cut by 2050, while the EU Shipping Pollution Regulation 2015/757 merely contains a monitoring, reporting and verification … system for carbon dioxide, but not other emissions. This leads to the question of whether liability for climate damage may … discusses the developing case law in tort on liability for climate damage, an implicit director’s duty of care, the challenges …

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 …

interaction of these two systems has not been extensively studied. We examine four different facets of the regulation litigation …

In this paper, we argue that the joint use of ex-ante regulation and ex-post liability rules is efficient when there … create a risk for the environment. Moreover, we suggest that a joint use of liability and regulation should more frequently …

distortions in environmental liability sharing between firms and insurance companies that the imperfect implementation of …. We characterize cases where the efficient liability sharing factor is above or below its full information perfect … implementation level. We derive comparative statics results indicating how sensitive the liability sharing factor is to changes in …

The literature on the optimal regulation of judgment-proof firms has tended to focus on ex post policies such extended … 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 …

This paper studies environmental liability from the perspective of Private International Law (jurisdiction and choice …

The rule of Strict Liability laid down in Rylands vs Fletcher more than a century ago, has almost stood the test of … form of 'Absolute Liability' in the Oleum Gas Leak case of 1986. However, the applicability and correctness of that … archaic concepts in the contemporary times. This paper argues that these principles of Strict Liability, Absolute Liability …

the case with toxic torts. Risk aversion and ambiguity aversion tend to have a similar impact on optimal liability rules … liability dominates negligence when the injurer has lower degrees of risk and ambiguity aversion than the victim and can …

Several U.S. states have attempted to use of legal liability imposed on greenhouse gas emitters as a public policy … for climate change liability: as a source of compensation, as a direct influence on greenhouse gas concentrations, and as … liability may be that the threat of liability improves the chances that climate change policies will use more efficient, revenue …