Specifying and Monitoring Market Mechanisms Using Rights and Obligations

We provide a formal scripting language to capture the semantics of market mechanisms. The language is based on a set of well-defined principles, and is designed to capture an agent’s rights, as derived from property, and an agent’s obligations, as derived from restrictions placed on its actions, either voluntarily or as a consequence of other actions. Rights and obligations are viewed as first-class goods, from which we define fundamental axioms about well-functioning market-oriented worlds. Coupled with the scripting language is a run-time system that is able to monitor and enforce rights and obligations. Our treatment extends to represent a variety of market mechanisms, ranging from simple two-agent single-good exchanges to complicated combinatorial auctions.Engineering and Applied Science

Stabilizing “Pillar One”: Corporate Profit Reallocation in an Uncertain Environment

This paper is about how the world reestablishes international tax order. The paper focuses on the OECD’s work on profit reallocation and asks whether this multilateral effort can be successful in stabilizing the international tax system. The analysis centers on the current leading concepts for reallocating profit among jurisdictions under what is known as “Pillar One” of the OECD work programme. To analyze whether any Pillar One concept can be turned into a stable multilateral regime, it is necessary to specify certain elements of what a proposal to reallocate profits might entail. Accordingly, this paper sets out two strawman proposals. One strawman uses a “market intangibles” concept that explicitly separates routine and residual returns. The other strawman may reach a similar result, but does not explicitly attempt to separate routine and residual returns. Instead, in current OECD parlance, it might be described as a “distribution-based” approach. The paper asks whether either of the two strawmen could be agreed and stabilized multilaterally given the tools of modern international tax diplomacy. I conclude that the current procedural and institutional architecture for cementing international tax relations among states is inadequate to stabilize either of the strawmen. Nevertheless, with certain changes, reestablishing order may be possible. Moreover, I conclude that there are six key structural decisions that impact the ability to stabilize the international tax architecture in any Pillar One approach, and that these decisions are likely to be implicitly made in the course of choosing a political direction for Pillar One work in 2019. The choices made with regard to these decisions determine whether or not it will be possible to stabilize Pillar One. Even if good resolutions are reached along these six dimensions, there are only a couple paths to stabilize the system. One path would involve using every tool in the current OECD arsenal in new and more expansive ways, and then substantially depoliticize international tax matters and remove G20 involvement, such that logics of appropriateness developed among tax administrators isolated from political pressures and acting through transnational networks could lend stability to a new set of rules and principles. Even then, only a few Pillar One compromises could be stabilized this way. The alternative path, which could stabilize a broader range of proposals, requires formalizing the new regime in international law through a true multilateral treaty

Fundamental Labour Rights after the Lisbon Agenda. WP C.S.D.L.E. "Massimo D'Antona" N. 36/2005

[From the Introduction]. This chapter is focused principally on current developments in European social and employment policies. The intention is to consider the original character of EU legal approaches in these fields and to investigate whether, using the notion of fundamental labour rights, there can be a beneficial expansion of this notion by means of a broader circulation of international sources. ‘Circulation’ is a notion grounded on the necessary interrelation – and in some cases the interdependence – of sources generated within different legal systems. A ‘pluralistic’ point of view, not new in Western European legal traditions, reappears in current legal discourse. The main objective of this chapter is to capture developments occurring within national and supranational legal orders, and to interpret their possible outcomes in terms of new entitlements both for individuals and for groups. The hypothesis on which this chapter is based is that the evolution of labour law at national level has been influenced by EU law, while maintaining its own dominant characteristics. This observation suggests that national diversities enrich the multi-cultural and multi-level legal environment in which law-making takes place. In the first phase of the so-called Lisbon strategy, national legislatures have been extremely active in furthering labour law reforms. Legislation adopted over the years has intervened significantly in the regulation of individual contracts of employment and, more broadly, has had an impact on the reform of national labour markets. If one bears in mind the original four pillars of the European employment strategy (EES), one soon realizes that there has been a convergence of national legislatures towards similar areas of intervention. A related argument is that national legislatures had a rather predictable canvas on which lines could be drawn and colours could be mixed

