Economic development, legality, and the transplant effect

We analyze the determinants of effective legal institutions (legality) using data from 49 countries. We show that the way the law was initially transplanted and received is a more important determinant than the supply of law from a particular legal family. Countries that have developed legal orders internally, adapted the transplanted law, and/or had a population that was already familiar with basic principles of the transplanted law have more effective legality than countries that received foreign law without any similar predispositions. The transplanting process has a strong indirect effect on economic development via its impact on legality, while the impact of particular legal families is weaker and not robust to alternative legality measures.     

Legal tradition and antitrust effectiveness

This article uses cross-country data to empirically investigate through which channel legal origin can influence antitrust effectiveness. The evidence shows that the adaptability channel (legal flexibility) is more important for explaining antitrust effectiveness than the political channel (authority independence). The evidence also suggests that countries in which a judicial decision is a source of law will provide more legal flexibility and will adapt more easily to changing economic circumstances. They will therefore also have better enforcement of antitrust rules. On the other hand, a legal tradition that takes no formal notice of legal precedent will make the competition environment much less predictable. To the extent that these findings are true, one would expect competition agencies in Common law countries to perform better than those in Civil law countries.     

Quality of Education,Economic Performance and Institutional Environment

This paper addresses two questions. First, how does the quality, rather than the quantity, of education impact economic performance? Second, does the quality of education have a larger impact on economic performance in countries with better institutions (i.e., social and political variables which affect economic outcomes)? Using data from more than fifty countries, we observe that there is a positive relationship between the quality of education and GDP per capita. In addition, we find that the quality of education has a more beneficial effect on GDP per capita in countries with better law and order conditions, government stability, and overall institutional environment. These results remain unchanged under various scenarios.     

A New Test of Price Dispersion

In recent years considerable attention has been devoted to differences across countries in the institutional environments in which corporations operate, and the consequences of these institutional differences for corporate performance. In this paper we test for the presence of differences in corporate performance across 38 countries, and in particular whether these differences are related to the types of legal systems existing in each country. To measure corporate performance we estimate returns on investment relative to company costs of capital in each country. We find significant differences in the investment performance of corporations across our sample of countries. Companies in countries with English-origin, common law legal systems perform significantly better on average than do those in civil law systems.     

Culture,legal heritage and the regulation of labor

According to cross-cultural psychologists, cross-country differences in individualism vs. collectivism constitute an important dimension of cultural variation. Legal-economic theorists argue that legal philosophies such as common law and civil law have developed differently over centuries and have persistent effects. In this paper, we argue that the effects of culture and institutions should not be analyzed in isolation from each other, as this disregards their interactions. We merge the two separate literatures on cultural attributes and legal origin theories, and derive a hypothesis regarding their joint effects on labor market regulations. We hypothesize that the effect of individualism on the political determination of labor regulations should be particularly pronounced in more market-oriented economic systems (as in British common law countries) compared to more rigid and bureaucratic state-centered systems (as in French civil law countries). Market oriented economies give individual effort and ability greater room to flourish, which in individualistic cultures yields weaker labor regulations. The effect of individualism should be smaller in state centered systems. Using data on the average rigidity of labor regulations during the years 1950–2004 in 86 countries, we find that the negative effect of individualism on the rigidity of labor regulations is enhanced by the presence of a common law legal system. In fact, individualism has no effect on the rigidity of labor market regulations in civil law countries. Analogously, the negative effect of common law legal origin on labor market regulations is found to be conditional on the level of individualism. Individualism and common law legal systems are complements in the determination of labor regulations.     

Predicting FDI inflows: Exploring a nonlinear relationship between peace years,oil wealth,and the rule of law

Despite previous studies investigating the impacts of various factors such as peace years, natural resources, and the rule of law on foreign direct investment (FDI), empirical findings remain inconclusive. Therefore, this study investigates the interplay between these factors in shaping host country conditions that facilitate FDI inflows. Using generalized additive models, we examine the simultaneous effects of peace years, oil wealth, and the rule of law on FDI inflows in a sample of non-OECD countries from 1970 to 2009. Our results reveal that established peace is a critical factor in attracting FDI inflows for both oil-exporting and non-oil-exporting countries. However, the effects of the rule of law vary depending on oil wealth. Oil-exporting countries receive more FDI inflows when they have a weak rather than a strong rule of law, while non-oil-exporting countries tend to receive more foreign investments when they have a moderately strong rule of law. We argue that countries with oil wealth combined with a moderately weak rule of law provide an environment that is conducive to multinational corporations (MNCs) in extractive industries seeking monopoly rents. Conversely, countries without oil wealth should create stable yet efficient environments that protect property rights and promote labor market flexibility to appeal to non-resource-seeking MNCs.     

