Lender Liability for Environmental Damage – Some Preliminary Thoughts on Efficiency and Justification

in: Klaus Mathis and Bruce R. Huber (eds.), Environmental Law and Economics, Springer 2017

9 Pages Posted: 18 Feb 2017

See all articles by Piotr Tereszkiewicz

Piotr Tereszkiewicz

Jagiellonian University in Krakow - Faculty of Law and Administration; KU Leuven - Faculty of Law

Date Written: March 1, 2016

Abstract

This paper discusses some assumptions applied to justify lender liability for environmental damage. In the paper’s first part views are discussed as to who, the lender or the borrower, can be regarded as the cheapest cost avoider in light of the cost-benefit analysis of environmental liability. Subsequently, the paper discusses a model of lender conduct under international codes of conduct for financial institutions (e.g. the Equator Principles), based on ethical justification. The conclusion compares the approaches.

Keywords: Lender Liability, Environmental Damage, Cost-benefit Analysis, the Equator Principles

Suggested Citation

Tereszkiewicz, Piotr, Lender Liability for Environmental Damage – Some Preliminary Thoughts on Efficiency and Justification (March 1, 2016). in: Klaus Mathis and Bruce R. Huber (eds.), Environmental Law and Economics, Springer 2017, Available at SSRN: https://ssrn.com/abstract=2919674

Piotr Tereszkiewicz (Contact Author)

Jagiellonian University in Krakow - Faculty of Law and Administration ( email )

Olszewskiego 2
Krakow, 31-007
Poland

KU Leuven - Faculty of Law ( email )

Tiensestraat 41
Leuven, B-3000
Belgium

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