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Deterrence Insurability And Compensation In Environmental Liability
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Book Synopsis Deterrence, Insurability, and Compensation in Environmental Liability by : Michael Faure
Download or read book Deterrence, Insurability, and Compensation in Environmental Liability written by Michael Faure and published by Springer. This book was released on 2003-03-06 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors took the European Commission 2000 White Paper on Environmental Liability as the occasion for a critical analysis of the efficiency and insurability of various environmental liability regimes. Traditional insurance is examined, but also alternative arrangements for financial security, such as compensation funds. In addition, various case studies present the availability of financial or insurance coverage for natural resource damage. Combining economic insights with an analysis of the practice in various countries like Austria, Germany, Italy, Spain and the USA empirical evidence is provided for the way in which insurance and financial markets respond to environmental liability regulations. This is the first study discussing the criteria for insurability of environmental harm in a systematic manner, both from a legal and an economic/insurance perspective.
Book Synopsis Managing Environmental Risk Through Insurance by : Paul K. Freeman
Download or read book Managing Environmental Risk Through Insurance written by Paul K. Freeman and published by Springer Science & Business Media. This book was released on 1997-06-30 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can insurance be used as a means to obtain compliance with environmental policy? Answering this question requires examination of a broad mosaic of academic issues, including current systems available for providing compensation and deterrence, use of contracts (including insurance) as substitutes for tort law, limitations of regulatory policy-making by government agencies, pre-conditions for creation of insurance products, and market mechanisms necessary for insurance to be purchased or sold. The purpose of Managing Environmental Risk Through Insurance is to highlight the potential role that insurance and performance standards can play in managing environmental risk. Insurance can play a significant role in dealing with one of the most problematic issues facing society today - how to compensate for environmental exposures. This book analyzes the ability of insurance to play a role in managing environmental risk. It begins by outlining the role insurance plays in society in contrast to other societal tools for addressing risk: government benefit programs and imposition of involuntary liability using the court system. By so doing, the book describes the comparative advantages of insurance. The book then analyzes the insurability of the risks. Finally, the book applies the insurability analysis to three concrete environmental examples.
Book Synopsis Tort Law and Economics by : Michael Faure
Download or read book Tort Law and Economics written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central goal of this book is to provide a state-of-the-art overview of the literature with respect to the economic analysis of tort law. It sure meets the challenge, offering with great expertise a comprehensive presentation of tort law in both economic and comparative perspectives. The clarity of the text, unusual in the law and economics literature, makes the book accessible to a broad readership of economists with a limited legal background and lawyers with limited economic skills. Olivier Moreteau, Louisiana State University, US Tort Law and Economics, ed. Michael Faure, provides a highly useful economic overview of the most important topics of tort law. The authors clearly show the main developments of the discussion, examining the results of recent studies and stating their own opinions. Detailed bibliographies are included. The volume has to be warmly recommended to friends and foes of economic analysis who are provided with a comprehensive update in this field while also indicating areas which critics have to focus on. Helmut Koziol, European Centre of Tort and Insurance Law, Austria This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to the evolution of the field, further refinements to economic models and relevant conclusions and lessons for the policymaker. Tort Law and Economics is part of the Encyclopedia of Law and Economics, and enables readers, some not familiar with law and economics, to obtain an insight in the relevant economic literature concerning tort law and economics. This book will be of interest to lawyers and economists, practitioners and academics interested in accident law, tort law, insurance and regulation. It will also appeal to students in economic analysis of law and policymakers working on prevention of accidents, tort law or compensation of accident victims.
Book Synopsis The Regulatory Function of European Private Law by : Fabrizio Cafaggi
Download or read book The Regulatory Function of European Private Law written by Fabrizio Cafaggi and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In twelve topical papers, written by renowned experts in distinct areas of the law, the reader will find out how private law and private international law instruments can serve public policy goals (such as the protection of the environment, product safety or services of general economic interest) and how these instruments interact with regulation in the proper sense. A must for those who want to explore the borderline if it exists between public and private law in the EU. Jules Stuyck, Leuven University, Belgium In the context of the current debate on the desirability and process of forming European private law (EPL), this book considers one fundamental question addressing its descriptive and normative dimension: does and should EPL pursue regulatory objectives beyond market integration? The editors argue that because national categories are of little help in grasping the characteristics of a multi-level regulatory system, it is necessary to link three perspectives: private law, regulation and conflict of laws. This book explores this interaction in four distinct fields: product liability, environmental protection, public utilities and e-commerce. The results show that EPL is highly regulatory and that the implications of this change have not been adequately considered by institutions and by scholars. The Regulatory Function of European Private Law will be of great interest to academics of law, as well as to private and public lawyers and European policymakers.
