Over the last years, third-party financing (TPF) of litigation has received considerable attention from both legal commentators and economists. Legal commentators have mainly examined whether third-party litigation financing agreements violate the common law doctrines of maintenance and...

This paper will be published as a chapter of the forthcoming volume ‘Directors & Officers Liability' edited by Simon F. Deakin, Helmut Koziol, and Olaf Riss. It explores D&O liability from a law and economics perspective with a view to identify trade-offs of different legal settings. The paper...

This study analyses the long standing question whether environmental risks and accidents can be sufficiently controlled under a civil liability regime. The literature generally holds that regulation should be the primary instrument to promote environmental care, but that environmental liability...

Increasingly, China is planning to move to nuclear power. The plan for China is to double its nuclear capacity in the near future. A critical component is that a regulatory framework has to be developed to accompany this move towards nuclear energy. An important component of such a framework is...

In this contribution we focus on the role of experts in the assessment of tort damages from an economic point of view. We distinguish two different aspects.First, we examine the role which economists might play in assessing damages in tort cases. This approach focuses on the insights that Law...

Current regulation and liability schemes ineffectively prevent and routinely under compensate natural resources damages. Compensation instruments, such as liability insurance, direct insurance, risk sharing agreement, environmental funds, and guarantees provided by liable parties or third...

This article compares Third Party Financing and Legal Expenses Insurance from an economic perspective. Such a comparison deserves attention for at least two reasons. First, LEI is not particularly widespread in Europe, as is often alleged. In most European countries in which the government does...

This paper deals with liability for nuclear accidents and analyses the international liability regime from an economic perspective. It is argued that the international legal regime provides an implicit subsidy to the nuclear operator by putting a financial cap on liability. It is equally argued...

This paper discusses the liability of damage resulting from the use of genetically modified organisms from an economic perspective. A distinction is made between the prevention and compensation goals of liability rules. The paper distinguishes the situation where victim and tort feasor stand in...

The paper will be structured as follows: after an introduction, an historical overview of the use of financial caps in maritime law will be provided. Next, the caps in the international conventions on oil pollution damage will be described on the basis of an analysis of their legal history and...