"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Monday, October 6, 2008

SSRN Articles

AL Verbeke, Negotiating (in the Shadow of a) European Private Law.

Abstract:
The outcome of any negotiation, dispute or rulemaking, is to a certain extent influenced by rules and precedents. Moreover, clear and predictable rules may protect the weaker party in a negotiation because, as objective standards, these rules impact the distributive issues at stake, and contribute to the outcome fairness of the agreement. Applied to the field of European private law, the author argues for a more consistent approach to harmonisation, taking into account insights from negotiation theory and process building.
Posted by at

No comments:

Post a Comment

Subscribe to: Post Comments (Atom)