Amsterdam Law School Legal Studies Research Paper Series最新文献

{"title":"Armed Attack in Cyberspace: Clarifying and Assessing When Cyber-Attacks Trigger the Netherlands’ Right of Self-Defence","authors":"Ferry Oorsprong, P. Ducheine, P. Pijpers","doi":"10.2139/ssrn.3934417","DOIUrl":"https://doi.org/10.2139/ssrn.3934417","url":null,"abstract":"Whilst Article 51 of the UN Charter indicates that an ‘armed attack’ may trigger a State’s inherent right of individual or collective self-defence, the purport of armed attack remains a matter of interpretation and qualification. Moreover, actions carried out in (or through) cyberspace have caused the impetus for another debate: whether and when cyber-attacks can qualify as an armed attack. To improve the notion of self-defence and contribute to the jus ad bellum (international law on the use of transnational force), more clarification as to what constitutes an armed attack in cyberspace is necessary. The main aim of the paper is to propose a tangible guideline that outlines when cyber-attacks – perpetrated solely in or through cyberspace and not in conjunction with conventional military attacks – reach the threshold of an armed attack.","PeriodicalId":122974,"journal":{"name":"Amsterdam Law School Legal Studies Research Paper Series","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131219887","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Fostering Consumer Protection in the Granular Market. The Role of Rules on Consent, Misrepresentation and Fraud in Regulating Personalized Practices","authors":"Antonio Davola","doi":"10.2139/ssrn.3791265","DOIUrl":"https://doi.org/10.2139/ssrn.3791265","url":null,"abstract":"Online commerce experienced a technological revolution, shifting towards automated, data-driven technologies for the allocation and display of offers and advertisings. The introduction of tracking and targeting technologies that leverage consumer data to personalize marketing catalysed the impressive growth of the online markets. Tailored and targeted commercial techniques constitute a heterogeneous phenomenon, incorporating ex multis semantics and data mining stemming from artificial intelligence, auction, social network and neuroscience analyses; they rely on self-tuning algorithms, intent data and immersive multimedia to reach different degrees of personalization. These innovations provide companies with new modes to gain market advantage (e.g. the use of ICT, IoT technologies and Big Data) and to offer their products (reverse segmentation, narrowcasting and use of the semantic Web): they have the possibility to widely study consumers and to personalize every aspect of their consumption experience. Consumers exposed to such potential situations could end up not being able to recognize the artificial reduction of their set of choices, and eventually, to oppose to it, being unaware of the way through which product offers and advertisements utilize their habits, mental models and bias to influence their behaviours. The result of these and related trends is that firms can not only take advantage of a general understanding of cognitive limitations but also can uncover, and even trigger, consumer frailty at an individual level. \u0000In order to fully overcome the problem of a possible structural inadequacy of consumer law due to its hardship to deal with the evolution occurred in the digital environment and – at the same time – to exploit the opportunities that these developments offer in order to reach a better framework for consumers, is essential to investigate possible re-interpretation of existing regulation. \u0000With regards to this aspect it has been underlined, in particular, that some notions and tools operating in private law can be “porous” enough to permit an orientated interpretation to regulate personalized commercial practices. \u0000In order to properly explore such possibility, the article examines the role and characteristics of some private law institutes regulating consent and misrepresentation in order to evaluate if these corpora present a sufficient margin of appreciation to incorporate emerging findings on personalized practices, making them viable instruments for a modernization of consumer protection.","PeriodicalId":122974,"journal":{"name":"Amsterdam Law School Legal Studies Research Paper Series","volume":"19 11","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120987203","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Event Studies in Merger Analysis: Review and an Application Using U.S. TNIC Data","authors":"Timo Klein","doi":"10.2139/ssrn.3517189","DOIUrl":"https://doi.org/10.2139/ssrn.3517189","url":null,"abstract":"There is a growing concern that U.S. merger control may have been too lenient, but empirical evidence remains limited. After reviewing event studies as a method to acquire empirical insights into the competitive effects of mergers, I propose a novel application using Hoberg-Phillips TNIC data. This application allows for the ready approximation of abnormal stock market returns of likely competitors to 1,751 of the largest U.S. mergers since 1997. I document that likely competitors experience on average an abnormal return of close to one percent around a merger announcement. Abnormal returns are also strongly associated with concerns of market power, which suggests that competitors benefit at least in part because of an anticipation of anti-competitive effects -- and hence insufficient merger control.","PeriodicalId":122974,"journal":{"name":"Amsterdam Law