a consequence of the economic incentives designed in Articles 39 and 40 of Law 472 of 1998 and 2) an excess of supply created by the repeal of these articles in Law 1425 of 2010. In conclusion, in either situation, normative development disregards the effects and reactions of individuals, from the point of view of both supply and demand. This disregard implies a failure on the part of the collective rights protection market and its probable lack of protection. Given the above, it is necessary to consider strategies that lead to a normative design that includes both the justice principle claimed by Rawls and the not naivety principle developed by KORNHAUSER. [ABSTRACT FROM AUTHOR]

In Colombia the formation of agreements is reduced to the categories of offer and acceptation. The purpose of the process of formation of agreements is to achieve consent through the wills of the parties. The Colombian Commercial Code has included a series of normative dispositions that refer to the formation of agreements, for example, offer, acceptation, the duration of offers, and so on. Nevertheless it is my contention that the formation of agreements is not as easy as it looks, and cannot be reduced in all cases to the categories of offer and unconditional acceptance. In complex business and transactions, the acceptation must be conditioned, thus transforming itself into a new offer. One of the problems this paper tries to resolve is that the preliminary negotiations must be auto-regulated through mechanisms, such as letters of intent, memorandums of understanding and non disclosure agreements that make space for more certainty and legal security in the negotiations that take place in the business world. [ABSTRACT FROM AUTHOR]

Due to the principles and ideas immersed in the postulates of law and economics, they have been recently used as guidelines for new legislation. Prove of this is the 142 of 1994 Act and its later regulation, that develops the public utilities system in Colombia. This specific regulation about public utilities, is suffering about what it is known and has been called the autistic science; in the same way some of the regulations that have been build using the postulates of law and economics. Aware of the discovered situation and willing to stop the difficulty, the Superintendence of Public Utilities has developed a newfangled law instrument, what we know as Unifying Concepts. [ABSTRACT FROM AUTHOR]

The scope, development and content of the Law and Economics (L & E), have become not only rigged to the economy and, in turn, enriched from there by the emergence of new themes and techniques, but have been extended with its progressive and promising application areas of law not studied before, such as, for example, areas of public policy and effective regulation, and with the introduction of analytical techniques, which like those of game theory, have marking and define the current L & E. With much optimism, with these issues "other difficult to frame within the orthodox L & E, such as those relating to the role of institutions, the analysis of historical and comparative law analysis, have also been enriched of the field" (Congregado , etal.., 2001), to the point of giving the general impression, and lead ,to think lawyers and economists, that the L & E can be applied and explain all kinds of matter, without methodological discussions occupy an important place in the discourse of the discipline. Given such an ambitious L & E indicated for the universe, we may ask, indeed, can the L & E to explain all kinds of issues and problems of law, economics and society? Without his willingness to be disqualifying, because it is not in any way to condemn the activity of economic lawyers, per se, but the indiscriminate use of the L & E tools and Concepts without reflection or a court order, the objective of this paper, is then the analysis of these new themes, techniques and scope of the L & E, seeking to answer the question, about whether the L & E is able or not to explain all kinds of issues and problems of law, economics and society or, conversely, has an explanatory scope, technical, methodological and instrumental rather limited. [ABSTRACT FROM AUTHOR]

The scope, development and content of the Law and Economics (L & E), have become not only rigged to the economy and, in turn, enriched from there by the emergence of new themes and techniques, but have been extended with its progressive and promising application areas of law not studied before, such as, for example, areas of public policy and effective regulation, and with the introduction of analytical techniques, which like those of game theory, have marking and define the current L & E. With much optimism, with these issues "other difficult to frame within the orthodox L & E, such as those relating to the role of institutions, the analysis of historical and comparative law analysis, have also been enriched of the field" (Congregado, et al., 2001), to the point of giving the general impression, and lead, to think lawyers and economists, that the L & E can be applied and explain all kinds of matter, without methodological discussions occupy an important place in the discourse of the discipline. Given such an ambitious L & E indicated for the universe, we may ask, indeed, can the L & E to explain all kinds of issues and problems of law, economics and society? Without his willingness to be disqualifying, because it is not in any way to condemn the activity of economic lawyers, per se, but the indiscriminate use of the L & E tools and Concepts without reflection or a court order, the objective of this paper, is then the analysis of these new themes, techniques and scope of the L & E, seeking to answer the question, about whether the L & E is able or not to explain all kinds of issues and problems of law, economics and society or, conversely, has an explanatory scope, technical, methodological and instrumental rather limited. [ABSTRACT FROM AUTHOR]

