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{"title":"Behind Backlash: the ICC and “African Backlash” in Context","authors":"Henry Lovat, Shaina D. Western","doi":"10.2139/ssrn.3951319","DOIUrl":"https://doi.org/10.2139/ssrn.3951319","url":null,"abstract":"In recent years there has been significant interest among scholars and practitioners in a perceived wave of backlash against the International Criminal Court from African governments. The portrait this growing literature may suggest of African relations with the ICC, however, is somewhat myopic. While there has certainly been strong opposition to the ICC from several African governments, in this paper we put this into broader context, arguing that a focus on “backlash” masks variation and nuance, and even support for the ICC from many African governments. While some governments have expressed opposition to and engaged in antagonistic behaviour towards the ICC, others have expressed views and behaved in manners supportive of the ICC, helping to bolster the Court during this crisis. In this paper, we set so-called “backlash” against the ICC in its broader conceptual context, developing a series of propositions about government attitudes and behaviour towards the ICC, which we then test using an original dataset. In doing so, we make three contributions. First, building on existing literature on backlash, we provide a detailed typology of state attitudes and behaviour towards international tribunals and institutions generally, ranging from supportive to critical, and accounting for nuances across dimensions. Second, using this reconceptualisation, we find that a focus on “African backlash” against the ICC risks overlooking the variation of attitudes and behaviours over time towards the ICC amongst African governments, including persistent patterns of support manifesting throughout the “wave” of anti-ICC backlash. Third, and finally, we conduct a statistical analysis of behaviours and attitudes towards the ICC: we find that – perhaps unsurprisingly – non-Rome Statute states parties are more likely to express negative attitudes and behaviours towards the ICC than parties to the Rome Statute. We also find that governments from which the ICC has requested cooperation are more likely to express more antagonistic rhetoric towards the ICC than the governments of states that have not received such requests. Moreover, behaviour towards the ICC and domestic human rights records seem to be related, with governments with worse human rights practices being more likely to adopt antagonistic actions towards the ICC. These findings suggest that the ICC may face future challenges and that it is likely necessary for the ICC to engage more with Rome Statute parties and non-parties alike.","PeriodicalId":74863,"journal":{"name":"SSRN","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43552066","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":"Individualistic CEO and Corporate Innovation: Evidence from U.S. Frontier Culture","authors":"Lei Gao, Jianlei Han, Zheyao Pan, Huixuan Zhang","doi":"10.2139/ssrn.3950964","DOIUrl":"https://doi.org/10.2139/ssrn.3950964","url":null,"abstract":"This paper examines the relation between CEO’s individualistic cultural background and corporate innovation. Using hand-collected data on birthplaces of US-born CEOs, we provide robust evidence that CEOs born in frontier counties with a higher level of individualistic culture promote innovation performance. Firms led by such CEOs increase both quantity and quality of innovation outputs, measured by the number of patents, citation-weighted patents and the market value of patents. Besides innovation performance, we further show that CEO’s individualistic background causes a change in the innovation style, leading the firm to focus more on breakthrough innovation. Our extended analysis suggests that CEOs’ individualistic background promotes corporate innovation through building an innovation-orientated corporate culture and accumulating human capital by increasing the inflow of inventors.","PeriodicalId":74863,"journal":{"name":"SSRN","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49175452","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":"Network Structures of Power and COVID-19 Bailouts","authors":"Jairo Gudiño-Rosero","doi":"10.2139/ssrn.3950935","DOIUrl":"https://doi.org/10.2139/ssrn.3950935","url":null,"abstract":"Using a database of 189,000+ Colombian firms, I study the effect of CEOs' centrality and political connections on access to PAEF (\"Programa de Apoyo al Empleo Formal\"), a government bailouts program launched during COVID-19 crisis to subsidy wages, and the ex-post economic efficiency of these factor. Natural Language Processing algorithms and complex networks measures are used to identify ownership and control links of economic elites based on their complete names, gauge prominence of CEOs and their closeness to politicians. I find that CEOs' centrality (not political connections) was positively associated with a higher probability of getting bailouts, but there were not differential effects of these factors in the impacts of the program. These results cannot be interpreted as evidence of any illegal behavior, but of special preferences during turbulent times after controlling by financial and geographical features.","PeriodicalId":74863,"journal":{"name":"SSRN","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42971779","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":"On the relationship between Robust and Rationalizable Implementation","authors":"Ritesh Jain, M. Lombardi","doi":"10.2139/ssrn.3950481","DOIUrl":"https://doi.org/10.2139/ssrn.3950481","url":null,"abstract":"We introduce a notion of rationalizable implementation for social choice functions, termed $s$-rationalizable implementation, and show that it is equivalent to robust implementation.","PeriodicalId":74863,"journal":{"name":"SSRN","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46792387","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":"Full Implementation in Sequential Information Design","authors":"Hiroto Sato","doi":"10.2139/ssrn.3950143","DOIUrl":"https://doi.org/10.2139/ssrn.3950143","url":null,"abstract":"This paper studies the full implementation in sequential information design (Doval and Ely (2020)) in which the designer can construct the extensive form as well as the information struc- ture. In this framework, I characterize the optimal outcome under full implementation when players and the designer have a supermodular payoff function with natural set of assumptions. In particular, I show that the optimal fully implementable outcome is approximately equivalent to the optimal outcome under partial implementation. Moreover, this outcome is also same to the best partially implementable outcome in static information design.","PeriodicalId":74863,"journal":{"name":"SSRN","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46367389","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":"Optimal Bilateral Trade with Interdependent Values","authors":"Teemu Pekkarinen","doi":"10.2139/ssrn.3950363","DOIUrl":"https://doi.org/10.2139/ssrn.3950363","url":null,"abstract":"We