Law and economics of the coronavirus crisis / edited by Klaus Mathis and Avishalom Tor.

Format:

Book

Contributor:

Mathis, Klaus, Dr. iur., editor.

Tor, Avishalom, editor.

Series:

Economic Analysis of Law in European Legal Scholarship

Economic Analysis of Law in European Legal Scholarship ; v.13

Language:

English

Subjects (All):

Legislation.

Physical Description:

1 online resource (408 pages)

Place of Publication:

Cham, Switzerland : Springer, [2022]

Summary:

The coronavirus pandemic struck unexpectedly, posing unprecedented challenges around the world. At the same time, this crisis also offers a unique opportunity for reflection, research, and insight regarding this and similar global and domestic crises. There is much to be learned from analysing the effects of the crisis. It provides a chance for a fresh scholarly examination of important aspects of legal regulation, policymaking, and more. This volume pursues these questions from a broad range of Law and Economics perspectives and is divided into two parts. The first part examines the immediate impact of and responses to the coronavirus crisis, while the second explores the future possibilities that scholarly analysis of this crisis can offer. As to the immediate impact and responses, questions of compliance with regulations and safety measures, nudging and decision-making with regard to the coronavirus crisis are examined from the perspective of behavioural economics. In addition, the short- and long-term effects of various emergency policy responses on contract law are studied. Current issues and challenges like the regulation of internet platforms, excessive pricing, the right to adequate food, risk and loss allocation, as well as remote learning and examinations, which have been impacted, brought about, complicated or aggravated by the coronavirus crisis, are analysed in depth. Lastly, future possibilities in the areas of data access rights, economic instability and the balance between political-economic interests and social interests, patenting, food labels and open data are illustrated.

Contents:

Intro

Preface

Contents

Part I: Immediate Impact and Responses

Law, Economics, and Compliance in the Times of COVID-19: A Behavioural Perspective

1 Introduction

2 Choosing the Means to Promote the Goal: Nudges v. Mandates

3 Nudges: Behaviourally Informed Messaging, and Choice Architecture

3.1 Behaviourally Informed Messaging

3.2 Choice Architecture

4 Harnessing Social Norms

5 Behavioural Ethics: Addressing Motivated Reasoning and Partisanship

6 Conclusion

References

Fake News in Times of Pandemic and Beyond: Enquiry into the Rationales for Regulating Information Platforms

1 Introduction: The Changing Landscape of Fake News

2 Regulating Online Platforms

2.1 Understanding Platforms as Information Intermediaries

2.2 Regulatory Initiatives Addressing the Platformization of the Media Space and Online Misinformation

2.2.1 Introduction

2.2.2 Developments in the United States

2.2.3 Developments in the European Union

Remarks on the General Framework for the Protection of Freedom of Expression

Specific Initiatives Regulating Platforms

3 Appraisal of the Emergent Regulatory Framework for Platforms

A Behavioural Economics Approach to the Covidian Crisis

2 Why Can We Not Learn from History?

3 Response to the Pandemic by Governments and Citizens

4 Behavioural Economics as a Public Health Support

5 Final Thoughts

Contracts and the Coronavirus Crisis: Emergency Policy Responses Between Preservation and Disruption

2 Emergency Policy Responses

2.1 Responses for Commercial Contracts

2.2 Responses for Consumer Contracts

2.3 Responses for Employment Contracts

2.4 Responses for Lease Contracts

3 Preservation, but Excuses and Remedies

3.1 Subsequent Impossibility of Performance.

3.2 Debtor´s Delay of Performance

3.3 Creditor´s Delay of Performance

4 Disruption, Either Adaption or Termination

4.1 Adaption and Termination Under Changed Circumstances

4.2 Termination for Cause

5 Conclusions

The Giant Awakens

2 The Giant in Chains: Excessive Pricing in Law &amp

Economics

2.1 Legal-Economics of Price, Value, and Profit

2.2 The Gigantic Debate: Arguments Pro and Contra Excessive Pricing Enforcement

2.3 Efficiency v Fairness

3 A Familiar Giant: Excessive Pricing in European Competition Law &amp

Policy

4 The Giant Awakens: Excessive Pricing and Price Gouging During the COVID-19 Crisis

4.1 United States

4.2 United Kingdom

4.3 European Union

4.4 South Africa

4.4.1 Babelegi Workwear

4.4.2 Dischem Pharmacies

4.4.3 Analysis of the Cases in Light of Normative Views on Excessive Pricing

5 Conclusion and Ways Forward

Balancing Lives and Livelihoods

2 The Obligation to Fulfil (Provide) the Right to Adequate Food

3 Key Argument

4 The Negative Impact of COVID-19 on the Right to Food and the Legal Obligation for States to Step in Through the Obligation t...

5 Challenges to Implementing the Obligation to Fulfil (Provide) the Right to Adequate Food in a Predominantly Informal Economy

5.1 The Magnitude of the Informal Economy

5.2 The Duration of the COVID-19 Pandemic in an Economy That Is Predominantly Informal as an Exacerbating Factor

6 Social Protection as a Long-Term and More Sustainable Means to Implement the Obligation to Fulfil (Provide) the Right to Food

6.1 The Complementarity Between Social Protection and the Obligation to Fulfil (Provide) the Right to Food

6.2 Informality of the Economy as a Challenge to Financing and Expanding the Right to Social Protection.

7 Using ``Maximum Available Resources´´ to Overcome Challenges Posed by the Prevalence of the Informality of the Economy

8 Conclusion

Books, Book Chapters and Journal Articles

Online Documents

Documents of United Nations Human Rights Mechanisms

Business Interruption Insurance and Covid-19: Between Embracing Risk and Spreading Loss

2 Business Interruption Insurance in the Context of Covid-19

2.1 Business Interruption Insurance in the UK

2.1.1 Disease Clauses: What is an ``Occurrence of Disease´´ That Triggers Business Interruption Cover?

2.1.2 Prevention of Access Clauses: Are Recommendations Sufficient or do we Need Mandates?

2.1.3 The ``Inability to Use´´ Clauses

2.1.4 The Question of Causation

Establishing Causality of Covid-19 Outbreaks to Establish Insurance Cover

Disease Clauses: How Many Outbreaks of Covid-19 Are Necessary?

