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producers of anthropogenic, atmospheric carbon dioxide. These defendants will inevitably seek coverage for the costs of … litigation and any resulting judgments under their commercial general liability (CGL) policies. Insurance companies, in turn, are …
Persistent link: https://www.econbiz.de/10014217858
responded to catastrophic risks such as large-scale flooding, terrorist acts, and climate change. Liability approaches vary …
Persistent link: https://www.econbiz.de/10014218811
Academic debates on the most expedient method for addressing medical malpractice veer between reform of the tort of medical negligence or adoption of the no-fault compensation scheme. The no-fault system, which is operative in countries such as New Zealand and Sweden, has become the other...
Persistent link: https://www.econbiz.de/10014223983
Recently, the European Commission has issued the Directive 2004/35/CE on environmental liability with regard to the … prevention and remedying of environmental liability. The Directive extends liability that usually refers to personal injuries and … standard of proof conditional on factors such as the degree of uncertainty over causation or the information quality about care …
Persistent link: https://www.econbiz.de/10014224347
liability. But in the recent past information disclosure has emerged as an alternative or a complementary risk mitigation … interaction between extended liability and environmental information disclosure. In the model, lenders not only provide credit …
Persistent link: https://www.econbiz.de/10014224475
provide judges with relevant information to help solve causal uncertainty problems, but that on the other hand liability rules … under a civil liability regime. The literature generally holds that regulation should be the primary instrument to promote … environmental care, but that environmental liability can have a supplementary effect. However, little is known empirically on how …
Persistent link: https://www.econbiz.de/10014153117
energy. An important component of such a framework is a nuclear liability regime. In this article, the Chinese compensation … and its existing nuclear energy regulatory framework. Part III discusses the legislative framework for liability and the … effectiveness of two government documents. Part IV discusses in more details the rules regarding nuclear liability in China. Part V …
Persistent link: https://www.econbiz.de/10014155112
costs, especially human behaviour and organization within dangerous entities. An unexpected effect of liability is observed …Reasons for the joint use of ex ante regulation and ex post liability to cope with environmental accidents have been a … longstanding issue in law and economics literature. This article, which includes the first empirical study of the French …
Persistent link: https://www.econbiz.de/10014155882
multinational corporations in relation to harm caused to people and planet abroad. These 'foreign direct liability cases' arise … with no global institutions to manage their worldwide impacts. The increasing reliance on private law mechanisms to realize … transnational civil litigation and traces the role that Western society systems of tort law may play in promoting international …
Persistent link: https://www.econbiz.de/10014161539
comprehensive accident compensation scheme ever enacted in the common law world and deals a mortal blow to the traditional tort … that the common law has something to teach social insurance, rather than the other way around. Despite the legislation … being intended to replace and improve upon the deficiencies of common law and worker’s compensation, it is apparent that the …
Persistent link: https://www.econbiz.de/10014162095