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important.Climate liability suits (lawsuits seeking damages from the companies that have been major contributors to climate … advocates have also suggested that imposing liability on the major fossil fuel producers will push them to change their …
Persistent link: https://www.econbiz.de/10013222765
Given the urgent need to dramatically reduce greenhouse gas emissions, and concern regarding insufficient climate action and ambition across the globe, NGOs and individuals are increasingly turning to the courts to force States, public authorities, and private entities to increase their climate...
Persistent link: https://www.econbiz.de/10012795452
Given the urgent need to dramatically reduce greenhouse gas emissions, and concern regarding insufficient climate action and ambition across the globe, NGOs and individuals are increasingly turning to the courts to force States, public authorities, and private entities to increase their climate...
Persistent link: https://www.econbiz.de/10013312155
What it means to fully compensate a plaintiff can depend on whether one approaches the question from an efficiency perspective, a corrective justice view, or some other normative stance. One formulation of “compensation” is prominent in theoretical work and in the day-to-day operation of the...
Persistent link: https://www.econbiz.de/10014195290
After the disaster of Fukushima in March 2011, some countries and especially Germany changed their energy policy … article the developments in Germany are considered against the historical and legal background. First, the article traces the …
Persistent link: https://www.econbiz.de/10014161440
The global nuclear power play seems to be changing form and altering courses with each passing day. The world has realised the enormous destructive potential of nuclear weapons and has even made reasonable room for curbing and containing their use in the past. However, whether or not the world...
Persistent link: https://www.econbiz.de/10012927725
There have long been claims that compensations for noneconomic damages are random because tort law does not provide clear guidance regarding these compensations. I investigate, in both settled and tried medical malpractice cases, whether noneconomic damage payments are arbitrary and what...
Persistent link: https://www.econbiz.de/10010333970
Reasons for the joint use of ex ante regulation and ex post liability to cope with environmental accidents have been a … general trend toward a clear division of labour between regulation and liability: when both are jointly used, liability …. An unexpected effect of liability is observed: judges are more severe with the most regulated firms and public agents …
Persistent link: https://www.econbiz.de/10010857519
uncertainty problems in liability. A widely held view among Law & Economics scholars is that civil liability alone is not well … civil liability rule, it is therefore advocated that a regulatory system be implemented combined with a public insurance … scheme, or, alternatively, to go for a mix of regulation and civil liability. Such a mix of regulation and civil liability …
Persistent link: https://www.econbiz.de/10010857524
-disciplinary approach, analyses the present conditions and problems of the application of ADR in specific areas in China, such as in the …
Persistent link: https://www.econbiz.de/10014174857