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On Legal Cooperation and the Dynamics of Legal Convergence

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  • Bertrand Crettez
  • Bruno Deffains
  • Olivier Musy

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.

Suggested Citation

  • Bertrand Crettez & Bruno Deffains & Olivier Musy, 2010. "On Legal Cooperation and the Dynamics of Legal Convergence," EconomiX Working Papers 2010-17, University of Paris Nanterre, EconomiX.
  • Handle: RePEc:drm:wpaper:2010-17
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    References listed on IDEAS

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    1. Baniak Andrzej & Grajzl Peter, 2011. "Interjurisdictional Linkages and the Scope for Interventionist Legal Harmonization," Review of Law & Economics, De Gruyter, vol. 7(2), pages 405-434, December.
    2. Armour, John & Deakin, Simon & Sarkar, Prabirjit & Siems, Mathias & Singh, Ajit, 2007. "Shareholder protection and stockmarket development: an empirical test of the legal origins hypothesis," MPRA Paper 39055, University Library of Munich, Germany.
    3. Nuno Garoupa & Anthony Ogus, 2006. "A Strategic Interpretation of Legal Transplants," The Journal of Legal Studies, University of Chicago Press, vol. 35(2), pages 339-363, June.
    4. Ricardo Alonso & Wouter Dessein & Niko Matouschek, 2008. "When Does Coordination Require Centralization?," American Economic Review, American Economic Association, vol. 98(1), pages 145-179, March.
    5. Loeper, Antoine, 2011. "Coordination in heterogeneous federal systems," Journal of Public Economics, Elsevier, vol. 95(7-8), pages 900-912, August.
    6. Jean-Michel Josselin & Alain Marciano, 2002. "The economics of harmonizing European law," Post-Print halshs-00076658, HAL.
    7. Monheim-Helstroffer, Jenny & Obidzinski, Marie, 2010. "Optimal discretion in asylum lawmaking," International Review of Law and Economics, Elsevier, vol. 30(1), pages 86-97, March.
    8. 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.
    9. Casella, Alessandra, 2001. "Product Standards and International Trade: Harmonization through Private Coalitions?," Kyklos, Wiley Blackwell, vol. 54(2-3), pages 243-264.
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    Cited by:

    1. Crettez Bertrand & Deffains Bruno & Musy Olivier, 2016. "Convergence of Legal Rules: Comparing Cooperative and Non-Cooperative Processes," Review of Law & Economics, De Gruyter, vol. 12(1), pages 13-35, March.
    2. Baniak Andrzej & Grajzl Peter, 2011. "Interjurisdictional Linkages and the Scope for Interventionist Legal Harmonization," Review of Law & Economics, De Gruyter, vol. 7(2), pages 405-434, December.

    More about this item

    Keywords

    Law-and-Economics; Legal Convergence; Legal harmonization; Legal Uniformization;

    JEL classification:

    • C72 - Mathematical and Quantitative Methods - - Game Theory and Bargaining Theory - - - Noncooperative Games
    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)

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