Yearbook 2015

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According to findings from the Survey of Health, Ageing and Retirement in Europe (SHARE), population ageing in Europe does not inevitably entail frictions between generations but also offers opportunities for strengthening cohesion. The social isolation of informal caregivers can be mitigated with an increased availability of formal care. And although impairment leads to reduced social activities, to cognitive decline and depression this vicious circle can be broken by early intervention. more
International surrogate motherhood tests the limits of what a national law can do. Surrogacy is forbidden in Germany. Thus, many Germans commission surrogates abroad. Are they later the legal parents of the children? The children’s rights demand the recognition of their social family with the intended parents – which comes at the cost of effective enforcement of the prohibition of surrogacy. One might regret this circumstance. Accepting it, however, opens up a discussion that could lead to a better protection of the parties involved than merely insisting on the prohibition of surrogacy. more
Ius Constitutionale Commune en América Latina stands for a regional approach in transformative constitutionalism. This project at the Max Planck Institute for Comparative Public Law and International Law aims at the change of political and social realities through the strengthening of human rights, democracy and rule of law. The main focus is on common problems, such as the exclusion of broad sections of the population and the frequently weak legal normativity. This research project reconstructs the main elements of this approach and addresses its specific Latin American character. more
A recently published paper by Qiang Fu, Changxia Ke and Fangfang Tan offers a first empirical evidence of the impact of progress feedback between team and individual tournaments, and provides new insights on team incentives. The economists show: The leader in a competition performs worse when he realizes his advantageous position, whereas the laggard will benefit from knowing that he lies behind. This applies to individual contestants, but not to contestants competing in a team. more
A project at the Max Planck Institute for Tax Law and Public Finance intends to clarify the phenomenon of double non-taxation and to advocate for its neutrality as an objective outcome. Using hybrid entities as an example of analysis, this work aims to demonstrate that the sole result of non-taxation should not be a matter of concern in any cross-border transaction. Instead, the real target should be in determining whether the natural disparities between tax legislations can be subject to abuse, and if so, how to counteract it. more
“Regulated self-regulation” – this term is well known from the discussion in administrative law during the last years, at the same time it became a customary notion in debates in political science and sociology. However, it can also be used as a valuable concept for analysis in legal history. It usually incorporates types of social self-organization or participation that (also) serve the fulfilment of public purposes and are embedded in a state regulatory framework. more
Privacy is improved, but also endangered today by new technologies which make it easier to learn everything about the online activities of others but also to commit infringements. Cross-border data exchanges and data protection raise practical questions on the applicable law and the competent court in cross-border disputes. The Max Planck Institute Luxembourg leads a project on the protection of privacy in private international and procedural law. Researchers try to elaborate a resolution on the protection of privacy which shall support lawmakers in finding a consensus to regulate this field. more
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