Regulatory Strategies in Environmental Liability
THE REGULATORY FUNCTION OF EIROPEAN PRIVATE LAW, pp. 129-187, Cafaggi, F., Watt, H. Muir, eds., Cheltenham, Edward Elgar, 2009
63 Pages Posted: 23 Nov 2010 Last revised: 24 Jun 2011
Date Written: 2009
This paper analyses the possibilities of private law in remedying environmental damage. The preventive role of tort law is discussed as well as its relationship to regulation. Attention is also paid to the necessity to combine liability and regulation and to the environmental liability directive. Conditions for the insurability of environmental harm are discussed and attention is paid to alternative compensation mechanisms for environmental harm such as environmental damage insurance and compensation funds. Also, arguments in favour of harmonization of environmental liability are critically discussed.
Keywords: tort law, liability, strict liability, negligence, environmental liability, European private law, regulation, insolvency, liability insurance, risk differentiation, causal uncertainty, retrospective liability, environmental damage insurance, harmonization
JEL Classification: K13, K32
Suggested Citation: Suggested Citation