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

Maastricht Faculty of Law Working Paper No. 2011/22

63 Pages Posted: 23 Nov 2010 Last revised: 24 Jun 2011

Michael G. Faure

University of Maastricht - Faculty of Law, Metro; Erasmus University Rotterdam (EUR) - Erasmus School of Law

Date Written: 2009

Abstract

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

Faure, Michael G., Regulatory Strategies in Environmental Liability (2009). THE REGULATORY FUNCTION OF EIROPEAN PRIVATE LAW, pp. 129-187, Cafaggi, F., Watt, H. Muir, eds., Cheltenham, Edward Elgar, 2009 ; Maastricht Faculty of Law Working Paper No. 2011/22. Available at SSRN: https://ssrn.com/abstract=1713118

Michael G. Faure (Contact Author)

University of Maastricht - Faculty of Law, Metro ( email )

PO Box 616
Maastricht, 6200 MD
Netherlands
+31 - 43 - 388 30 60 (Phone)
+31 - 43 - 325 90 91 (Fax)

HOME PAGE: http://www.michaelfaure.be

Erasmus University Rotterdam (EUR) - Erasmus School of Law ( email )

3000 DR Rotterdam
Netherlands

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