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On Legal Cooperation and the Dynamics of Legal Convergence

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

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. 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, 06.
  2. 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.
  3. 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.
  4. Alonso, Ricardo & Dessein, Wouter & Matouschek, Niko, 2006. "When Does Coordination Require Centralization?," CEPR Discussion Papers 5802, C.E.P.R. Discussion Papers.
  5. Andrzej Baniak & Peter Grajzl, 2010. "Interjurisdictional Linkages and the Scope for Interventionist Legal Harmonization," CESifo Working Paper Series 3085, CESifo Group Munich.
  6. 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.
  7. Casella, Alessandra, 2001. "Product Standards and International Trade: Harmonization through Private Coalitions?," Kyklos, Wiley Blackwell, vol. 54(2-3), pages 243-64.
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