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On Legal Cooperation and the Dynamics of Legal Convergence

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  • CRETTEZ B.
  • DEFFAINS B.
  • MUSY O.

Abstract

In this paper, we study the dynamics of legal convergence and the comparison between the different instruments of legal convergence based on cooperative strategies (i.e., harmonization and unification) or not. To study these questions we use a model with two nation-states which is inspired in part by that used in Carbonara and Parisi (2008) where preferences of each nation-state are such that it is costly to change the law, but it is also costly to have a different legal system from the other nation-state. We show that legal unification could be achieved in the long-run through small step by step changes despite the existence of huge harmonization costs in the short run. We also show that legal cooperation is not always necessary to achieve legal convergence.

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Paper provided by ERMES, University Paris 2 in its series Working Papers ERMES with number 1013.

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Date of creation: 2010
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Handle: RePEc:erm:papers:1013

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  1. Garoupa, Nuno & Ogus, Anthony, 2003. "A Strategic Interpretation of Legal Transplants," CEPR Discussion Papers 4123, C.E.P.R. Discussion Papers.
  2. John Armour & Simon Deakin & Prabirjit Sarkar & Mathias Siems & Ajit Singh, 2008. "Shareholder Protection and Stock Market Development: An Empirical Test of the Legal Origins Hypothesis," WEF Working Papers 0041, ESRC World Economy and Finance Research Programme, Birkbeck, University of London.
  3. Andrzej Baniak & Peter Grajzl, 2010. "Interjurisdictional Linkages and the Scope for Interventionist Legal Harmonization," CESifo Working Paper Series 3085, CESifo Group Munich.
  4. Casella, Alessandra, 2001. "Product Standards and International Trade: Harmonization through Private Coalitions?," Kyklos, Wiley Blackwell, vol. 54(2-3), pages 243-64.
  5. Jenny Monheim & Marie Obidzinski, 2007. "Optimal discretion in asylum lawmaking," Working Papers of BETA 2007-31, Bureau d'Economie Théorique et Appliquée, UDS, Strasbourg.
  6. Ricardo Alonso & Wouter Dessein & Niko Matouschek, 2008. "When Does Coordination Require Centralization?," American Economic Review, American Economic Association, vol. 98(1), pages 145-79, March.
  7. Bertrand Crettez & Régis Deloche, 2006. "On the unification of legal rules in the European Union," European Journal of Law and Economics, Springer, vol. 21(3), pages 203-214, May.
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