bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Nature of Law
Authors: Feldman Robin 
Published: May 2009

Abstract
This chapter addresses the nature of law. It explores the way in which societal change and human nature drive law toward the open spaces created by existing doctrinal structures. It considers and rejects the notion that law related to technology might require a different role for science. It then compares the process of patent interpretation to constitutional interpretation, noting that in both settings, the law is trying to interpret the extent of rights granted with a document in the context of rapidly changing meaning and knowledge. The chapter describes the process of law as an expression of Bounded Adaptation in which those adaptations are evaluated within the prevailing norms of the relevant sphere of acceptance. It concludes by exploring how internalization and externalization of science are ill suited to law's process of adaptation.
What is Science?
Authors: Feldman Robin 
Published: May 2009

Abstract
This chapter highlights key moments in which science emerges and separates from other types of intellectual inquiry. In particular, it focuses on three periods of history that are critical to the development of the law/science relationship: ancient Greece, the Scientific Revolution in Europe, and 20th-century reevaluations of the meaning of science. In highly simplified form, what we think of as science today begins its history deeply entwined with philosophy and theology.
Misunderstanding the Limits of Science
Authors: Feldman Robin 
Published: May 2009

Abstract
This chapter explains that the revolution in modern views of science has gone largely unnoticed in law. It discusses how our failure to understand the limitations of science creates distortions in the legal system as we forge ahead trying to let science solve our problems. In this context, the chapter looks at past misuse of scientific or pseudo-scientific evidence as well as the potential for future misuse of evidence related to modern technologies such as fMRI. Specifically, this chapter looks at misuse of science in the well-known school desegregation case Brown v. Board of Education, in labor law, in cases related to the size of the jury, and in the admissibility standard for expert testimony. It also describes the value of including social science in the category of the sciences for which we reach in law. This grouping is important for understanding the instinct within law to look for the “authoritative other,” something external to law that we interpret as having superior reliability.
Improving the Role of Science in Law
Authors: Feldman Robin 
Published: May 2009

Abstract
Despite the many times that the law has stumbled in its interactions with science, there are examples where the law has gotten it right. This chapter describes some of these examples, using them to help craft a more effective role for science in law. In particular, the chapter looks at examples from laws related to the civil commitment of children and to paternity. It also suggests four approaches to help avoid the repeated pattern of failure: operating within law's parameters, using science for testing and transformation, protecting the structure of the dialogue, and embracing imperfection. In particular, this chapter describes how current problems in the Federal Circuit were structurally predictable, argues against specialized tribunals, and recommends the implementation of Plain Language Patents. This chapter also applies the logic suggested to the problem of pay-for-delay settlements between pharmaceutical companies and generic drug companies under the Hatch-Waxman Act.
Conclusion
Authors: Feldman Robin 
Published: May 2009

Abstract
This chapter presents some concluding thoughts from the author. It argues that perpetual forays to find better law through science are incapable of solving law's frustrations, but they do create distortions in the legal realm. When the legal system relies on science for crafting rules, those rules lack the flexibility and dexterity necessary for effective participation in the process of legal evolution. Moreover, relying on science creates the illusion of reasonable resolution and masks a failure to resolve the issues at hand or to take responsibility for the decisions we have made. However, if we can adjust our vision of both law and science, we may be able to recognize that law has no need of rescue and that science can never be a knight in shining armor. Law's answers, as imperfect as they are, must be developed within law itself.
2 The Self‐Interest‐Based Contractarian Response to the Skeptic
Authors: Superson Anita M. 
Published: May 2009

AbstractThis chapter examines the self‐interest based contractarian response to the skeptic. Such contractarians (e.g., Gauthier) reject the Hobbesian strategy of demonstrating that every morally required action is rationally required because it is in the agent's self‐interest, and aim to defeat the skeptic by showing that it is rationally required because in the agent's self‐interest to adopt a moral disposition. But then they must demonstrate the rationality of morally required actions expressing the disposition. They might defend either the Dependency Thesis, according to which the rationality of morally required acts depends on the rationality of the disposition they express, or the Independency Thesis, according to which the rationality of morally required acts is independent of the disposition they express. This chapter argues that neither view offers a successful defeat of action skepticism, and raises questions about the traditional skeptic concerning expected utility and action skepticism.
8 The Interdependency Thesis
Authors: Superson Anita M. 
Published: May 2009

