Michael Faure - Böcker

This book analyses the drivers of specific common pool resource problems, particularly in fisheries and forestry, examining the way in which private and public regulation have intervened to fight the common pool resource problem by contributing to the establishment and maintenance of property rights. It focuses on the various forms of regulation that have been put in place to protect fisheries and forestry over the past decades – both from a theoretical as well as from a policy perspective – comparing the concrete interaction of legal and policy instruments in eight separate jurisdictions.

This book, from a top international group of scholars, explores the ways in which economic tools can be used to improve the quality of regulation in general and legislative tools in particular. As the role of law becomes increasingly important in China, the question arises of how effective regulatory and legislative tools can be developed to accompany the Chinese evolution towards a welfare state. China therefore provides a unique case study for scholars and policymakers interested in examining how regulation can play a role in promoting sustainable development. Economics and Regulation in China goes beyond traditional economic analysis of law by focusing specifically on the question of how economic tools can guide the quality of legislation. To this end, the book centres in on three areas: regulation as a tool of economic growth, competition policy and environmental policy. Not only are these three domains of great importance for China, but they are also relevant for a broad scholarship interested in the economic analysis of law. This volume contributes to discussions on how ex-ante evaluation of legislative proposals and ex-post analysis can increase the effectiveness and efficiency of regulation, using economic tools, offering insights that go beyond the particular case of China. The analysis offered by this book makes it an invaluable resource for academics and policymakers alike.

Today terrorism has become a world-wide phenomenon which does not stop at the European borders. Following the 9/11 attacks on the World Trade Centre and terrorist attacks in Paris, Madrid and London, concerns have arisen in Europe about potential liability exposure for terrorism-related damage. This book tackles the problem of civil liability for damage caused by terrorist acts from several angles. The authors expertly deliver a comprehensive analysis of terrorism-related risk under international and EU law, and the national tort law systems of seven representative EU Member States. They also provide a comparison of the situation in Europe to the liability environment in the United States. Risk mitigation strategies are considered and critically assessed, as are alternative systems for redressing terrorism-related risks. The book concludes with a reflection on the analysis and presents possible strategies for future regulation by the European lawmakers.

Civil Liability and Financial Security for Offshore Oil and Gas Activities provides insights into the liability and compensation regime for offshore-related damage. The book analyses the legal regime in a variety of states (including the US and the UK) as well as the EU regime. In addition, the various compensation mechanisms and amounts available today to compensate offshore-related damage are described and critically analysed. Moreover, the book is based on in-depth interviews with a wide variety of relevant stakeholders including insurers, representatives from supervisory authorities, and oil and gas producers. This volume also provides a variety of policy recommendations, formulated to provide an optimal compensation regime for offshore-related damage.

Today terrorism has become a world-wide phenomenon which does not stop at the European borders. Following the 9/11 attacks on the World Trade Centre and terrorist attacks in Paris, Madrid and London, concerns have arisen in Europe about potential liability exposure for terrorism-related damage. This book tackles the problem of civil liability for damage caused by terrorist acts from several angles. The authors expertly deliver a comprehensive analysis of terrorism-related risk under international and EU law, and the national tort law systems of seven representative EU Member States. They also provide a comparison of the situation in Europe to the liability environment in the United States. Risk mitigation strategies are considered and critically assessed, as are alternative systems for redressing terrorism-related risks. The book concludes with a reflection on the analysis and presents possible strategies for future regulation by the European lawmakers.

This work offers a multidisciplinary approach to legal and policy instruments used to prevent and remedy global environmental challenges. It provides a theoretical overview of a variety of instruments, making distinctions between levels of governance (treaties, domestic law), types of instruments (market-based instruments, regulation, and liability rules), and between government regulation and private or self-regulation. The book's central focus is an examination of the use of mixes between different types of regulatory and policy instruments and different levels of governance, notably in climate change, marine oil pollution, forestry, and fisheries. The authors examine how, in practice, mixes of instruments have often been developed. This book should be read by anyone interested in understanding how interactions between different instruments affect the protection of environmental resources.

