Journals

Private ordering, collective action, and the self-enforcing range of contracts

Abstract  Contract enforcement is acknowledged as a major issue in Law and in Economics. Contrasting substitution and complementary
perspectives with respect to the role of private vs. public enforcement institutions, this article analyses how contract law
can support private institutions, and enhance economic efficiency. With multilateral agreements at stake, self-regulation
and reputation mechanisms at the core of private ordering have limitations that collective organizations backed by the Law
help to overcome. The analysis is substantiated by empirical data from the cattle industry. Our results suggest the need for
a broader approach to contract regulation by legal scholars and antitrust-authorities.

  • Content Type Journal Article
  • DOI 10.1007/s10657-009-9114-x
  • Authors
    • Armelle Mazé, INRA SAD-APT 16 rue Claude Bernard 75231 Paris Cedex 05 France
    • Claude Ménard, Centre d’Economie de la Sorbonne – Université de Paris (Panthéon-Sorbonne) 106 Boulevard de l’Hôpital 75647 Paris Cedex 13 France

On unobserved worker heterogeneity and employment protection

Abstract  
It has been claimed that employment protection aggravates problems of adverse selection if workers differ with respect to
their productivity. Analyzing European and US labor law, we identify regulations which work in the opposite direction. Where
employment protection legislation allows dismissals only for good cause and imposes social criteria upon the employer’s selection
process in the event of redundancies, the average productivity of hireable workers is shown to improve. However, we find that
the employers’ reduced freedom of choice more than offsets the productivity increase of newly hired workers and job creation
is deterred by employment protection legislation. Nevertheless, low-productivity workers may favor the introduction of employment
protection provisions.

  • Content Type Journal Article
  • DOI 10.1007/s10657-009-9115-9
  • Authors
    • Florian Baumann, University of Tübingen Department of Economics (V1) Melanchthonstr. 30 72074 Tübingen Germany


Iranian Islamic banking

Abstract  
Islamic finance is an old concept but a very young discipline in the academic sense. It lacks the required extent and level
of theories and models needed for expansion and implementation of the framework provided by Islam. In these circumstances,
unawareness and confusion exist as to the form of the Islamic financial system and instruments. The main difference between
the present economic system and the Islamic economic system is that the later is based on keeping in view certain social objectives
for the benefit of human beings and society. Islam, through its various principles, guides human life and ensures free enterprise
and trade. That is the reason why the conventional banker does not have to be concerned with the moral implications of the
business venture for which money is lent.

  • Content Type Journal Article
  • DOI 10.1007/s10657-009-9116-8
  • Authors
    • Ehsan Zarrokh, Islamic Law & Attorney at Law 2th Floor, Lawyers Bildg, Ghadir Square, Shahid Salari Alley Kermanshah Iran

Evidence of a filtered approach to environmental monitoring

Abstract  
This contribution focuses on the formulation of optimal inspection strategies and distinguishes between a targeting approach
and a filtered approach to monitoring. Using a case study for the Flemish textile industry, we investigate the costs and benefits
associated with specific monitoring and enforcement campaigns. The results show the beneficial role such campaigns can play
in an effective and efficient monitoring policy. Thus we provide empirical evidence of the advantages associated with the
filtered monitoring approach and show that filtering is an interesting complement to targeting.

  • Content Type Journal Article
  • DOI 10.1007/s10657-009-9117-7
  • Authors
    • Sandra Rousseau, K.U.Leuven Centre for Economic Studies Naamsestraat 69 3000 Leuven Belgium