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This paper addresses the conditions for setting up strict civil liability schemes. For that it compares the social efficiency of two main civil liability regimes usually enforced to protect the environment: the strict liability regime and the "capped strict liability scheme". First, it shows...
Persistent link: https://www.econbiz.de/10008903426
This paper studies the delegation of activities that pose serious risks to health and the environment in an economy regulated by strict liability schemes. Strict liability induces judgment-proof possibilities. Two civil liability regimes are then compared: a strict liability scheme and a capped...
Persistent link: https://www.econbiz.de/10008735714
This paper analyzes the difficulties of comparing the respective effectiveness of two among the most important liability regimes in tort law: rule of negligence and strict liability. Starting from the standard Shavellian unilateral accident scheme, I show that matching up liability regime on...
Persistent link: https://www.econbiz.de/10009506385
Flood damage assessments are often based on Stage-Damage Curve (SDC) models that estimate economic damage as a function of flood characteristics, typically flood depths, and land use. SDCs are developed through site-specific analysis but rarely adjusted to economic circumstances in areas to...
Persistent link: https://www.econbiz.de/10011391820
The years-long negotiations on an international mechanism for loss and damage (L&D) associated with climate change impacts got to a milestone during the nineteenth session of the UNFCCC Conference of the Parties (COP-19), held in Warsaw in November 2013. The COP established the Warsaw...
Persistent link: https://www.econbiz.de/10010419920
Ultra-hazardous risky activities as the nuclear industry cannot be considered as "normal industries" i.e. without abnormal environmental and health risks. This theoretical paper studies the industrial organization of electro nuclear sectors from the view point of the general cost of impact...
Persistent link: https://www.econbiz.de/10008934645
Until now, most of the growing climate legal litigations mainly concern environmental associations or victims against energy of energy-users firms or States. However, in a near future, because of exacerbating sudden floods linked to climate change, future litigations could (will) concern...
Persistent link: https://www.econbiz.de/10011451290