Law and Economics of the Coronavirus Crisis (Economic Analysis of Law in European Legal Scholarship, 13)

Preface
Contents
Part I: Immediate Impact and Responses
	Law, Economics, and Compliance in the Times of COVID-19: A Behavioural Perspective
		1 Introduction
		2 Choosing the Means to Promote the Goal: Nudges v. Mandates
		3 Nudges: Behaviourally Informed Messaging, and Choice Architecture
			3.1 Behaviourally Informed Messaging
			3.2 Choice Architecture
		4 Harnessing Social Norms
		5 Behavioural Ethics: Addressing Motivated Reasoning and Partisanship
		6 Conclusion
		References
	Fake News in Times of Pandemic and Beyond: Enquiry into the Rationales for Regulating Information Platforms
		1 Introduction: The Changing Landscape of Fake News
		2 Regulating Online Platforms
			2.1 Understanding Platforms as Information Intermediaries
			2.2 Regulatory Initiatives Addressing the Platformization of the Media Space and Online Misinformation
				2.2.1 Introduction
				2.2.2 Developments in the United States
				2.2.3 Developments in the European Union
					Remarks on the General Framework for the Protection of Freedom of Expression
					Specific Initiatives Regulating Platforms
		3 Appraisal of the Emergent Regulatory Framework for Platforms
		References
	A Behavioural Economics Approach to the Covidian Crisis
		1 Introduction
		2 Why Can We Not Learn from History?
		3 Response to the Pandemic by Governments and Citizens
		4 Behavioural Economics as a Public Health Support
		5 Final Thoughts
		References
	Contracts and the Coronavirus Crisis: Emergency Policy Responses Between Preservation and Disruption
		1 Introduction
		2 Emergency Policy Responses
			2.1 Responses for Commercial Contracts
			2.2 Responses for Consumer Contracts
			2.3 Responses for Employment Contracts
			2.4 Responses for Lease Contracts
		3 Preservation, but Excuses and Remedies
			3.1 Subsequent Impossibility of Performance
			3.2 Debtor´s Delay of Performance
			3.3 Creditor´s Delay of Performance
		4 Disruption, Either Adaption or Termination
			4.1 Adaption and Termination Under Changed Circumstances
			4.2 Termination for Cause
		5 Conclusions
		References
	The Giant Awakens
		1 Introduction
		2 The Giant in Chains: Excessive Pricing in Law & Economics
			2.1 Legal-Economics of Price, Value, and Profit
			2.2 The Gigantic Debate: Arguments Pro and Contra Excessive Pricing Enforcement
			2.3 Efficiency v Fairness
		3 A Familiar Giant: Excessive Pricing in European Competition Law & Policy
		4 The Giant Awakens: Excessive Pricing and Price Gouging During the COVID-19 Crisis
			4.1 United States
			4.2 United Kingdom
			4.3 European Union
			4.4 South Africa
				4.4.1 Babelegi Workwear
				4.4.2 Dischem Pharmacies
				4.4.3 Analysis of the Cases in Light of Normative Views on Excessive Pricing
		5 Conclusion and Ways Forward
		References
	Balancing Lives and Livelihoods
		1 Introduction
		2 The Obligation to Fulfil (Provide) the Right to Adequate Food
		3 Key Argument
		4 The Negative Impact of COVID-19 on the Right to Food and the Legal Obligation for States to Step in Through the Obligation t...
		5 Challenges to Implementing the Obligation to Fulfil (Provide) the Right to Adequate Food in a Predominantly Informal Economy
			5.1 The Magnitude of the Informal Economy
			5.2 The Duration of the COVID-19 Pandemic in an Economy That Is Predominantly Informal as an Exacerbating Factor
		6 Social Protection as a Long-Term and More Sustainable Means to Implement the Obligation to Fulfil (Provide) the Right to Food
			6.1 The Complementarity Between Social Protection and the Obligation to Fulfil (Provide) the Right to Food
			6.2 Informality of the Economy as a Challenge to Financing and Expanding the Right to Social Protection
		7 Using ``Maximum Available Resources´´ to Overcome Challenges Posed by the Prevalence of the Informality of the Economy
		8 Conclusion
		References
		Books, Book Chapters and Journal Articles
		Online Documents
		Documents of United Nations Human Rights Mechanisms
	Business Interruption Insurance and Covid-19: Between Embracing Risk and Spreading Loss
		1 Introduction
		2 Business Interruption Insurance in the Context of Covid-19
			2.1 Business Interruption Insurance in the UK
				2.1.1 Disease Clauses: What is an ``Occurrence of Disease´´ That Triggers Business Interruption Cover?
				2.1.2 Prevention of Access Clauses: Are Recommendations Sufficient or do we Need Mandates?
				2.1.3 The ``Inability to Use´´ Clauses
				2.1.4 The Question of Causation
					Establishing Causality of Covid-19 Outbreaks to Establish Insurance Cover
					Disease Clauses: How Many Outbreaks of Covid-19 Are Necessary?