derive the seller's utility maximizing selling mechanism in bilateral trade with interdependent values. Due to the interdependencies in valuations, finding the optimal mechanism is an informed seller problem. It turns out that the optimal selling procedure is no longer a take-it-or-leave-it offer if the buyer's valuation of the object is even a slightly positively dependent on the seller's type.","PeriodicalId":74863,"journal":{"name":"SSRN","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43478142","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":"Noncompliance as law-making","authors":"Timothy Meyer","doi":"10.4337/9781800883963.00016","DOIUrl":"https://doi.org/10.4337/9781800883963.00016","url":null,"abstract":"Michael Reisman once wrote that “international lawyers frequently respond to the appearance of a discrepancy between existing and emerging legal arrangements by heatedly rejecting the new with a fury of virtuous unanimity against the evil whose name is Change.” This quote is never more true than when international lawyers consider the role of lawbreaking in lawmaking. While civil disobedience has a safe — and in some countries revered — legacy as a means of prodding governments to make laws more consonant with modern notions of justice, commenters are not similarly sanguine in discussing noncompliance as a lawmaking device in international law. Lawbreaking is often viewed as antithetical to the values underlying the law of nations and a challenge to the enterprise of international law. \u0000Yet, as this Chapter explains, in certain circumstances it makes perfect sense to talk about noncompliance as lawmaking. Indeed, far from representing a challenge to international law, recognizing the juris-generative role of noncompliance reveals that some violations demonstrate a state’s commitment to international law’s collective endeavor. States sometimes violate the law in order to improve it, just as those who engage in civil disobedience do so in order to change it for the better. Descriptively, I argue that for noncompliance to be an effective lawmaking technique, it must 1) be public; 2) carry with it a credible threat to continue the violation indefinitely; 3) the normative content of the violation must be acceptable to other states as an alternative rule; and 4) the violator’s relative costs of lawmaking through noncompliance are less than they would be through conventional multilateral lawmaking channels. Normatively, allowing noncompliance to play a lawmaking role may be essential to the long-term viability of the international legal enterprise. While states cannot really exit their relationships with each other, international law lacks the constraints of the domestic system that prevent states from effectively exiting their legal obligations by persistently violating the law. Given this limitation, turning some violations into constructive acts of lawmaking may enhance the viability of the international legal system, rather than undermine it.","PeriodicalId":74863,"journal":{"name":"SSRN","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43594126","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":"Between Fact and Opinion: The Sui Generis Approach to Expert Witness Testimony in International Criminal Trials","authors":"K. Richmond, S. Piccolo","doi":"10.2139/ssrn.3950514","DOIUrl":"https://doi.org/10.2139/ssrn.3950514","url":null,"abstract":"\u0000It is a fundamental tenet of the law of evidence, spanning all jurisdictions, that witness testimony should ideally be delivered in open court by the individual who observed the event in question, or by the expert whose technical knowledge is relied upon. A notable exception to this principle has emerged in the field of international criminal justice, where courts and tribunals may allow ‘summarising witnesses’ to present a summation of witness testimony. In the case of Ayyash et al., the Special Tribunal for Lebanon extended the principle, allowing voluminous expert opinion evidence to be presented in factual summation. This article analyses such approaches, utilising doctrinal methods alongside empirical Wigmorean analysis, to assess the probity of these sui generis practices. The results are placed in legal and theoretical perspective, demonstrating that international courts and tribunals are departing from an overarching obligation to integrate international and domestic standards in respect of expert testimony.","PeriodicalId":74863,"journal":{"name":"SSRN","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46508856","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":"The Importance of IP-Intensive Manufacturing Industries to the U.S. Economy","authors":"N. Pham","doi":"10.2139/ssrn.3950731","DOIUrl":"https://doi.org/10.2139/ssrn.3950731","url":null,"abstract":"Recently updated R&D and economic performance data once again confirm the crucial contributions of innovation to productivity and long-term economic growth, while reinforcing the importance of protecting intellectual property (IP) to innovation. IP-intensive (or “innovative”) industries continue to commit more resources to R&D and outperform non-IP-intensive industries across key economic measures. Workers in innovative industries punch well above their weight, creating more economic value and, accordingly, earning higher wages than their counterparts in other manufacturing industries. Firms in IP-intensive industries cut fewer jobs during economic contractions and add more jobs during economic expansions than their counterparts in non-IP-intensive industries. Given the well-established relationship between R&D and innovation and between innovation and economic growth, public policies should continue to underpin this IP ecosystem by ensuring the preservation of robust IP protections.","PeriodicalId":74863,"journal":{"name":"SSRN","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46427383","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":"Machine Learning Methods in Asset Pricing","authors":"Aleksander Bielinski, Daniel Broby","doi":"10.2139/ssrn.3950524","DOIUrl":"https://doi.org/10.2139/ssrn.3950524","url":null,"abstract":"This paper evaluates the traditional asset pricing models and examines the literature on the most promising machine learning techniques that can be used to price securities. Asset price forecasting is essential to efficient markets. Capital Asset Pricing Models (CAPM), Arbitrage Pricing Theory (APT) and a multitude of Factor Models are used to price securities and to establish mean variance optimal portfolios. An increasing number of scholars and financial practitioners have begun to explore the role of machine learning in asset pricing. We show how these methods have been applied in academia and discuss their results in maximizing the Sharpe Ratio. We also explore the potential use of neural networks in asset pricing. We believe that their capacity to process large amounts of data and their ability to accurately capture non-linear relationships makes them a useful estimation tool.","PeriodicalId":74863,"journal":{"name":"SSRN","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48539049","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}