A theoretical and practical analysis of the complex liability issues raised by carbon capture and storage systems for containing greenhouse gases. Carbon capture and storage (CCS) systems inject highly compressed carbon dioxide gas deep into geological formations in order to contain the gas, and its harmful effects on the planet, for the foreseeable future and beyond—for centuries or even millennia. Used effectively, CCS could lessen the impact of climate change while carbon-free energy sources are developed. And yet CCS is not widely deployed. In this book, Michael Faure and Roy Partain offer a theoretical and practical discussion of one of the main obstacles to CCS adoption: complex liability and compensation issues. Faure and Partain point out that current liability rules are unclear in their application to CCS. Causation is complicated, and the timeline of hundreds of years goes beyond the lifetimes of people or corporations. Examining the subject from legal and economic perspectives, they consider whether rules of civil liability can govern CCS risk; how a liability system might address the open-ended timeline; what role public and private regulatory measures could play; and whether compensation should be provided from public or private resources. They investigate the utility of different forms of insurance and of such financial tools as guarantees, deposits, and catastrophe bonds. They offer not only a rigorous framework for assessing policy but also a summary of policy recommendations they develop from their findings.
On 12 June 2009, Michael Faure accepted the position of Professor in Comparative Private Law and Economics at Erasmus University Rotterdam. In his inaugural speech Faure discusses the importance of behavioural studies for the economic analysis of accident law. The assumptions of traditional economic models of tort and insurance are discussed as well as the main findings of behavioural law and economics. Also, the consequences of the behavioural studies for the economic analysis of tort law and insurance are addressed. Faure claims that as far as the economics of tort is concerned it may be difficult to incorporate the results of the behavioural studies since it could substantially increase the administrative costs of applying tort rules. As far as the area of insurance is concerned cognitive limitations may (e.g. as far as natural disasters are concerned) constitute an argument in favour of mandatory insurance in particular areas. Michael Faure (1958) acquired his doctoral degree in 1989 with a thesis on enforcement of environmental law through criminal law. He started in 1991 as professor of international and comparative environmental law and as academic director of the Maastricht European Institute for Transnational Legal Research (METRO) and still holds both positions today
This book sheds new light on the growing issue of using liability as a tool for both preventing and compensating for the damage caused by climate change. Michael Faure and Marjan Peeters have brought together a selection of expert contributors who explore a variety of both national and European perspectives on the topic. Climate change liability is no longer only a theoretical idea since climate changelitigation has become so hotly debated and this book examines to what extent it can be used for mitigation and adaptation issues. Chapters discuss the potential role of liability within various legal systems, like the national systems of the USA and The Netherlands, but also EU and ECHR law. Liability is outlined in a broad perspective since not only compensation for damage suffered by plaintiffs isdiscussed, but also the need for prevention in order to obtain a reduction of greenhouse gases.
This book analyses the drivers of specific common pool resource problems, particularly in fisheries and forestry, examining the way in which private and public regulation have intervened to fight the common pool resource problem by contributing to the establishment and maintenance of property rights. It focuses on the various forms of regulation that have been put in place to protect fisheries and forestry over the past decades – both from a theoretical as well as from a policy perspective – comparing the concrete interaction of legal and policy instruments in eight separate jurisdictions.
Today terrorism has become a world-wide phenomenon which does not stop at the European borders. Following the 9/11 attacks on the World Trade Centre and terrorist attacks in Paris, Madrid and London, concerns have arisen in Europe about potential liability exposure for terrorism-related damage. This book tackles the problem of civil liability for damage caused by terrorist acts from several angles. The authors expertly deliver a comprehensive analysis of terrorism-related risk under international and EU law, and the national tort law systems of seven representative EU Member States. They also provide a comparison of the situation in Europe to the liability environment in the United States. Risk mitigation strategies are considered and critically assessed, as are alternative systems for redressing terrorism-related risks. The book concludes with a reflection on the analysis and presents possible strategies for future regulation by the European lawmakers.