Constraint rule-based programming of norms for electronic institutions

Peer reviewedPostprin

Web Services Support for Dynamic Business Process Outsourcing

Outsourcing of business processes is crucial for organizations to be effective, efficient and flexible. To meet fast-changing market conditions, dynamic outsourcing is required, in which business relationships are established and enacted on-the-fly in an adaptive, fine-grained way unrestricted by geographic distance. This requires automated means for both the establishment of outsourcing relationships and for the enactment of services performed in these relationships over electronic channels. Due to wide industry support and the underlying model of loose coupling of services, Web services increasingly become the mechanism of choice to connect organizations across organizational boundaries. This paper analyzes to which extent Web services support the dynamic process outsourcing paradigm. We discuss contract -based dynamic business process outsourcing to define requirements and then introduce the Web services framework. Based on this, we investigate the match between the two. We observe that the Web services framework requires further support for cross - organizational business processes and mechanisms for contracting, QoS management and process-based transaction support and suggest ways to fill those gaps

Contractual heterogeneity in strategic alliances.

We investigate firms' alliance design choices by examining alliances as multifaceted contractual forms. The analysis explores the contractual heterogeneity underlying alternative governance structures for alliances, the bundling of different contractual provisions, and the dimensionality of the contractual completeness construct. The empirical evidence indicates that the complexity of collaborative agreements ­in terms of the number and stringency of provisions­ is greater for alliances that are strategically important and that involve high levels of asset specificity. Factor analysis of tetrachoric correlations among eight contractual provisions reveals two distinct dimensions of contractual completeness. Partners with prior collaborative relationships tend to institute fewer contractual provisions for monitoring and control of an alliance. Relative to open-ended contractual agreements, time-bound alliances tend to rely less heavily on such provisions, but more so on safeguards concerning confidential and proprietary information, alliance termination, and the adjudication of disputes by third parties.alliance design; governance structures; collaborative agreements; alliance termination;

Protecting mobile money customer funds in civil law jurisdictions

The provision of financial services through mobile phones is a powerful tool to foster financial inclusion, and thus economic growth, in developing countries. However, it raises important regulatory issues. Given the vulnerability of most potential customers of these services, the protection of customer funds is important. In common law countries, trust accounts are an effective response to these concerns. In civil law jurisdictions however, in the absence of trusts, protection of customer funds is more difficult. This paper identifies the theoretical and practical problems that regulators in civil law jurisdictions might face when trying to protect customer funds and explores how fiduciary contracts, mandate contracts and direct regulation might be used to achieve this goal. It offers a series of practical recommendations for policymakers in developing countries that provide a range of regulatory options that combine private law and regulation

Enforcement in Dynamic Spectrum Access Systems

The spectrum access rights granted by the Federal government to spectrum users come with the expectation of protection from harmful interference. As a consequence of the growth of wireless demand and services of all types, technical progress enabling smart agile radio networks, and on-going spectrum management reform, there is both a need and opportunity to use and share spectrum more intensively and dynamically. A key element of any framework for managing harmful interference is the mechanism for enforcement of those rights. Since the rights to use spectrum and to protection from harmful interference vary by band (licensed/unlicensed, legacy/newly reformed) and type of use/users (primary/secondary, overlay/underlay), it is reasonable to expect that the enforcement mechanisms may need to vary as well.\ud \ud In this paper, we present a taxonomy for evaluating alternative mechanisms for enforcing interference protection for spectrum usage rights, with special attention to the potential changes that may be expected from wider deployment of Dynamic Spectrum Access (DSA) systems. Our exploration of how the design of the enforcement regime interacts with and influences the incentives of radio operators under different rights regimes and market scenarios is intended to assist in refining thinking about appropriate access rights regimes and how best to incentivize investment and growth in more efficient and valuable uses of the radio frequency spectrum

Contractual allocation of decision rights and incentives: The case of automobile distribution

We analyze empirically the allocation of rights and monetary incentives in automobile franchise contracts. These contracts substantially restrict the decision rights of dealers and grant manufacturers extensive contractual completion and enforcement powers, converting the manufacturers, de facto, in a sort of quasi-judiciary instance. Variation in the allocation of decision rights and incentive intensity is explained by the incidence of moral hazard in the relation. In particular, when the cost of dealer moral hazard is higher and the risk of manufacturer opportunism is lower, manufacturers enjoy more discretion in determining the performance required from their dealers and in using mechanisms such as monitoring, termination and monetary incentives to ensure such performance is provided. We also explore the existence of interdependencies between the different elements of the system. and find some complementarities between completion and termination rights, and between monitoring rights and the intensity of incentives.Franchising, contracts, self-enforcement, incentives, complementarities, automobiles