School Legal Studies Research Paper Series","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126820632","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Approaches to Foreign Direct Investment in Legal Research","authors":"S. Schill, Kerem Gulay","doi":"10.4337/9781785369858.00009","DOIUrl":"https://doi.org/10.4337/9781785369858.00009","url":null,"abstract":"The analysis of legal aspects of FDI has led to a veritable boom in scholarship and the emergence of a separate legal discipline at the intersection of international and national, public and private law. Building on a broad understanding of legal approaches to FDI, as encompassing substance and procedure under both national and international law and soft law regulation, the chapter first provides an overview over the architecture of the legal regime governing FDI and argues that FDI regulation is best understood as a transnational legal order. It also analyses the core conceptualizations of the field in legal scholarship and investment law practice and introduces methods for legal research. On this basis, the chapter develops a typology of research questions in international investment law and provides an overview of theoretical approaches to international investment law and methods of legal research.","PeriodicalId":122974,"journal":{"name":"Amsterdam Law School Legal Studies Research Paper Series","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134074188","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Barlaeus Dinner on Trust in Decentralized Data Infrastructures","authors":"Balázs Bodó, J. Quintais, A. Giannopoulou, V. Ferrari","doi":"10.2139/ssrn.3243360","DOIUrl":"https://doi.org/10.2139/ssrn.3243360","url":null,"abstract":"Twice a year the University of Amsterdam (UvA) invites the most distinguished members of the Dutch society, scientists, business leaders, high ranking public servants for a dinner to discuss impactful societal, economic, cultural or scientific issues. The Barlaeus dinners – honoring Caspar Barlaeus (1584–1648), the Dutch mathematician, historian, poet, humanist, and theologian – provide a platform for academia, industry and public administration to learn from each other, and coordinate action for the benefit of society. Its latest edition was hosted by the Institute for Information Law’s (IViR) Blockchain and Society Policy Research Lab among the classical statutes of the Allard Pierson Museum, on 24 of May 2018. The event was devoted to the controversial yet thrilling topic of trust in decentralized data infrastructures, such as blockchains. In this document we summarize the discussions that took place among the extraordinary group of guests including, among others, the Rector Magnificus of the UvA, the Chief Scientist of the City of Amsterdam, the CEOs of IBM, and ING, partners from the biggest Dutch law firms, and senior UvA scientists, such as the Dean of the Business School, or the Directors of IViR, and the Institute for Network Cultures.","PeriodicalId":122974,"journal":{"name":"Amsterdam Law School Legal Studies Research Paper Series","volume":"23 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120860408","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Opening the Door for Opportunistic Use of Interim Financing. Critical Assessment of the EU Draft Directive on Preventive Restructuring Frameworks","authors":"Roelf Jakob de Weijs, M.E. Baltjes","doi":"10.2139/ssrn.3087961","DOIUrl":"https://doi.org/10.2139/ssrn.3087961","url":null,"abstract":"The draft of the EU Directive on Preventive Restructuring Frameworks and Second Chance (the \"Directive\") provides rules for adopting reorganisation plans in order to avoid insolvency. The draft Directive also provides rules on the related problem of interim financing. According to the draft Directive, interim financing should be encouraged and not be made subject to clawback unless parties have committed fraud or acted in bad faith. The Directive thereby fails to recognise that finance transactions are too diverse in nature to provide the company and its financial creditors with a transaction avoidance free period. If the Directive is adopted in its current form, it will open the door for opportunistic use of interim financing by both debtors and professional lenders. It will allow debtors to make final bets with other people's money and will also allow for conduit pipe financing which will reduce the exposure of existing shareholders. Lenders will also be able to make opportunistic use of the rules, most notably in the form of cross-collateralisation and aggressive loan-to-own strategies under the guise of interim financing. There are several possible solutions to the potential for opportunistic use. The courts could be involved ex ante. This would, however, turn the Directive into a fully-fledged court supervised procedure instead of the currently intended preventive restructuring procedure which avoids such court procedures. An alternative would be to simply take out the provisions on interim financing. Another possibility would be to limit the protection offered in the Directive to cases of new security against new money necessary and used for the continuation of the business.","PeriodicalId":122974,"journal":{"name":"Amsterdam Law School Legal Studies Research Paper Series","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127844052","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Platform Monopolization by Narrow-PPC-BPG Combination: Booking et al.","authors":"Francisca