Marine oil pollution is one of the most damaging environmental liabilities of our time, and is taken very seriously by governments. Although international conventions take the lead in the legal regime underpinning prevention and compensation of marine oil pollution damage, national legal systems differ considerably in how they interpret and apply their monitoring and enforcement responsibilities. This is the first book to present a comparative analysis of the law with respect to marine oil pollution, with expert contributions emphasising particular solutions in Europe, the US, and China. The authors draw on the full range of legal sources, from theory and legislation to procedure and actual case studies. Written by both academics and practitioners?senior academics with a wide experience in the field, and practitioners who have extensively dealt with marine pollution issues?the work is not confined to a mere legal analysis, but offers a more inclusive law and economics perspective, solidly built on a substantial analysis (in English) of the law in the European, US, Chinese, and international contexts. Individual contributors focus on countries with which they have particular expertise or experience. This book will be of interest to corporate counsel, international lawyers, academics, and policy makers, as well as to students of (international) environmental and maritime law. In addition, the book is especially valuable to non-Chinese lawyers for its clear insight into the complex Chinese environmental legal system.
Liability of medical practitioners as well as hospitals has become increasingly important throughout the last decades. The number of claims as well as the amounts of damages have risen. Are mere modifications of the classical liability law sufficient to meet the needs of the 21st century's society? Is the introduction of a no-fault compensation model on the basis of the existence of insurance or funds the solution to the problem? This study provides an overview of the legal situations in various European countries and (because of its dissimilarity) New Zealand. Moreover the case law of these jurisdictions is analyzed by renowned tort law experts. A comparative survey highlights the discernible tendencies. Furthermore, the economic aspects of the liability systems in the health care area are presented. The reader finds information about the different ways in which contractual liability, liability based on fault, insurance and fund models are combined.
Mankind suffers not only from natural catastrophes, but increasingly from so-called man-made disasters, including technological explosions, and obviously also terrorism. This book addresses of these seemingly quite different solutions. Various possible remedies for victims are critically discussed; attention is also paid to the economic analysis of law.
This book is devoted to the growing internationalisation of the legal disciplines from both a scholarly and an educational perspective. Its contributions were presented at a conference to celebrate the 20th anniversary of the Maastricht Faculty of Law. There, not only the state of the main legal disciplines from the perspective of the emerging common law of Europe was discussed, but also a debate was held about the way to teach the law to future generations of students. This book contains contributions of Daan Asser, Katharina Boele-Woelki, Sabine Gle2, Stefan Grundmann, Ton Hartlief, Aalt Willem Heringa, Ewoud Hondius, André Klip, Kalle Määttä, Hector L. McQueen, Ulrich Magnus, Dieter Martiny, Peter-Christian Müller-Graff, Knut Wolfgang Nörr, Remco van Rhee, Michael Rodi, Jan Smits, Stefan Ubachs, Luc Verhey, Ellen Vos, Pierre Widmer and Alain Wijffels.
In many countries, various shifts have taken place between private and public funding regarding environmental damage compensation. This book theoretically examines these shifts and offers many supporting practical examples. Coverage also examines shifts in private and public compensation mechanisms and describes shifts in some national legal systems towards greater government involvement as well as within specific private legal systems.
Recent Dutch legislation has been introduced stating that biomedical research on humans can only be undertaken when an insurance contract covering the damage as a result of death or personal injury of the patients has been concluded. The aim of this legislation is to ease the acquiring of compensation for test subjects in case damage arises in the course of biomedical research. As such, victims are able to claim compensation directly from the insurer, irrespective of any liability. This volume presents a critical evaluation of the functioning of this legislative arrangement and the situation in various European countries is examined. Country reporters from Belgium, England, France, Germany, the Netherlands, Spain, Sweden and Switzerland describe the insurance and liability arrangements relating to biomedical research in their country. The concluding three reports of this volume examine the situation from both a comparative and international perspective.
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