Sui Generis Rights for the Protection of Traditional Cultural Expressions Policy Implications

Within the international community there have been many calls for better protection of traditional cultural expressions (TCEs), for which classic instruments of intellectual property rights do not seem to fit. In response, at least five model laws have been advanced within the last 40 years. These are referred to as sui generis because, though they generally belong to the realm of intellectual property they structurally depart from classic copyright law to accommodate the needs of the holders of TCEs. The purpose of this paper is to provide a well-founded basis for national policy makers who wish to implement protection for TCEs within their country. This is achieved by systematically comparing and evaluating economic effects that can be expected to result from these regulatory alternatives and a related system or private ordering. Specifically, we compare if and how protection preferences of local communities are met as well as the social costs that are likely to arise from the different model laws.

Territorial Cohesion through Spatial Policies: An Analysis with Cultural Theory and Clumsy Solutions

The European Territorial Cohesion Policy has been the subject of numerous debates in recent years. Most contributions focus on understanding the term itself and figuring out what is behind it, or arguing for or against a stronger formal competence of the European Union in this field. This article will leave out these aspects and pay attention to (undefined and legally non-binding) conceptual elements of territorial cohesion, focusing on the challenge of linking it within spatial policies and organising the relations. Therefore, the theoretical approach of Cultural Theory and its concept of clumsy solution are applied to overcome the dilemma of typical dichotomies by adding a third and a fourth (but not a fifth) perspective. In doing so, normative contradictions between different rational approaches can be revealed, explained and approached with the concept of ‘clumsy solutions’. This contribution aims at discussing how this theoretical approach helps us explain and frame a coalition between the Territorial Cohesion Policy and spatial policies. This approach contributes to finding the best way of linking and organising policies, although the solution might be clumsy according to the different rationalities involved.

Land Inheritance Rules: Theory and Cross-Cultural Analysis

This paper develops a general theory of land inheritance rules. We distinguish between two classes of rules: those that allow a testator discretion in disposing of his land (like a best-qualified rule), and those that constrain his choice (like primogeniture). The primary benefit of the latter is to prevent rent seeking by heirs, but the cost is that testators cannot make use of information about the relative abilities of his heirs to manage the land. We also account for the impact of scale economies in land use. We conclude by offering some empirical tests of the model using a cross-cultural sample of societies.

Some Law and Economics of Historic Shipwrecks

This paper examines how US and proposed international law relate to the recovery of archaeological data from historic shipwrecks. It argues that US federal admiralty law of salvage gives far less protection to historic submerged sites than do US laws protecting archaeological sites on US federal and Indian lands. The paper offers a simple model in which the net present value of the salvage and archaeological investigation of an historic shipwreck is maximized. It is suggested that salvage law gives insufficient protection to archaeological data, but that UNESCO's Convention on the Protection of the Underwater Cultural Heritage goes too far in the other direction. It is also suggested that a move towards maximizing the net present value of a wreck would be promoted if the US admiralty courts explicitly tied the size of salvage awards to the quality of the archaeology performed.

On Labor Complementarity, Cultural Frictions and Strategic Immigration Policies

In this paper we consider a model with two industrialized countries that face a flow of immigration from the "rest of the world." The countries differ in three characteristics: the labor complementarity between the "native" population and immigrants, the population size, and the magnitude of the cultural friction between the natives and immigrants. We consider a non-cooperative game between two countries' when their strategic instrument is the choice of an immigration quota and the world immigrant wages introduce the spill-over effect between two countries. We first show that the quota game admits unique pure strategies Nash equilibrium. We then compare the equilibrium choices of two countries and show that even though the larger country attracts more immigrants, it chooses lower quota than its smaller counterpart. It also turns out that higher degree of labor complementarity between natives and immigrants and a lower degree of cultural friction between two groups yield higher immigration quota. We also examine the welfare implications of countries choices' and argue that coordinated and harmonized immigration policies may improve the welfare of both countries.

The Impact of Individual-Level Cultural Perceptions on Entrepreneurial Behavior

Entrepreneurial intention scholars have increasingly been investigating the link between entrepreneurial intentions and behaviour. While a solid empirical link has been confirmed, there is still a lack of in-depth theorizing about the underlying conceptual mechanisms. We address this gap by arguing that individual-level perceptions of cultural practices moderate the relationship between entrepreneurial intentions and behaviour. Investigating a longitudinal sample of 1’511 individuals from 13 countries reveals negative moderation effects of perceptions of power distance and collectivism in society and thus confirms our theorizing. This study provides valuable contributions to literatures of entrepreneurship and international business.

Essays on economics of marriage

A sociedade mudou nas últimas décadas abrindo a possibilidade para cientistas sociais estudarem essas mudanças e analisar os seus impactos na unidade familiar. Nesta tese pretendemos analisar como as decisões dos agentes com relação a decisão de casar e estudar pode estar conectado considerando que homens e mulheres têm preferências pelo casamento intragrupo. No modelo estudado encontramos que as preferências para o casamento intragrupo podem aumentar a proporção de homens e mulheres que decidem se casar e estudar. Mostramos também que empiricamente há um positive assortative mating entre pessoas com as mesmas características, tais como, educação, religião ou raça. Além disso, a probabilidade de casais casados na mesma religião aumenta a probabilidade dos casais estarem casados dentro do mesmo nível de escolaridade. Considerando as mudanças em como os casais se formam, a composição educacional e os retornos da educação que aconteceram no Brasil nos últimos anos, investiga-se os impactos dessas mudanças na desigualdade de renda dos casais. Calculamos cenários contrafactuais para o Coeficiente de Gini mantendo uma dessas três variáveis fixas em um determinado ano, comparando o contrafactual estimado com o Gini real. Se o casamento for formado aleatoriamente com relação à educação, o Coeficiente de Gini seria menor do que o real. Mantendo os retornos da educação fixos no ano de 2014 encontramos um Gini contrafactual menor do que o real.

On the edge of the Black Waxy, a cultural survey of Bell County, Texas.

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