Collective memory is crystallized in time and space. In time there are momneets whch are 'cognitive saliency' for the members of such community. These become an anchor point in the time of existence of the individuals composing it. In space collective memory is crystallized in 'focal points' that are iconography, objects, places and monuments that show characters and places that are material referents of collective memory. These two expressions of collective memory are worthy of analysis from the perspective of collective rights, their harm and their ability for reparation. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to analyses the nature of collective rights and the mechanisms for their protection (civil actions), using the Law and Economics methodology. This study considers the legal rules as incentives source that promotes the solutions to problems related with coordination or cooperation behavior in public goods provision. This analysis makes a legal study about the collective rights and after it makes a law and economics approach to argue that the collective rights should be consider as an economic good, in particular as a public good. In this order the collective action problems that this kind of goods produces might be solve using the Olson's theory about the selective incentives. As a study case we consider the 39 and 40 articles repelled by Law 1425/10 as a bad decision because this repeal eliminated the economic incentives as a solution for collective problems. As a conclusion this paper develops regulatory suggestions to correct the problems of the Law 1425/10, taking in account three restrictions: avoid a treasury spending; avoid judicial congestion; and achieve a Pareto superior. [ABSTRACT FROM AUTHOR]

Biotechnology or genetic engineering that appeared in the seventies presents great challenges to Law as a social control system. Some authors underline that biotechnology appeared much earlier, when man discovered seed germination and with it, the opportunity to cultivate their own food. However, it also recognizes that despite the many similarities that are found in this class of processes, there are still major differences in that these changes now occur at the molecular level and there is a higher degree of human manipulation. This article reflects on the current proposals for biotechnology regulation in the era of economic globalization, in light of the eternal dispute between economics and Law. [ABSTRACT FROM AUTHOR]

This article is aimed to evaluate common and differential elements of the economic analysis of law and economic law from a business perspective. The guidance offered by both has not overcome the difference of bases and positions that still do not constitute application framework to enable companies to respond to economic- legal problems. To consult the circumstances faced by them and elements demanded to overcome the situation may contribute to set the stage for their complementation. For this purpose, the symbiosis between law and economy should be considered from a business point of view; the scope of the linkage between the economic analysis of law and economic law and the application of both on the company as a business subject. The harmonization of the economic analysis of law with economic law would eventually consolidate various areas of economic and legal knowledge that are limited to identify the company as a production unit or legal reason, ideas that drive the business subject study from the theory of the firm and responsibility. [ABSTRACT FROM AUTHOR]

This paper seeks to demonstrate that, when a public entity determines the requirements of a public bidding process, it affects the freedom of bidders and the efficient destination of public funds. Therefore, the determination of such requirements, in order to be legitimate and efficient, must be proportional. As shown in this paper, the proportionality principle, a general notion about the relation between means and ends, applies to the determination of requirements in public bidding process. Furthermore, this paper seeks to explore the way in which this principle can be applied. [ABSTRACT FROM AUTHOR]

The main target of this reflex paper is to explain some ideas about behavioral economics, such as the prospect theory and the framing effect, as well as its possible implications for the law, especially in the context of tobacco control law in Colombia and the current package warning labels. The paper concludes that these warnings have the potential to reduce the tobacco consumption. However, the effectiveness of these messages could be increased if the information is reframed in an alternative way. [ABSTRACT FROM AUTHOR]

This article aims to provide a comparative analysis from the perspective of economic analysis of law to determine which the best choice is for the spouses at the moment of marriage. It would be analyzed which regime is more favorable with regard to the heritage aspect (the community property regime or the distribution of assets regime) during the marriage. For this purpose it will be describe the community property regime and the distribution of assets regime, then we will analyze the issue of the asymmetry of information at the moment of getting married, finally we will expose the economic implications in marriage if the spouses choose the community property regime or the distribution of assets regime. [ABSTRACT FROM AUTHOR]

This article is the product of a research in behavioral economics, a current and, nowadays,a very meaningful topic. This is a field of economics that challenge the basic foundations of neoclassic economy criticizing the rationality of economic agents. It is an attempt to introduce a behavioral approach of human actions and choices. In this paper the authors initially illustrate an overall view of the issue, mostly unexplored by the national literature, and then describe the many implications that this new economic view can have on law. [ABSTRACT FROM AUTHOR]