AbstractThis chapter defends the Interdependency Thesis, according to which we assess the rationality of an agent's actions not independently of the agent who performs them, but as actions performed by a certain kind of agent—we assess the rationality of dispositions and actions jointly. It defends an alternative model of rationality to expected utility that relies on various levels of consistency, primarily in the sense of coherence existing between an agent's reasons for adopting a moral disposition, the argument for the moral theory or set of principles the agent adopts which relies on the Kantian notion of the equal worth of persons, the agent's reasons for acting, and the agent's desire to be a moral person as reflected in the maxim the agent adopts. Establishing both the Interdependency Thesis and either the rationality of being morally disposed or acting morally defeats both disposition and action skepticism at once.
Double Tax Treaties: An Introduction
Authors: Avi-Yonah Reuven S. 
Published: May 2009

AbstractThis chapter discusses double taxation treaties (DTTs). The existing network of more than 2,500 bilateral DTTs represents an important part of international law. Current DTTs are all based on two models, the Organization for Economic Co-operation and Development (OECD) and United Nations (UN) model DTTs, which in turn are based on models developed by the League of Nations between 1927 and 1946. All DTTs are remarkably similar in the topics covered (even the order of articles are always the same) and in their language. About 75% of the actual words of any given DTT are identical with the words of any other DTT. Thus, the DTT network is the most important element of the international tax regime, that is, the generally applicable rules governing income taxation of cross-border transactions.
The Impact of Bilateral Investment Treaties on Foreign Direct Investment
Authors: Egger Peter , Pfaffermayr Michael 
Published: May 2009

AbstractThis chapter conducts an empirical assessment of the impact of BITs on FDI stocks. It estimates several variants of the knowledge-capital model of multinational enterprises (MNEs) using the largest available panel of outward FDI stocks provided by the Organization for Economic Cooperation and Development (OECD), which contains FDI of OECD countries into both OECD and non-OECD economies. It shows significant and positive impact of ratified BITs throughout. The estimated effect of BITs on real outward FDI stocks amounts to about 30% in the preferred specification. The chapter also looks at whether simply signing a BIT will have a positive anticipation effect. It finds a positive impact from signing a treaty, although its magnitude is smaller than that associated with the ratification of an existing treaty. However, the estimated anticipation effect is insignificant, in most specifications, leading the conclusion that the advantages to simply signing a BIT are inconsequential.
The Global BITs Regime and the Domestic Environment for Investment
Authors: Rose-Ackerman Susan 
Published: May 2009

AbstractThis chapter examines the impact of bilateral investment treaties (BITs) on foreign direct investment (FDI). It introduces the basic theoretical framework developed in Bubb and Rose-Ackerman (2007) and in Tobin and Rose-Ackerman (2008), and then summarizes the empirical finding of Tobin and Rose-Ackerman. It offers some thoughts on the rise of the BITs regime and its implications for the possibility of a Multilateral Investment Agreement. The chapter shows that BITs have a positive impact on FDI flows to developing countries, but only in interaction with the political and economic environment for investment.
Do Bilateral Investment Treaties Attract FDI? Only a Bit … and They Could Bite
Authors: Hallward-Driemeier Mary 
Published: May 2009

AbstractThis chapter addresses the question of whether bilateral investment treaties (BITs) attract foreign direct investment (FDI). Analysis of twenty years of bilateral FDI flows from the Organization for Economic Cooperation and Development (OECD) to developing countries finds little evidence that BITs have stimulated additional investment. Those countries with weak domestic institutions, including protection of property, have not received significant additional benefits: a BIT has not acted as a substitute for broader domestic reform. Rather, those countries that are reforming and already have reasonably strong domestic institutions are most likely to gain from ratifying a treaty. That BITs act as more of a complement to than a substitute for domestic institutions means that those that are benefiting from them are arguably the least in need of a BIT to signal the quality of their property rights.
Why Do Developing Countries Sign BITs?
Authors: Swenson Deborah L. 
Published: May 2009

AbstractThis chapter examines the correlation between previous foreign investment and the signing of bilateral investment treaties (BITs) to explore whether there is any evidence that the signing of BITs is investor-driven. It also looks at how BITs affect the flow of investments between countries when a wide range of controls for the economic environment, such as home and host GDP, wage rates, and risk measures are considered. The chapter identifies two factors that are likely to influence the observed benefits of country decisions to enter into BITs. First, although treaties are viewed as forward-looking tools that are signed to gain future investments, treaty signing also has a backward-looking element. In particular, countries that had already received larger stocks of foreign investment are more likely to sign BITs than countries that had been less successful in attracting foreign investment. This result suggests that the interest of exiting foreign investors drove the signing of BITs, at least in part. The second conclusion of this chapter is that controls for timing, intrinsic country attractiveness, and investor identity are all important. When these issues are addressed, BIT signing did help developing countries attract a larger volume of foreign investment.
Do Bilateral Tax Treaties Promote Foreign Direct Investment?
Authors: Blonigen Bruce A. , Davies Ronald B. 
Published: May 2009