This work offers a multidisciplinary approach to legal and policy instruments used to prevent and remedy global environmental challenges. It provides a theoretical overview of a variety of instruments, making distinctions between levels of governance (treaties, domestic law), types of instruments (market-based instruments, regulation, and liability rules), and between government regulation and private or self-regulation. The book's central focus is an examination of the use of mixes between different types of regulatory and policy instruments and different levels of governance, notably in climate change, marine oil pollution, forestry, and fisheries. The authors examine how, in practice, mixes of instruments have often been developed. This book should be read by anyone interested in understanding how interactions between different instruments affect the protection of environmental resources.

Day fines, as a pecuniary sanction, have a great potential to reduce inequality in the criminal sentencing system, as they impose the same relative punishment on all offenders irrespective of their income. Furthermore, with correct implementation, they can constitute an alternative sanction to the more repressive and not always efficient short-term prison sentences. Finally, by independently expressing in the sentence the severity and the income of the offender, day fines can increase uniformity and transparency of sentencing. Having this in mind, almost half of the European Union countries have adopted day fines in their criminal justice system. For the first time, this book makes their findings accessible to a wider international audience. Aimed at scholars, policy makers and criminal law practitioners, it provides an opportunity to learn about the theoretical advantages, the practical challenges, the successes and failures, and ways to improve.

Day fines, as a pecuniary sanction, have a great potential to reduce inequality in the criminal sentencing system, as they impose the same relative punishment on all offenders irrespective of their income. Furthermore, with correct implementation, they can constitute an alternative sanction to the more repressive and not always efficient short-term prison sentences. Finally, by independently expressing in the sentence the severity and the income of the offender, day fines can increase uniformity and transparency of sentencing. Having this in mind, almost half of the European Union countries have adopted day fines in their criminal justice system. For the first time, this book makes their findings accessible to a wider international audience. Aimed at scholars, policy makers and criminal law practitioners, it provides an opportunity to learn about the theoretical advantages, the practical challenges, the successes and failures, and ways to improve.

This book analyses the drivers of specific common pool resource problems, particularly in fisheries and forestry, examining the way in which private and public regulation have intervened to fight the common pool resource problem by contributing to the establishment and maintenance of property rights. It focuses on the various forms of regulation that have been put in place to protect fisheries and forestry over the past decades – both from a theoretical as well as from a policy perspective – comparing the concrete interaction of legal and policy instruments in eight separate jurisdictions.

This book, from a top international group of scholars, explores the ways in which economic tools can be used to improve the quality of regulation in general and legislative tools in particular. As the role of law becomes increasingly important in China, the question arises of how effective regulatory and legislative tools can be developed to accompany the Chinese evolution towards a welfare state. China therefore provides a unique case study for scholars and policymakers interested in examining how regulation can play a role in promoting sustainable development. Economics and Regulation in China goes beyond traditional economic analysis of law by focusing specifically on the question of how economic tools can guide the quality of legislation. To this end, the book centres in on three areas: regulation as a tool of economic growth, competition policy and environmental policy. Not only are these three domains of great importance for China, but they are also relevant for a broad scholarship interested in the economic analysis of law. This volume contributes to discussions on how ex-ante evaluation of legislative proposals and ex-post analysis can increase the effectiveness and efficiency of regulation, using economic tools, offering insights that go beyond the particular case of China. The analysis offered by this book makes it an invaluable resource for academics and policymakers alike.

Civil Liability and Financial Security for Offshore Oil and Gas Activities provides insights into the liability and compensation regime for offshore-related damage. The book analyses the legal regime in a variety of states (including the US and the UK) as well as the EU regime. In addition, the various compensation mechanisms and amounts available today to compensate offshore-related damage are described and critically analysed. Moreover, the book is based on in-depth interviews with a wide variety of relevant stakeholders including insurers, representatives from supervisory authorities, and oil and gas producers. This volume also provides a variety of policy recommendations, formulated to provide an optimal compensation regime for offshore-related damage.