Book Synopsis Environmental Law in Development by : N. Niessen
Download or read book Environmental Law in Development written by N. Niessen and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . an important addition to the small, but growing, published literature on the development of environmental law in developing countries. It will be of interest to academics and those involved in law development in Indonesia and the other developing countries. Jennifer Mohamed-Katerere, Journal of Environmental Law This book asks whether environmental law and policy in developed countries can be successfully transferred to developing countries. It questions whether developing countries are indeed ready and able to implement new ideas from the developed world, such as the integration of environmental law, and use of market-oriented instruments. The authors draw insights from the case of Indonesia, where they have experience of drafting environmental legislation, and which is itself in the early stages of development. Through these insights they seek to understand why environmental law that has been well developed in theory, can in practice be difficult to monitor and adequately enforce. Indeed, a further question central to the book is why developing environmental law does not necessarily result in an efficient environmental policy. Taking a comparative perspective, and using a multi-faceted methodology that draws on constitutional and administrative law, human rights law, criminal and liability law and international law, as well as law and economics, the authors conclude with an outline of some of the lessons that can be learnt by other jurisdictions seeking to develop environmental law. Lawyers, environmental engineers and social scientists involved in environmental law and policy in developing countries will find much to interest them in this book, as will those concerned with development studies or with a particular interest in the case of Indonesia.
Book Synopsis Liability and Compensation for Offshore Oil Pollution Damage in the Arctic by : Kristoffer Svendsen
Download or read book Liability and Compensation for Offshore Oil Pollution Damage in the Arctic written by Kristoffer Svendsen and published by BRILL. This book was released on 2024-01-15 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an essential contribution to understanding Russian law for English speakers. In a time when the energy markets in Europe are changing away from Russian dependence on oil and gas, Dr Svendsen explains what the legal consequences will be if we would experience cross-border harm as a result of an oil spill from offshore installations on the Norwegian and the Russian side of the sea border in the Barents Sea. This book examines Russian and Norwegian rules governing liability, choice-of-law, recognition and enforcement, damage, third-party losses, environmental harm, and valuation of environmental harm.
Book Synopsis Managing Environmental Risks through Insurance by : Katarzyna Malinowska
Download or read book Managing Environmental Risks through Insurance written by Katarzyna Malinowska and published by Springer Nature. This book was released on with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Civil Liability in Europe for Terrorism-Related Risk by : Lucas Bergkamp
Download or read book Civil Liability in Europe for Terrorism-Related Risk written by Lucas Bergkamp and published by Cambridge University Press. This book was released on 2015-11-12 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive and forward-looking analysis of civil liability for terrorism-related risk under international, EU and selected national tort laws.
Book Synopsis Research Handbook on Law, Environment and the Global South by : Philippe Cullet
Download or read book Research Handbook on Law, Environment and the Global South written by Philippe Cullet and published by Edward Elgar Publishing. This book was released on 2019 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook offers an innovative analysis of environmental law in the global South and contributes to an important reassessment of some of its major underlying concepts. The Research Handbook discusses areas rarely prioritized in environmental law, such as land rights, and underlines how these intersect with issues including poverty, livelihoods and the use of natural resources, challenging familiar narratives around development and sustainability in this context and providing new insights into environmental justice.