Wals, M. Schinkel","doi":"10.2139/ssrn.2985317","DOIUrl":"https://doi.org/10.2139/ssrn.2985317","url":null,"abstract":"The price parity clauses (PPCs) that online booking platforms impose have come under antitrust scrutiny. Wang and Wright (2017) show how by preventing showrooming, a narrow PPC can reduce search costs and benefit consumers under between-platform competition. In response to having to give up its wide PPC to hotels, Booking.com emphasized its best price guarantee (BPG) to customers. We observe that a narrow PPC combined with a (low hassle costs) BPG leaves only Wang and Wright's Price Parity and Monopoly Equilibrium (PPME), in which consumers are worse off than with no platform operating at all. A more-efficient (incumbent) platform can deter entry with the BPG, while the narrow PPC eliminates competition from direct sales channels. An equally efficient platform could enter and compete consumer prices down because of the existence of hassle costs, yet this equilibrium is fragile to network effects. If sellers have incentives not to price differentiate between platform(s) and their direct sales channel, a narrow PPC alone suffices to sustain the PPME in both cases. The detrimental pricing contract combination that we point out calls for different platform competition policy.","PeriodicalId":122974,"journal":{"name":"Amsterdam Law School Legal Studies Research Paper Series","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132974832","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Of Private Law, Market Regulation and Telling Them Apart in the EU","authors":"Candida Leone","doi":"10.2139/SSRN.2949875","DOIUrl":"https://doi.org/10.2139/SSRN.2949875","url":null,"abstract":"This paper seeks to engage with the theme of the conference, Private Law and Regulation, and with the organizers’ research theme, “coherent private law”, at two main levels. On the one hand, it connects to the question of private law and market regulation by zooming in on one specific manifestation of private law - unfair contract terms under European harmonised rules - which is arguably already regulatory private law. Rather than discussing the impact of public law rules on private law adjudication, then, the paper seeks to show how public law rationales impact private law rules when the latter are adopted and “used” as a regulatory instrument. This argument is sketched on the basis of a case study on the European Court of Justice’s interpretation of the Unfair Terms Directive. After having presented this study, the paper concludes by briefly exploring what options are available for private lawyers to claim a residual relevance of their subject and its principles in a context which seems to put all these consolidated ideas under increasing strain.","PeriodicalId":122974,"journal":{"name":"Amsterdam Law School Legal Studies Research Paper Series","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132032177","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"European Harmonisation of Online and Distance Selling of Goods and the Supply of Digital Content","authors":"M. Loos","doi":"10.2139/SSRN.2789398","DOIUrl":"https://doi.org/10.2139/SSRN.2789398","url":null,"abstract":"On 9 December 2015, the European Commission submitted a proposal for a directive for contracts for online and other distance sales of goods, and a proposal for a directive on digital content. This paper discusses the scope of the proposals, conformity and remedies, and matters regarding the supply of digital content and the modification or termination of long-term contracts for the supply of digital content. Special attention will be given to the question whether the introduction of an additional scheme for sales contracts is workable for legal practice.","PeriodicalId":122974,"journal":{"name":"Amsterdam Law School Legal Studies Research Paper Series","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124358101","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Economies of Scale and Scope in the European Banking Sector 2002-2011","authors":"M. Dijkstra","doi":"10.2139/ssrn.2311267","DOIUrl":"https://doi.org/10.2139/ssrn.2311267","url":null,"abstract":"This paper estimates economies of scale and scope for banks within the Eurozone between 2002 and 2011 and attempts to uncover the sources of those economies of scale and scope. Economies of scale are found to be positive and significant for all years and at all asset levels. When implicit too-big-to-fail subsidies are accounted for, economies of scale remain positive for the biggest banks during crisis years, but are negative outside of the crisis. Stronger scale economies are found for banks that focus on relationship banking compared to those that focus on transaction banking. The macro environment was found to play an ambiguous role, as the signs differed between simple cost estimations and more elaborate profit maximizing models. In the profit maximizing models, scale is found to correlate positively with the quality of ICT infrastructure and market concentration. Economies of scope are found to be positive for all years and to increase during crisis years. The results indicate that policy measures that attempt to limit scale and scope in the banking sector increase costs so that financial stability may be more efficiently guaranteed through other measures.","PeriodicalId":122974,"journal":{"name":"Amsterdam Law School Legal Studies Research Paper Series","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134598537","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}