Prevention of Access Clauses: The Cover Should not be Illusory

Concurrent Effects of the Covid-19 Pandemic

2.1.5 The Construction of Trends Clauses: The Scope of Indemnification

2.1.6 Preliminary Assessment of the Supreme Court´s Judgment

2.2 Developments in the US

2.2.1 Insurance Product Design and Regulatory Measures

2.2.2 The Position of the US Courts

3 Loss Spreading Under Business Interruption Cover

4 Conclusion

Remote Teaching and Remote Exams Due to COVID-19: Some Evidence from Teaching Law and Economics

2 Higher Education in the Time of COVID-19

3 European Master in Law and Economics: The Programme and its Organization

4 Available Data

5 Discussion

Part II: Future Possibilities

Access and Development Rights in Pandemic Crises

2 Broadening the Scope of Access Rights

2.1 Open Society and Fundamental Rights.

2.2 Legal and Factual ``Holding´´ of Data

2.2.1 Limited Scope of Ownership Rules

2.2.2 Factual Control of Data

2.3 Way Forward

2.3.1 International Legal Instruments (UNESCO, ICESCR)

2.3.2 Court Practice (ECOWAS)

2.3.3 Interim Conclusion

3 Revitalising Development Rights

3.1 International Legal Instruments

3.1.1 Existing Covenants and Declarations

3.1.2 New Initiatives

3.2 Need for a More Inclusive Approach

4 Outlook

COVID-19 and the Issue of Affordable Access to Innovative Health Technologies: An Analysis of Compulsory Licensing of Patents ...

2 Compulsory Licensing: The Most Controversial Public Health Flexibility

3 Compulsory Licensing is Procedurally Cumbersome

4 The Uses of Compulsory Licensing Flexibility Since the Doha Declaration

5 Recent Developments in Response to COVID-19

Financial (In)Stability and the UN´s Agenda 2030 on Sustainable Development in the Face of the Coronavirus Crisis

1 The Rise of Economic and Financial Stability as a Driver of Contemporary International Economic Relations

2 The Success of the Neo-Liberal Economic Order and Its Subsequent Crisis

3 The Advent of the Coronavirus Emergency and the Need for a Change of Approach to Achieve Economic and Financial Stability

4 The Transformative Power of the UN´s Agenda 2030 for a Better and More Stabilized International Economic Order

Innovative Foods with Transparent Labels That Will Have the Next Pandemic for Breakfast

1.1 Incursions Into Nature

1.2 Animal-Industrial Complex

1.3 Fur Farms

1.4 Quiet Assassins

1.5 Inefficient Meat Production

1.6 Negative Externalities

1.7 Pushback

2 Innovative Foods and Their Names

2.1 Plant-Based Food

2.2 Cell-Cultured Meat.

3 Regulation for Innovative Food

3.1 Quality Regulation

3.2 Standard of Identity of Food

the Checkpoint for TiL Legislation

3.2.1 Standard of Identity for Food

3.2.2 Reform of Regulation (EU) No. 1308/2013

Amendment 165 ``Veggie Burger Ban´´

Amendment 171 Extension of the Existing ``Dairy Ban´´

3.2.3 Mismatch of Amendment 171 with EU Policy Goals

Health

Sustainability

Ethics

Transition

Clear Information

3.3 Farm to Zoonotic Disease

4 TiL, Transparency and Commercial Speech

4.1 ``A Solution in Search of a Problem´´

4.2 The Knife Cuts Both Ways

4.2.1 Deceptive Advertisements

4.2.2 Ag-Gag Laws

4.2.3 Country-of-Origin

4.2.4 Food Libel Laws

4.3 Consumer Confusion or Commercial Speech

4.3.1 Empirical Research

4.3.2 Piggybacking on the Plant-Based Popularity Diluting the Meaning of Plant-Based

5 Labelling and the Government´s Role to Stimulate or Stifle Certain Food

5.1 Contradictory Campaigns

5.2 Subsidies to the Animal-Based Industry

5.3 Regulatory Capture

5.4 Market Mechanism

5.5 Efficiency Gains

The Coming of Age of Open Data

2 Characteristics of Data &amp

Privacy

2.1 The Nature of Goods &amp

Services

2.1.1 Rivalrous or Nonrivalrous

2.1.2 Excludable or Nonexcludable

2.1.3 Four Classifications of Goods &amp

2.2 Framework for Assessing Privacy

3 The Life Cycle of Data

4 The Incentives to Open Data

4.1 Benefits to Governments to Provide Open Data

4.2 Benefits to Private Enterprises to Provide Open Data

4.3 Benefits to Households and Individuals to Provide Open Data

5 Open Data as an Antitrust Remedy

Index.

Notes:

Includes index.

Description based on print version record.

Other Format:

Print version: Mathis, Klaus Law and Economics of the Coronavirus Crisis

ISBN:

3-030-95876-0