Book Synopsis Climate Change Liability and Beyond by : Jiunn-rong Yeh、Sandrine Maljean-Dubois、Yann Kerbrat等 著
Download or read book Climate Change Liability and Beyond written by Jiunn-rong Yeh、Sandrine Maljean-Dubois、Yann Kerbrat等 著 and published by 國立臺灣大學出版中心. This book was released on 2017-01-18 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Climate change and its adverse impacts on nature and human society are clearly felt. Who should bear the responsibility? Should anyone be held liable for grave losses and damages related to climate change? In what way and to what extent can these issues be addressed in legal mechanisms both globally and locally? Will an international liability regime an ultimate solution? Are courts ready for and capable of resolving these disputes that find intricacy of law, policy and science? To shed light on these issues, this book is structured with four main themes on the discussions of climate change liability and related mechanisms. They are: 1) state liability and responsibility, 2) climate change litigation, 3) climate change liability and alternatives, and 4) dispute resolution and remedies. Reflections on the concepts of liability/responsibly/accountability have provided for nuanced understandings of their functional dynamics in climate change governance. Our findings also suggest that International and domestic courts have become a vital player in attribution or distribution of climate change liability. In addition to formalistic rights discourse and rigid liability regime, a few alternatives such as carbon market, insurance, mediation or soft law are also finding their ways to ensuring sustainability of climate change governance.
Book Synopsis International Environmental Obligations and Liabilities in Deep Seabed Mining by : Linlin Sun
Download or read book International Environmental Obligations and Liabilities in Deep Seabed Mining written by Linlin Sun and published by Cambridge University Press. This book was released on 2023-11-30 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clarifies legal requirements for environmental protection in deep seabed mining and the legal consequences when environmental damage occurs.
Book Synopsis Policy Issues in Insurance Environmental Risks and Insurance A Comparative Analysis of the Role of Insurance in the Management of Environment-Related Risks by : OECD
Download or read book Policy Issues in Insurance Environmental Risks and Insurance A Comparative Analysis of the Role of Insurance in the Management of Environment-Related Risks written by OECD and published by OECD Publishing. This book was released on 2003-10-31 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report focuses on the role of insurance and reinsurance companies in the management of environmental risks - environmental pollution risk and natural catastrophe risk in particular.
Book Synopsis Economics and Regulation in China by : Michael Faure
Download or read book Economics and Regulation in China written by Michael Faure and published by Routledge. This book was released on 2013-10-15 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, from a top international group of scholars, explores the ways in which economic tools can be used to improve the quality of regulation in general and legislative tools in particular. As the role of law becomes increasingly important in China, the question arises of how effective regulatory and legislative tools can be developed to accompany the Chinese evolution towards a welfare state. China therefore provides a unique case study for scholars and policymakers interested in examining how regulation can play a role in promoting sustainable development. Economics and Regulation in China goes beyond traditional economic analysis of law by focusing specifically on the question of how economic tools can guide the quality of legislation. To this end, the book centres in on three areas: regulation as a tool of economic growth, competition policy and environmental policy. Not only are these three domains of great importance for China, but they are also relevant for a broad scholarship interested in the economic analysis of law. This volume contributes to discussions on how ex-ante evaluation of legislative proposals and ex-post analysis can increase the effectiveness and efficiency of regulation, using economic tools, offering insights that go beyond the particular case of China. The analysis offered by this book makes it an invaluable resource for academics and policymakers alike.
Book Synopsis Regulating Disasters, Climate Change and Environmental Harm by : Michael Faure
Download or read book Regulating Disasters, Climate Change and Environmental Harm written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together insightful analyses of how developing countries can manage serious hazards. Natural disasters have long been threats to developing countries, but now climate change is increasing many risks and posing new challenges.
Book Synopsis The Habitats Directive in its EU Environmental Law Context by : Charles-Hubert Born
Download or read book The Habitats Directive in its EU Environmental Law Context written by Charles-Hubert Born and published by Routledge. This book was released on 2014-11-27 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the Habitats Directive; one of the most prominent piece of EU environmental legislation of the past decades. Seen by some as the cornerstone of Europe’s nature conservation policy, among other measures the Directive established the so-called "Natura 2000" ecological network, which covers more than 18% of the surface of the EU. However, despite the fact the Directive was adopted over twenty years ago only 17% of the protected habitats and species in Europe are being adequately protected while 10-60 % of animal species remain under threat. In light of the limited success and the contested nature of the Habitats Directive so far this book examines the successes and failures of the Habitats Directive from a legal and political angle. The book brings together international experts to consider the application, implementation and future of the Habitats Directive in order to assess whether the Habitats Directive is resilient enough to tackle biodiversity loss in the twenty- first century. Particular emphasis is put on the legal regime attached to the Natura 2000 network and its possible impact on land development and the relationship between the Habitats Directive and other topics including liability for ecological damage and transboundary nature conservation.