AbstractThis chapter provides some evidence on the effect of bilateral tax treaties on foreign direct investment (FDI) activity. Using Organization for Economic Cooperation and Development's (OECD) data, it shows that new treaty activity (during the 1983–1992 period) suggests strong negative impacts on FDI. Despite the positive correlation in the case of much older treaties, this evidence cannot be weighed heavily since FDI activity before these treaties were in place cannot be observed. The results are consistent with previous work by Blonigen and Davies (2001) using only U.S. data. Thus, in conjunction with this earlier work, the results cast doubt upon the FDI promotion rationale for treaty formation, which stands in contrast to the conventional wisdom among many economists and lawyers.
Tax Treaties for Investment and Aid to Sub-saharan Africa: A Case study
Authors: Christians Allison 
Published: May 2009

AbstractThis chapter begins with an overview of the background and function of tax treaties and their proclaimed benefits. It then presents the case study of a hypothetical tax treaty between the United States and Ghana. It shows that such a treaty would produce few tax benefits to current or potential investors and would therefore be largely ineffective in stimulating trade and investment between these two countries. It is argued that after decades of adherence to the promise of tax treaties, we must acknowledge their failure to deliver and search for alternative ways to achieve the goal of promoting aid through the vehicles of investment and trade.
It’s All in the Timing: Assessing the Impact of Bilateral Tax Treaties on U.S. FDI Activity
Authors: Millimet Daniel L. , Kumas Abdullah 
Published: May 2009

AbstractIn light of the important and expanding role of foreign direct investment (FDI) in today's global economy, a vast literature has emerged attempting to uncover the salient factors determining the spatial and temporal pattern of FDI activity. This chapter investigates one potential factor: bilateral tax treaties. The chapter is organized as follows: Section A describes the empirical methodology. Section B discusses the data. Section C presents the results, while Section D concludes.
CHAPTER 6 Rationality and Intransitive Preference
Authors: Anand Paul 
Published: May 2009

Abstract
This chapter provides an overview of what has been called by philosophers the “modern view“ of formal rational choice by focussing on the arguments relating to rational agency and transitive (intransitive) preference. In particular it demonstrates that the logical and semantic arguments are either question‐begging or incomplete. Suggesting that static and dynamic justifications of transitivity are essentially distinct, it identifies a number of problems with the standard money‐pump argument that purports to show why rational agents' preferences are necessarily constrained to have the transitivity property. Subsequently, constructive examples indicating how and when rational agents would want to exhibit intransitive preferences are discussed and finally some of the more recent explicitly game‐theoretic treatments of the argument are discussed. It concludes by suggesting that expected utility should be regarded as a model of context‐free choice, and that a wide range of more general models with the ability to reflect the structure of preference should be seen as modelling rational phenomena.
CHAPTER 7 Dutch Book Arguments
Authors: Hájek Alan 
Published: May 2009

Abstract
Dutch Book arguments purport to show that rationality requires certain constraints on an agent's subjective probabilities, on pain of the agent being susceptible to sure losses in corresponding bets. This survey offers critical assessments of several kinds of Dutch Book arguments. The chapter begins with the classic argument for obedience to the probability calculus, emphasizing both its literal interpretation in terms of monetary losses at the hands of a cunning bettor, and the interpretation that this merely dramatizes a deeper underlying defect, an inconsistency in the agent's credences. The chapter then discusses “diachronic” Dutch Book arguments that concern constraints on how agents should update their credences in the face of evidence. Finally, the chapter canvases some more “exotic” Dutch Book arguments and some recent developments.
CHAPTER 11 Imitation and Learning
Authors: Alós‐Ferrer Carlos , Schlag Karl H. 
Published: May 2009

Abstract
As a learning rule in the context of bounded rationality, imitation is both common and plausible. Its strength is that it relies on minimal information about the environment. In its general form, imitation is nevertheless quite complex since the agent has to specify whom, when and with which propensity to imitate. Some forms of imitation perform well while others do not. This chapter demonstrates, for a variety of different environments, which forms of imitation can be individually or socially desirable. One basic intuition is that when agents within a population face similar choices under uncertainty, imitation can lead to a form of information aggregation. Play within the population serves as a memory of how the different actions performed on average. Special circumstances arise in strategic environments where one may be learning from competing agents. Long‐run predictions of imitative behavior are presented in pure decision problems and strategic settings and related to benchmarks such as evolutionary stability.
CHAPTER 19 Judgment Aggregation
Authors: List Christian , Puppe Clemens 
Published: May 2009

