This chapter deals with the application of economic theories of criminal law to environmental pollution. The chapter starts by addressing why environmental pollution needs to be enforced at all by using the criminal law. Attention is also paid to the question whether in certain circumstances...

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 political science, legal and economic literature, there has been a lot of debate on how to achieve an optimal compliance especially with multi-lateral environmental treaties. This chapter attempts to present the literature indicating under what conditions compliance with global environmental...

This paper provides an empirical assessment of enforcement of environmental law in the Flemish Region. Data are used from the environmental inspectorate over a period of 20 years showing how many violations took place, how these violations were handled by the environmental inspectorate and how...

In environmental criminal law, often vague notions are used to describe the behaviour that should be punished. This is also the case in a recent EC Directive on environmental crime. This EC Directive forces Member States to use the criminal law as an enforcement mechanism in case of violations...

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...

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 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...

This paper deals with the well-known environmental public interest litigation before the Supreme Court of India. While a certain amount of literature exists, principally describing the judicial activism in which the Supreme Court of India has engaged for many years, to date no comprehensive...