					Prevention of Access Clauses: The Cover Should not be Illusory
					Concurrent Effects of the Covid-19 Pandemic
				2.1.5 The Construction of Trends Clauses: The Scope of Indemnification
				2.1.6 Preliminary Assessment of the Supreme Court´s Judgment
			2.2 Developments in the US
				2.2.1 Insurance Product Design and Regulatory Measures
				2.2.2 The Position of the US Courts
		3 Loss Spreading Under Business Interruption Cover
		4 Conclusion
		References
	Remote Teaching and Remote Exams Due to COVID-19: Some Evidence from Teaching Law and Economics
		1 Introduction
		2 Higher Education in the Time of COVID-19
		3 European Master in Law and Economics: The Programme and its Organization
		4 Available Data
		5 Discussion
		6 Conclusion
		References
Part II: Future Possibilities
	Access and Development Rights in Pandemic Crises
		1 Introduction
		2 Broadening the Scope of Access Rights
			2.1 Open Society and Fundamental Rights
			2.2 Legal and Factual ``Holding´´ of Data
				2.2.1 Limited Scope of Ownership Rules
				2.2.2 Factual Control of Data
			2.3 Way Forward
				2.3.1 International Legal Instruments (UNESCO, ICESCR)
				2.3.2 Court Practice (ECOWAS)
				2.3.3 Interim Conclusion
		3 Revitalising Development Rights
			3.1 International Legal Instruments
				3.1.1 Existing Covenants and Declarations
				3.1.2 New Initiatives
			3.2 Need for a More Inclusive Approach
		4 Outlook
		References
	COVID-19 and the Issue of Affordable Access to Innovative Health Technologies: An Analysis of Compulsory Licensing of Patents ...
		1 Introduction
		2 Compulsory Licensing: The Most Controversial Public Health Flexibility
		3 Compulsory Licensing is Procedurally Cumbersome
		4 The Uses of Compulsory Licensing Flexibility Since the Doha Declaration
		5 Recent Developments in Response to COVID-19
		6 Conclusion
		References
	Financial (In)Stability and the UN´s Agenda 2030 on Sustainable Development in the Face of the Coronavirus Crisis
		1 The Rise of Economic and Financial Stability as a Driver of Contemporary International Economic Relations
		2 The Success of the Neo-Liberal Economic Order and Its Subsequent Crisis
		3 The Advent of the Coronavirus Emergency and the Need for a Change of Approach to Achieve Economic and Financial Stability
		4 The Transformative Power of the UN´s Agenda 2030 for a Better and More Stabilized International Economic Order
		5 Conclusions
		References
	Innovative Foods with Transparent Labels That Will Have the Next Pandemic for Breakfast
		1 Introduction
			1.1 Incursions Into Nature
			1.2 Animal-Industrial Complex
			1.3 Fur Farms
			1.4 Quiet Assassins
			1.5 Inefficient Meat Production
			1.6 Negative Externalities
			1.7 Pushback
		2 Innovative Foods and Their Names
			2.1 Plant-Based Food
			2.2 Cell-Cultured Meat
		3 Regulation for Innovative Food
			3.1 Quality Regulation
			3.2 Standard of Identity of Food; the Checkpoint for TiL Legislation
				3.2.1 Standard of Identity for Food
				3.2.2 Reform of Regulation (EU) No. 1308/2013
					Amendment 165 ``Veggie Burger Ban´´
					Amendment 171 Extension of the Existing ``Dairy Ban´´
				3.2.3 Mismatch of Amendment 171 with EU Policy Goals
					Health
					Sustainability
					Ethics
					Transition
					Clear Information
			3.3 Farm to Zoonotic Disease
		4 TiL, Transparency and Commercial Speech
			4.1 ``A Solution in Search of a Problem´´
			4.2 The Knife Cuts Both Ways
				4.2.1 Deceptive Advertisements
				4.2.2 Ag-Gag Laws
				4.2.3 Country-of-Origin
				4.2.4 Food Libel Laws
			4.3 Consumer Confusion or Commercial Speech
				4.3.1 Empirical Research
				4.3.2 Piggybacking on the Plant-Based Popularity Diluting the Meaning of Plant-Based
		5 Labelling and the Government´s Role to Stimulate or Stifle Certain Food
			5.1 Contradictory Campaigns
			5.2 Subsidies to the Animal-Based Industry
			5.3 Regulatory Capture
			5.4 Market Mechanism
			5.5 Efficiency Gains
		6 Conclusion
		References
	The Coming of Age of Open Data
		1 Introduction
		2 Characteristics of Data & Privacy
			2.1 The Nature of Goods & Services
				2.1.1 Rivalrous or Nonrivalrous
				2.1.2 Excludable or Nonexcludable
				2.1.3 Four Classifications of Goods & Services
			2.2 Framework for Assessing Privacy
		3 The Life Cycle of Data
		4 The Incentives to Open Data
			4.1 Benefits to Governments to Provide Open Data
			4.2 Benefits to Private Enterprises to Provide Open Data
			4.3 Benefits to Households and Individuals to Provide Open Data
		5 Open Data as an Antitrust Remedy
		6 Conclusion
		References
Index