Abstract
The chapter surveys the recent and fast‐growing literature on the aggregation of logically interrelated propositions, following List and Pettit's formalization of the “doctrinal paradox”. The classical preference aggregation problem is a special case in which propositions take the form of binary preference judgments (“alternative x is better than alternative y”). The first part of the chapter focuses on aggregation methods that satisfy an Arrowian independence condition (“propositionwise aggregation”). In the independent case, the literature has produced a number of general characterization results that precisely demarcate the circumstances in which satisfactory aggregation is possible from those in which it is not Arrow's impossibility theorem and Gibbards oligarchy theorem are special cases of these results. The independence condition is, however, not uncontroversial and the second part of the chapter considers various relaxations of it. Judgment aggregation is still a very active field and the chapter concludes with an outlook on what we believe are important topics for future research.
Command Responsibility as a Sui Generis Form of Liability for Omission
Authors: Mettraux Guenael 
Published: May 2009

Abstract
This chapter outlines the discussion surrounding the debate over the nature of the doctrine of superior responsibility as a form of criminal liability. It argues that command or superior responsibility constitutes a sui generis form of liability for omission. A superior is, therefore, held criminally responsible for a grave failure (attributable to him) to adopt necessary measures to prevent or punish crimes of subordinates. The chapter also traces the origin of that doctrine in the concept of ‘responsible command’ and discusses the division of labour operated between international law and national law as regard the scope and nature of duties of superiors. It details the nature of the duties that lie upon a superior to act to prevent and punish crimes, and why those duties must be distinguished from those of his subordinates or of that State of which he may be an official. The chapter discusses the necessary relationship that exists between the culpable conduct of the superior and the underlying crimes that form the basis of the charges against him. Finally, it touches upon the question of overlaps between different forms of liability and the important issue of sentencing in cases of superior responsibility.
Scope of Application of the Doctrine of Command Responsibility—International and Internal Conflicts as well as Peacetime?
Authors: Mettraux Guenael 
Published: May 2009

Abstract
This chapter discusses the scope of application of the doctrine of superior responsibility, in particular the question of whether it applies in the context of both international as well as internal armed conflict and whether that doctrine applies, as a matter of international law, to situations where no armed conflict exists.
Trade and the Environment
Authors: Vranes Erich 
Published: May 2009

Abstract
This book deals with a central topic in general international law, WTO law, and international environmental law, namely the relevance of the WTO legal system for environmental protection. The relationship between WTO law and international and domestic efforts to protect the environment has moved to centre stage in WTO and international environmental law. It has also spurred the discussion on fragmentation in international law in recent years. This book analyses these issues by examining the ‘horizontal’ interaction between WTO law and ‘other’ international law, the ‘vertical’ relationship between WTO law and domestic law, and the contents of and interrelations between fundamental provisions of WTO law. This study relies on established insights from legal theory in order to achieve greater clarity in legal argumentation. The main results of this analysis are applied to two topical instances of international regime interplay, namely the relevance of WTO law for international and domestic measures protecting the earth's climate and the ozone layer. A series of controversial topics in WTO and general international law are addressed in this book such as the notion of conflicts of norms and the resolution of conflicts of norms; the role of international law in WTO proceedings; extraterritorial jurisdiction and unilateral trade measures; proportionality and balancing of interests in international and WTO law; the core disciplines of the GATT and the TBT Agreement; process and production-based measures (PPMs) in WTO law; and climate protection, protection of the ozone layer, and WTO disciplines.
Thinking About Nuclear Weapons
Authors: Quinlan Michael 
Published: May 2009

Abstract
This book reflects the author's experience across more than forty years in assessing and helping to shape policy about nuclear weapons, mostly at senior levels close to the centre both of British governmental decision-making and of NATO's development of plans and deployments, with much interaction also with comparable levels of United States activity in the Pentagon and the State Department. From this exceptional background of practical experience Part I of this book seeks to distill basic conceptual ways of understanding the nuclear revolution—the transformation brought about by the existence of nuclear weapons, and their significance in preventing major war. It also surveys NATO's progressive development of thinking about nuclear deterrence, and then discusses the deep moral dilemmas posed—for all possible standpoints—by the existence of such weapons. Part II considers the risks and costs of nuclear-weapon possession, including proliferation dangers, and looks at both successful and unsuccessful ideas for risk-management. Part III illustrates specific issues by reviewing the history and current policies of one long-established possessor, the United Kingdom, and two more recent ones in South Asia. Part IV turns to the future, examines the goal of the eventual abolition of all nuclear armouries, and then discusses the practical agenda, short of such a goal, which governments can usefully tackle in reducing the risks of proliferation and other dangers while not surrendering prematurely the war-prevention benefits which nuclear weapons have brought since 1945.