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Full-Text Articles in Transnational Law
Proximate Cause In Maritime Insurance, Angelo Giampietro Avv.
Proximate Cause In Maritime Insurance, Angelo Giampietro Avv.
Angelo Giampietro Avv.
The proximate cause in marine insurance is the “dominant cause” of the loss. It was decided per Bingham L J in T M Noten BV v Harding that the dominant cause of the loss is to be determined by “applying the common sense of a business or seafaring man.” In determining the proximate cause of the loss, The Court recognized that it had to find the cause that was proximate in efficiency, and to do so they had to apply the test of the sentence expressed by Bingham LJ. Nevertheless, at the light of the recent decision of the Supreme …
The Cathedral Rules As The Wto’S Remedy, Ashley H. Song Ms.
The Cathedral Rules As The Wto’S Remedy, Ashley H. Song Ms.
Ashley Song
Coase’s assumption of zero transaction cost is not realistic in the WTO; it bears substantive amount of transaction costs. Unlike Coase, Calabresi and Melamed, in their article of “Property Rules, Liability Rules, and Inalienability: One View of the Cathedral,” endogenously admit that transaction cost exists and utilize it for the application of a property and liability rule. I would like to apply the property, liability, and inalienability rules to the WTO– mainly, to the wrongful acts of the WTO members– and which remedy according to which rule can be effectual or reach the welfare maximization in Pareto Optimal.