Legal systems and performance of microfinance institutions

The paper investigates the impact of institutional environment resulting from the legal systems, on the financial performance of microfinance institutions (MFIs). Broadly categorized into common law and code law, the legal systems are found to significantly influence the efficiency of MFIs. We use an unbalanced panel of 1272 MFIs over a period of 16 years to analyze the effect of legal systems on their financial performance. In contrast to the accepted notion that common law systems are more conducive to effective market systems, our results show that MFIs operating under code law systems exhibit better financial performance than in common law systems.     

From family security to the welfare state: Path dependency of social security on the difference in legal origins

We provide a new framework to analyze law and public finance from the perspective of difference in legal origins. The size of the welfare system differs from country to country. The security net provided by the family and other informal institutions also varies. Our two-sector model links these phenomena. We consider two cases of security. The first considers security achieved through intra-household resource redistribution in the traditional sector. The second case considers the welfare state, which taxes the modern sector. Switching from intense family security to an extensive welfare state model enhances growth because state taxation on the modern sector harnesses the potential productivity of the entire economy. In contrast, countries with low levels of family security should transition to a small welfare state model to sustain growth. This finding explains the different trends of welfare benefits in civil law and common law countries. The different sizes of the welfare state have their origins in family law, which differently stipulates family security between civil law and common law countries.     

The Demand for Constitutional Law

A growing concern in transition economies is the gap between the law on the books and the law in practice. The existence of such a gap has long been recognized even in countries with a long legal tradition and where, by and large, the formal law seems to be observed. In transition economies as well as in many emerging markets and developing countries, this gap appears to be especially pronounced. This paper argues that an explanation for this phenomenon can be found in the process of law development in these countries. They have extensively imported law from other countries in an attempt to stage a catch-up in legal development. This was facilitated by foreign legal advisors preaching the existence and transferability of best practice in other parts of the world. The missing link in this equation has been the demand for law. This paper seeks to explain the meaning of the demand for law in the context of evolving Russian constitutional law drawing extensively from research on legal transplants and the lack of demand for law in other areas of the law.     

Colonization and the Rule of Law: Comparing the Effectiveness of Common Law and Civil Law Countries

The rule of law is one of the most important components of any explanation of cross-national differences in economic well-being. But what leads to better rule of law in a country? Using an institutional approach this paper probes the effect of legal systems in influencing the rule of law. There has long been speculation that the countries adopting English common law are better at providing legal dispute resolution than those adopting the continental forms of civil law. That speculative assessment is found to be true only in those countries that have been colonized, further analysis demonstrates that it is the effectiveness of the protection of property rights in common law systems rather than the institutions themselves that influence rule of law statistics. The paper calls for a more refined examination of legal systems which takes into consideration whether law is organically developed or transplanted.     

发达国家投资基金监管法律制度的比较分析

一些发达国家的投资基金监管法律制度已趋于完善,比如,英国确立了自律型监管制度,美国确立了法律约束下的集中管理制度,日本确立了政府严格管理型监管制度。这三个国家确立的投资基金监管制度具有很强的典型性和优越性。我国发展基金业,可以结合实际需要借鉴他国的有益经验。基于此,细致地比较分析发达国家投资基金监管法律制度就显得尤为重要。     

中国外汇投资的风险研究——基于国家外汇投资公司投资美国黑石集团的案例分析

国家外汇投资面临着一系列风险,包括政治风险、法律风险、汇率风险、市场风险、特定项目风险等。中国国家外汇投资公司2007年投资入股的美国黑石集团在过去20多年以来取得的辉煌业绩吸引越来越多的注意力,上市后的黑石集团能否如虎翼,取决于黑石集团对未来可能面临的风险的控制和外部环境及舆论等发生变化后的应对措施。本文从上市公司监管、税收政策、业务发展等几方面对美国黑石集团的发展风险做了系统分析,以更有助于理解中国外汇投资所存在的各种风险。     

Courts and Firm Investments in Real Property

The legal environment and rule of law are important for business, but existing studies often treat rule of law holistically. This article examines the role of courts, specifically the speed of court decisions, the enforcement of edicts, and the impartiality of decision-making as perceived by firms of various sizes, and the impact this has on firm investments in real property. The article analyzes a panel of 6,300 firms from 27 countries in the period from 2002 to 2009 to find that (i) firm size affects perceptions positively, while (ii) paying bribes affects perceptions negatively. At the same time, (iii) a firm’s connections to the government have no apparent impact. More importantly, while all three components have a positive correlation with the amount firms invest in land and machinery, the speed of courts has the greatest significance and the highest marginal effect. Firms perceiving courts to be quick invest nearly four times as much as the average real property investment. This finding suggests that policymakers should focus on reducing backlogs in the court system, perhaps by encouraging more arbitration or staffing more clerks.     