Book Synopsis Developing an Appropriate Contaminated Land Regime in China by : Xiaobo Zhao
Download or read book Developing an Appropriate Contaminated Land Regime in China written by Xiaobo Zhao and published by Springer Nature. This book was released on 2019-08-27 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the complex package of mechanisms used to identify, record, manage and remediate contaminated land, including the system for allocating liabilities that has been set up by China’s contaminated land law and accompanying administrative decrees and environmental standards. Statutory control of soil or land contamination is a comparatively new phenomenon for Chinese lawmakers and researchers. After more than ten years of preparation, China recently adopted its first nationwide contaminated land law—the Law of the People’s Republic of China on the Prevention and Control of Soil Contamination, which entered into effect in the beginning of 2019. The law deals exclusively with risk management in connection with soil contamination, and the remediation of contaminated land. This book analyzes various facets of how China is managing the risks associated with soil contamination and remediating contaminated sites by means of legislation. Chapters 1 and 2 reveal the current extent of the soil contamination problem in China and the initial policy responses of the country’s central government. In turn, Chapters 3 and 4 address the regulatory frameworks and the latest contaminated land legislation at both the local and national level. Lastly, Chapters 5 through 9 offer concrete recommendations, based on lessons learned in the US and UK, for reforming contaminated land management in China. Overall, the book covers the past, present and future of contaminated land management in China, making it of interest to environmental policymakers, administrators, academics, lawyers and engineers engaged in soil or environmental protection. Further, it offers a source of reliable information for those who want to learn more about China’s environmental legislation and contaminated land management policy.
Book Synopsis Civil Liability for Marine Oil Pollution Damage by : Hui Wang
Download or read book Civil Liability for Marine Oil Pollution Damage written by Hui Wang and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: This remarkable book - the first in-depth examination of the civil liability regime for marine oil pollution damage from a law and economics perspective - examines the efficiency and effectiveness of the regime, with particular attention to whether it is in fact designed in the public interest or merely a distribution of risks and costs among interested parties. The question is asked: does the liability system give the potential polluter incentives to take precautionary measures to avoid pollution or to reduce the possibility of pollution? The international regime on civil liability for marine oil pollution rests on the International Convention on Civil Liability for Oil Pollution Damage (CLC) and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Fund Convention). However, the world's biggest oil consumer and importer - the United States - has ratified neither, preferring its own Oil Pollution Act of 1990 (OPA), and China - currently the world's second oil-consuming country - has not ratified the Fund Convention. Thus it is reasonable to compare the three regimes - international, US, and China - as such a comparative study may reveal some advantages or disadvantages among the three systems. Among the issues raised and tackled head-on by the author are the following: whether the contents of international conventions can be considered as the result of the influence of the various interest groups involve; overview of the regulations of marine pollution; technical standards, rules for operation, professional criteria; to what extent a state may take action against trans-boundary polluting activities; what liability a state may incur for non-action or non-effective action; significance for liability of the charter-party, generally considered the evidence of the hire of a ship, and the bill of lading, considered the evidence of the contract of carriage of goods by sea; the crucial role of the so-called 'International Group' of 13 Protection and Indemnity (P and I) Clubs, non-profit organizations specializing in liability insurance; the main international players - the International Maritime Organization (IMO), the Comit? Maritime International (CMI), and industry organizations such as INTERTANKO and the Oil Companies International Marine Forum (OCIMF); the particular regime on offshore facility pollution liability in the United States; port state control; criminal liability; and EU and other regional initiatives. In addition, a detailed study of the Erika case reveals some of the rationale for many of the persistent features of marine pollution liability regimes. The well-thought-out legal and economic analysis provided in this book, along with its clearly stated policy recommendations and constructive perspectives for future development of the liability system, will be immeasurably valuable to lawyers and policymakers active in this highly visible area of international law.
