Territoriality of Law and the International Trade Game: Towards a New Institutional Economics of International Transactions

The conventional theory of international trade is dominated by a model presupposing a legal order that is perfect in its specifications and controllability, binding for all economic agents, no matter their nationality. World order appears to be cosmopolitan in the sense of Kant. An international private law community such as this, however, does not exist. In fact, there is a multitude of legal orders and a territoriality of law, leading to problems largely neglected in the traditional theory of international trade. They are at the heart of what we would like to call the New Institutional Economics of International Transactions (NIEIT) – a research program which started from a monograph published in 1990 (see Schmidt-Trenz 1990). This paper addresses two questions: Which specific problems emerge in contracts and the contracting process because of factors such as the multitude of legal orders and the territoriality of law? What solutions are there to these problems a) on the level of the law, and b) in the shadow of the law or completely independent of it (?private ordering?)? How do they work from an efficiency point of view? We restrict attention to the international exchange of goods. However, the insights gained can be transferred to other types of transactions, such as international finance transactions, direct investment, and investment agreements. --conflict of law,international private law,transaction costs,enforcement of judgements,private ordering

Enlargement of the European Union and the approximation of law: Lessons from an economic theory of optimal legal areas

Before joining the European Union countries from Central and Eastern Europe have to adopt the acquis communautaire, i.e. the system of legal rules developed in the Union. The paper outlines an economic theory of optimum legal areas, that is used to determine the optimal size of the Union as well as winners and losers of enlargement. The model also allows to identify an applicants dilemma: by adopting the acquis potential entrants reduce the probability of admittance to the club.Vor ihrem Eintritt in die Europäische Union müssen die mittel- und osteuropäischen Länder den sog. acquis communautaire, das System der Rechtsregeln, das sich in der EU herausgebildet hat, übernehmen. Dieser Beitrag präsentiert eine Theorie optimaler Rechtsräume, die dazu genutzt wird, die optimale Größe der Union sowie Gewinner und Verlierer der Erweiterung zu bestimmen. Das Modell erlaubt daneben die Identifizierung eines Beitrittskandidaten-Dilemmas: Indem sie den acaquis communautaire übernehmen, reduzieren die Kandidaten die Wahrscheinlichkeit ihrer Aufnahme in die EU

Territoriality of Law and the International Trade Game: Towards a New Institutional Economics of International Transactions

The conventional theory of international trade is dominated by a model presupposing a legal order that is perfect in its specifications and controllability, binding for all economic agents, no matter their nationality. World order appears to be cosmopolitan in the sense of Kant. An international private law community such as this, however, does not exist. In fact, there is a multitude of legal orders and a territoriality of law, leading to problems largely neglected in the traditional theory of international trade. They are at the heart of what we would like to call the New Institutional Economics of International Transactions (NIEIT) – a research program which started from a monograph published in 1990 (see Schmidt-Trenz 1990). This paper addresses two questions: Which specific problems emerge in contracts and the contracting process because of factors such as the multitude of legal orders and the territoriality of law? What solutions are there to these problems a) on the level of the law, and b) in the shadow of the law or completely independent of it (?private ordering?)? How do they work from an efficiency point of view? We restrict attention to the international exchange of goods. However, the insights gained can be transferred to other types of transactions, such as international finance transactions, direct investment, and investment agreements

Preparation, characterization and sintering behavior of barium titanate powders coated with Ba-, Ca-, Si- and Ti-containing components

An emulsion technique and spray drying were used to prepare BaTiO3 powders coated with additives. Different additive compositions (TiO2; TiO2/SiO2; CaO/TiO2/SiO2; 2BaO/TiO2/2SiO2) were used in the form of their aqueous precursor solutions. The as-received powders were compared with powders of the same composition manufactured by conventional wet-milling. The coating of the BaTiO3 powder positively influences the sintering behavior. Isothermal dilatometric measurements show that the activation energy &Delta;E of the shrinkage of the coated powders is lower than that of the powders prepared by milling. This is caused by the homogeneous distribution of the additive. The activation energy for the different additives changes in the following sequence: &Delta;E(2BaO/TiO2/2SiO2) < &Delta;E(TiO2) < &Delta;E(CaO/TiO2/SiO2) < &Delta;E(TiO2/SiO2). This sequence correlates with the amount of Ba ions necessary to diffuse out of the BaTiO3 matrix to form the secondary phases Ba2TiSi2O8 or Ba6Ti17O40, respectively

One Market, One Law: EU Enlargement in light of the economic theory of optimal legal areas

