Natural-Resource Exploitation with Costly Enforcement of Property Rights

This paper proposes a model of natural-resource exploitation when private ownership requires costly enforcement activities. For a given wage rate, it is shown how enforcement costs can increase with labor's average productivity on a resource site. As a result, it is never optimal for the site owner to produce at the point where marginal productivity equals the wage rate. It may even be optimal to exploit at a point exhibiting negative marginal returns. An important parameter in the analysis is the prevailing wage rate. When wages are low, further decreases in the wage rates can reduce the returns from resource exploitation. At sufficiently low wages, positive returns can be rendered impossible to achieve and the site is abandoned to a free-access exploitation. The analysis provides some clues as to why property rights may be more difficult to delineate in less developed countries. It proposes a different framework from which to address normative issues such as the desirability of free trade with endogenous enforcement costs, the optimality of private decisions to enforce property rights, the effect of income distribution on property rights enforceability, etc.

Reparation and enforcement of judgments : a comparative analysis of the European and Inter-American human rights systems

The inter-American human rights system has been conceived following the example of the European system under the European Convention on Human Rights (ECHR) before it was modified by Protocol No 11. However, two important differences exist. First, the authority of the European Court of Human Rights (ECtHR) to order reparation has been strictly limited by the principle of subsidiarity. Thus, the ECtHR's main function is to determine whether the ECHR has been violated. Beyond the declaratory effect of its judgments, according to Article 41 ECHR, it may only "afford just satisfaction to the injured party". The powers of the Inter-American Court of Human Rights (IACtHR) were conceived in a much broader fashion in Article 63 of the American Convention on Human Rights (ACHR), giving the Court the authority to order a variety of individual and general measures aimed at obtaining restitutio in integrum. The first main part of this thesis shows how both Courts have developed their reparation practice and examines the advantages and disadvantages of each approach. Secondly, the ECtHR's rather limited reparation powers have, interestingly, been combined with an elaborate implementation system that includes several of the Council of Europe's organs, principally the Committee of Ministers. In the Inter-American System, no dedicated mechanism was implemented to oversee compliance with the IACtHR's judgments. The ACHR limits itself to inviting the Court to point out in its annual reports the cases that have not been complied with and to propose measures to be adopted by the General Assembly of the Organization of American States. The General Assembly, however, hardly ever took action. The IACtHR has therefore filled this gap by developing a proper procedure to oversee compliance with its judgments. Both the European and the American solutions to ensure compliance are presented and compared in the second main part of this thesis. Finally, based on the results of both main parts, a comparative analysis of the reparation practice and the execution results in both human rights systems is being provided, aimed at developing proposals for the improvement of the functioning of either human rights protection system.

A Submission to the Advisory Council on Intellectual Property in Relation to the Issues Paper Relating to the Enforcement of Trade Marks - February 2002

With respect to “shape” marks, there would appear to be a “break”, imposed by the Australian Courts, in the logical conclusion that registration of a shape, which performs a functional purpose, or even further, is indistinguishable from the shape of the item or product, creates a perpetual monopoly in the manufacture of that product.

Bogeymen, lunatics and fanatics: collective actions and the private enforcement of European competition law

The European desire to ensure that bearers of EU rights are adequately compensated for any infringement of these rights, particularly in cases where the harm is widely diffused, and perhaps not even noticed by those affected by it, collides with another desire: to avoid the perceived excesses of an American-style system of class actions. The excesses of these American class actions are in European discourse presented as a sort of bogeyman, which is a source of irrational fear, often presented by parental or other authority figures. But when looked at critically, the bogeyman disappears. In this paper, I examine the European (and UK) proposals for collective action. I compare them to the American regime. The flaws and purported excesses of the American regime, I argue, are exaggerated. A close, objective examination of the American regime shows this. I conclude that it is not the mythical bogeyman of a US class action that is the barrier to effective collective redress; rather, the barriers to effective, wide-ranging group actions lie within European legal culture and traditions, particularly those mandating individual control over litigation.

Enforcement of the national maximum speed limit enforcement practices and procedures. Final technical report.

National Highway Traffic Safety Administration, Washington, D.C.

Enforcement of narcotics, firearms, and money laundering laws [microform] : oversight hearings before the Subcommittee on Crime of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, second session, July 28, September 23, 29, and October 5, 1988.

"Serial no. 138."

Payment limitation provisions [microform] : hearing before the Subcommittee on Nutrition and Investigations of the Committee on Agriculture, Nutrition, and Forestry, United States Senate, One Hundredth Congress, first session on the administration and enforcement of the $50,000 per person payment limitation for farm programs, July 21, 1987.

CIS Microfiche Accession Numbers: CIS 88 S161-24

The case for primary enforcement of state safety belt use laws.

Mode of access: Internet.

Motor vehicle safety: enforcement of federal standards can be enhanced.

Mode of access: Internet.

Authorizing the Attorney General to compel the production of documentary evidence required in civil investigations for the enforcement of the antitrust laws : report, to accompany S. 716.

"Calendar no. 446."

Enforcement of underage impaired-driving laws - issues, problems, recommended solutions.

Mode of access: Internet.

Better enforcement of car emission standards - a way to improve air quality.

Mode of access: Internet.

Report of the Joint legislative committee to investigate the administration and enforcement of the law. Pursuant to resolution of May 7, 1937, extended to March 1, 1939 [and Exhibits referred to but not included in report and public hearings]

John J. McNaboe, chairman. His autograph presentation copy to Col. Desmond O'Keefe.

Enforcement of environmental regulations [microform] : hearings before the Subcommittee on Environmental Pollution of the Committee on Environment and Public Works, United States Senate, Ninety-sixth Congress, first session, May 23 and 24, 1979.

Reuse of record except for individual research requires license from Congressional Information Service, Inc.