The “War on Terror” and the Principle of Distinction in International Humanitarian La

Las nuevas amenazas a la seguridad que han surgido en los últimos años están poniendo seriamente en juego la importancia y la implementación del derecho internacional humanitario. Este artículo investiga el impacto de la guerra del terror en el principio de distinción en el derecho internacional humanitario. Examina, de forma específica, prácticas estatales, por ejemplo, de los Estados Unidos, que han cedido frente al surgimiento de nuevas reglas relativas al principio de distinción. Para esto, se hace un análisis de dicho principio bajo dos perspectivas: blancos concretos y captura

Equilibrium Principle in Colombian Public Contracting

Public contracting in Colombia is conflicting and inefficient. It frequently leads to damage to State property. The Colombian legal system cannot assure efficient and transparent public contracting. The cause is the institutional environment characterized by high transaction costs. Colombian law worsens the process by recognizing the principle of economic equilibrium in public contracts. This principle increasese contract incompleteness and renders impossible the use of economic incentives to control the opportunism of the economic agents. The authors present the hypothesis that the economic equilibrium principle increases the conflictive nature of public contracting. They test the hypothesis empirically. The first section of the paper presents a summary of the literature on transaction costs economics, as well as the legal literature on the historical origin and the content of the economic equilibrium principle. The second section describes the methodology of the empirical study. The third section shows the empirical evidence of the effects that the economic equilibrium principle exerts over the public contracting. The last section presents the conclusions.

On blame-freeness and reciprocity: an experimental study

The theory of reciprocity is predicated on the assumption that people are willing to reward nice or kind acts and to punish unkind ones. This assumption raises the question as to how to define kindness. In this paper we offer a new definition of kindness that we call “blame-freeness.” Put most simply, blame-freeness states that in judging whether player i has been kind or unkind to player j in a social situation, player j would have to put himself in the strategic position of player i, while retaining his preferences, and ask if he would have acted in a manner that was worse than i did under identical circumstances. If j would have acted in a more unkind manner than i acted, then we say that j does not blame i for his behavior. If, however, j would have been nicer than i was, then we say that “j blames i” for his actions (i’s actions were blameworthy). We consider this notion a natural, intuitive and empirically relevant way to explain the motives of people engaged in reciprocal behavior. After developing the conceptual framework, we then test this concept in a laboratory experiment involving tournaments and find significant support for the theory.

Intention-based economic theories of reciprocity

In recent years, several experiments have shown individuals exhibit authentic reciprocal behaviour in anonymous one-shot interactions. As reciprocity has been shown to be relevant in several economic fields, there have also been several attempts to model reciprocal bahaviour. I review the intention-based models of reciprocity and present an example of teacher management in the public sector in which the government offers an incentive scheme to implement a program. The incentive scheme has a prisoner´s dilemma structure. In both simultaneous and sequential games, equilibrium results may differ from those predicted by standard theory.