Drawing on a new analytical framework provided by the economic theory of optimal legal areas, this paper identifies the factors determining the optimal size of the European Union. It applies this theory to the question of how enlargement affects the welfare of the current and the new members of the European Union as well as that of the non-qualified countries. A welfare analysis reveals that enlargement can be a pareto-superior move. But, it also shows that enlargement can impose a negative externality on those countries left behind. In this case the results of a Kaldor-Hicks test are mixed. Furthermore, it is shown that the enlargement decision of the Union is unlikely to maximize overall welfare

Psychologische Aspekte der Schuldfähigkeit (im Sinne des § 51 StGB bzw. 24/25 E 1962)

Thomae H, Schmidt HD. Psychologische Aspekte der Schuldfähigkeit (im Sinne des § 51 StGB bzw. 24/25 E 1962). In: Undeutsch U, ed. Forensische Psychologie. Handbuch der Psychologie ; 11. Göttingen: Hogrefe; 1967: 326-396

Zustimmungstendenz (social acquiescence) und Prestige-Suggestibilität

Schmidt HD. Zustimmungstendenz (social acquiescence) und Prestige-Suggestibilität. In: Irle M, ed. Bericht über den 26. Kongreß der Deutschen Gesellschaft für Psychologie in Tübingen 1968. Göttingen: Hogrefe; 1969: 501-508

Biogeochemical potential of biomass pyrolysis systems for limiting global warming to 1.5 °C

Negative emission (NE) technologies are recognized to play an increasingly relevant role in strategies limiting mean global warming to 1.5 °C as specified in the Paris Agreement. The potentially significant contribution of pyrogenic carbon capture and storage (PyCCS) is, however, highly underrepresented in the discussion. In this study, we conduct the first quantitative assessment of the global potential of PyCCS as a NE technology based on biomass plantations. Using a process-based biosphere model, we calculate the land use change required to reach specific climate mitigation goals while observing biodiversity protection guardrails. We consider NE targets of 100–300 GtC following socioeconomic pathways consistent with a mean global warming of 1.5 °C as well as the option of additional carbon balancing required in case of failure or delay of decarbonization measures. The technological opportunities of PyCCS are represented by three tracks accounting for the sequestration of different pyrolysis products: biochar (as soil amendment), bio-oil (pumped into geological storages) and permanent-pyrogas (capture and storage of CO2 from gas combustion). In addition, we analyse how the gain in land induced by biochar-mediated yield increases on tropical cropland may reduce the pressure on land. Our results show that meeting the 1.5 °C goal through mitigation strategies including large-scale NE with plantation-based PyCCS may require conversion of natural vegetation to biomass plantations in the order of 133–3280 Mha globally, depending on the applied technology and the NE demand. Advancing towards additional bio-oil sequestration reduces land demand considerably by potentially up to 60%, while the benefits from yield increases account for another 3%–38% reduction (equalling 82–362 Mha). However, when mitigation commitments are increased by high balancing claims, even the most advanced PyCCS technologies and biochar-mediated co-benefits cannot compensate for delayed action towards phasing-out fossil fuels.Bundesministerium für Bildung und Forschung 10.13039/501100002347Peer Reviewe

Regulatory T cell-mediated anti-inflammatory effects promote successful tissue repair in both indirect and direct manners

Regulatory T cells (Tregs) offer new immunotherapeutic options to control undesired immune reactions, such as those in transplant rejection and autoimmunity. In addition, tissue repair and regeneration depend on a multitude of tightly regulated immune and non-immune cells and signaling molecules. There is mounting evidence that adequate innate responses, and even more importantly balanced adaptive immune responses, are key players in the tissue repair and regeneration processes, even in absence of any immune- related disease or infection. Thus, the anti-inflammatory and anti-apoptotic capacities of Treg can affect not only the effector immune response, creating the appropriate immune environment for successful tissue repair and regeneration, but growing evidence shows that they also have direct effects on tissue cell functions. Here we summarize the present views on how Treg might support tissue regeneration by direct control of undesired immune reactivity and also by direct interaction with non-immune tissue cells. We describe tissue-resident Treg and their specific phenotypes in skin, visceral adipose tissue, and skeletal muscle. In addition, we touch on the topic of osteoimmunology, discussing the direct interactions of Treg with bone-forming cells, such as osteoblasts and their mesenchymal stromal cell (MSC) progenitors—a field which is under-investigated. We hypothesize a cross-talk between Treg and bone-forming cells through the CD39–CD73-(adenosine)-adenosine receptor pathway, which might also potentiate the differentiation of MSCs, thus facilitating bone regeneration. This hypothesis may provide a road map for further investigations on the cross-talk between the immune and the skeletal system, and also enable the development of better strategies to promote bone repair and regeneration