ON THE IMPACT OF PUBLIC DEBT ON ECONOMIC GROWTH: DOES COUNTRY RISK MATTER?

This study examines the nonlinear impacts of four country risk indices on the debt‐growth nexus for 61 countries in a panel data framework. Our results show evidence of the different debt‐growth nexus under the different degrees of country risk. Under a high‐risk environment, a country's economic growth is harmed by raising its public debt. The negative effects public debt has on economic growth become weak under low political and financial‐risk environments, while an increase in public debt could help to stimulate economic growth under low composite and economic risk environments. In addition, the differences of countries' income and debt levels also lead country risks to have different effects on the debt‐growth nexus, suggesting that a country should borrow appropriately based on its current risk environments while improving economic performance. (JEL C33, E02, H63, O43)     

The cost of registering property: does legal origin matter?

There is a large literature that finds that common law countries perform better than civil law countries in various aspects of the institutional environment. This article extends these findings to another dimension of institutional quality??the cost of registering property. In a sample of 121 countries, we find that the cost of registering property is lower by 26 percent of the world average in common law compared with civil law countries, a result largely driven by differences in non-notary costs of registering property. We provide plausible explanations for these findings.     

Institutional obstacles to African economic development: State, ethnicity, and custom

To account for the African growth tragedy and, in particular, for its causes rooted in governance problems, the institutional legacy that African countries inherited from pre-colonial and colonial times must be considered. Three aspects are examined here. First, the relationship between ethnicity and state performance is bi-directional: if strong ethno-regional identities prevent the emergence of modern citizenship, they themselves constitute an endogenous outcome of continuous state failures. Second, the persistence of informal rules and social norms causes legal dualism, which undermines the credibility of modern statutory law. Third, social customs and norms that hinder socio-economic differentiation and individual capital accumulation lower the performance of indigenous enterprises.     

Innovation in corporate law

In most countries large business enterprises today are organized as corporations. The corporation with its key attributes of independent personality, limited liability and free tradeability of shares has played a key role in most developed market economies since the 19th century and has made major inroads in emerging markets. We suggest that the resilience of the corporate form is a function of the adaptability of the legal framework to a changing environment. We analyze a country's capacity to innovate using the rate of statutory legal change, the flexibility of corporate law, and institutional change as indicators. Our findings suggest that origin countries are more innovative than transplant countries. Journal of Comparative Economics 31 (4) (2003) 676–694.     

The impact of institutions on financial development: Evidence from East Asian countries

This paper examines the impact of institutions on regional financial development using a panel data model of 11 East Asian countries during 1996–2017. It divides the institutional factors into six economic factors and six legal‐political factors. The analysis demonstrates that the legal‐political institutional factors have a stronger impact on financial development than the economic institutional factors in East Asia. Improvement in institutional quality such as fiscal freedom, business freedom, control of corruption, government effectiveness, regulatory quality and rule of law can promote financial development. Improvements of these institutional factors facilitate the ability of enterprises to allocate resources and improve the strength of business operations, thereby reducing transaction costs and making the financial operating environment fairer and more efficient. With the improvement of institutional factors, financial development will have more opportunities to develop better. Institutional impacts are more pronounced in the financial development in Malaysia, Indonesia, the Philippines and Myanmar than in the other countries such as China, Japan, Korea and Singapore.     

Law and credit constraints in transition economies1

Using a survey of over 4,000 firms in 21 transition economies, this paper investigates how legal extensiveness (law on the books) and legal effectiveness (law in practice) affect availability of bank finance. Our findings suggest that both law on the books and law in practice are important, but that they impact firms of different sizes differently. Small firms appear to be the most credit constrained in countries with weak creditor rights and with weak contract enforcement, while large firms are the most credit constrained in countries with weak courts and unclear and inconsistent laws pertaining to firms’ business operations.     

法国促进可持续发展 开展节能减排的做法

法国是最早通过“气候变化国家计划”的国家之一，基本建立起了完备的法律体系，并运用多种财税政策保障实施。本文在研究和分析法国环境保护立法实践、制度设计的基础上，系统整理了法国促进可持续发展、开展节能减排的具体措施和良好行为。