Being conscience about the importance of an universal housing policy, specially taking into account the right of having a decent home for individuals and society, in this article the authors analyze the efficiency, convenience, equity and the effectiveness of the policy of family housing subsidy under the principles of law and economics. The study is focused on microeconomic principles to establish the incentives and disincentives that the legal regulation has on the consumers and the producers. Also will be analyzed the contribution that the subsidy has on the economic growth. The authors conclude that the subsidy, as it is established and developed, is neither an efficiency nor effectiveness or equity policy for producers or consumers; but it could help the economic growth of the country. [ABSTRACT FROM AUTHOR]

The study of contemporary colombian administrative law has several flaws regarding how it addresses this body of law as a social phenomenon. it is prone to consider administrative law as a politically neutral, highly conceptualized and coherent body of legal rules, and so ignores the relevance of the social context in which legal rules are created and interpreted. this article suggests that a shift of paradigms is necessary to "cure" this body of law from these flaws. it suggests that economic analysis of law has useful tools that can better explain and predict how this body of law works, focusing especially in the assignment and delegation of rulemaking faculties from one branch of power to a particular administrative agency, as well as in the contextual process through which an agency decides to exercise these faculties. it concludes by suggesting that important exceptions to the colombian model have problems regarding the rights of the parties involved, and then suggests further research agendas. [ABSTRACT FROM AUTHOR]

This paper analyses the theory of justice as illustrated by Richard Posner, one of the most important intellectual leaders and exponents of the Law and Economics Movement, also known as Economic Analysis of Law. This theory, introduced by Posner as distinct from the classical Utilitarianism of Bentham and Stuart Mili, does not consider either equality or equity as the central dimensions of justice. In the first part of this paper, the philosophical foundations of Posner's Theory are discussed, following the unconventional manner in which Posner tries to illustrate that the Economic Analysis of Law functions as a "Moral Theory". In the second part, some further contributions ate made to the criticism of the contradictions lying in the Economic Analysis of Law as "Moral Theory." [ABSTRACT FROM AUTHOR]

This essay argues that the design and evaluation of legal reforms require an expert, empirical, local and multidisciplinary approach. From criminology, an auxiliary discipline of criminal law, several practical, theoretical and normative lessons can be drawn; for example, the way it addresses the issue of information gathering. It also refers to its theoretical insights for the conceptual debate on crime and suggests methodological guidelines for the evaluation the impact of legal reforms. [ABSTRACT FROM AUTHOR]

The study of the intellectual property rights has been limited to establish mechanisms of protection for author's interests and in the legal benefits for the exclusive exploitation of their creations. More over the law and economics movement propose a new vision for these matter, looking for efficient systems to balance the author's particular interest in recover the invest made in their creation and the social interest in access to these novel creations This paper pretend to apply these new visions in the particular case of Colombian copyright law. [ABSTRACT FROM AUTHOR]

This research project tries to show that a unified discourse and a single global policy for liberalization and competition cuts across the economic and legal theory of transnational regulations of industry. The tension mediated by the concepts of harmonization, meaning that one regulation/standard is better that multiple regulations/standards, and the theory of international liberalization, meaning deregulation is better that regulation, brings many doubts about the phenomenon of international industrial regulation. The core of this project is to restate the problem of regulatory capture at a transnational level and show how it is possible, and profitable, for large corporations to capture transnational regulators with multilateral regulation or deregulation processes. [ABSTRACT FROM AUTHOR]

By using an economic model this paper describes and analyzes different forms of equilibrium within the market of the adhesion contracts where information is asymmetric and the agreement drafters decide which type of contract to offer considering that information is expensive for those who adhere. Under such conditions equilibriums are met in which contracts exist with the minimum possible quality associated to a price. In line with the economic analysis of law, the author concludes that the market is unable to correct inefficient agreements and this produces a limitation to the freedom of contract. This situation requires the implementation of controls over the contents of the adhesion contracts in order to ameliorate this result. [ABSTRACT FROM AUTHOR]

Sovereignty and the right to property share a common function, and may be seen as equivalent. This paper intends to argue such equivalence. In order to do so, it builds on COASE'S economic theory of property, and shows a close relation between COASE'S Theorem and the work of THOMAS HOBBES, which has, in turn, set much of the basic framework of modern international law. This interjection serves as the starting point for comparing HOBBES' Commonwealth with properly rights, but finds considerable differences in their nature. However, these differences are not present when comparing property with the Commonwealth's main feature: sovereignty. By applying certain methodological tools of comparative law, these similarities lead us to conclude that sovereignty and property, as legal institutions, follow the same logic, a conclusion that will be useful for further theorization on international law & economics. [ABSTRACT FROM AUTHOR]