"Environmental crime is a growing challenge for policy makers and law enforcers. This is an important and timely study which examines in depth how environmental crime is treated at national level within the European Union and the impact of the 2008 EU Directive on environmental crime on national systems. It will be required reading by anyone concerned with making environmental law more effective."Richard Macrory, Emeritus Professor, University College LondonThe aim of this important new collection is to explore how environmental crime is controlled and environmental criminal law is shaped and implemented within the European Union and its Member States. It examines the legal framework, looking in particular at Directive 2008/99/EC, and the specific competences of the EU in this domain. In addition, it provides a detailed analysis of environmental criminal law in seven Member States, focusing inter alia on the basic legislation, the way in which environmental pollution is criminalised and the main actors in place to enforce environmental criminal law. In so doing, it provides a much needed explanation of the evolution of environmental criminal law in Europe at Union level and how this is implemented in selected Member States.

"Environmental crime is a growing challenge for policy makers and law enforcers. This is an important and timely study which examines in depth how environmental crime is treated at national level within the European Union and the impact of the 2008 EU Directive on environmental crime on national systems. It will be required reading by anyone concerned with making environmental law more effective."Richard Macrory, Emeritus Professor, University College LondonThe aim of this important new collection is to explore how environmental crime is controlled and environmental criminal law is shaped and implemented within the European Union and its Member States. It examines the legal framework, looking in particular at Directive 2008/99/EC, and the specific competences of the EU in this domain. In addition, it provides a detailed analysis of environmental criminal law in seven Member States, focusing inter alia on the basic legislation, the way in which environmental pollution is criminalised and the main actors in place to enforce environmental criminal law. In so doing, it provides a much needed explanation of the evolution of environmental criminal law in Europe at Union level and how this is implemented in selected Member States.

'Don't take it seriously' is a quote from the 'Erasmus Mundus song', written by Roger Van den Bergh at the occasion of the Erasmus Mundus recognition of the European Master in Law and Economics. Or, as Roger likes to call it, the European Master in Law and Comics. This quote is so characteristic of Roger, that it now serves as the title of this Liber Amicorum, with which we express our friendship with and gratitude towards Roger, for his outstanding contribution to Law and Economics.Through his combined part-time chairs in Law and Economics in several countries, his subsequent appointment in Rotterdam to the first full-time chair in Law and Economics in Europe, as well as his long presidency of the European Association of Law and Economics, Roger has advanced and shaped the development of the Economic Analysis of Law.This Liber Amicorum brings together the contributions of 43 authors, in honour of Roger Van den Bergh. The contributions encompass many different topics, which reflects Roger's broad research interests. They are grouped together in four parts: Competition Law and Economics, Public Law and Economics, Private Law and Economics and Developments in Law and Economics. Many of the contributions contain links to Roger's work, as well as the authors' personal reflections on the importance of Roger for their work. This personal touch makes this Liber Amicorum, truly, a Friends Book for Roger.

This book deals with questions concerning the regulation of disasters, climate change and environmental harm in developing countries, focusing on the particular case of Indonesia and addressing regulatory problems from a multidisciplinary perspective.The contributing authors deal with issues of globalization and especially the question of how globalization affects environmental harm - for example, examining how climate change is regulated in developing countries. Particular attention is paid to the programme for reducing emissions from deforestation and forest degradation (REDD+) and to the effectiveness of the Clean Development Mechanism. Specific focus is also given to the regulation of disasters and the problem of how victims of disasters can be compensated. The book considers issues of decision-making and public participation in decisions with respect to environmentally hazardous activities and finally, the subject of how indigenous knowledge and 'local wisdom' can be incorporated in environmental decision-making in developing countries is discussed. Important conclusions are drawn about how reliable institutions and instruments can be developed to guarantee decision-making which reduces the risks emerging from environmental degradation, climate change or disasters in that public interest. Recommendations are formulated to take into account the specific challenges and problems that developing countries are facing when proposing particular instruments or institutions.This book will appeal to environmental lawyers, environmental policymakers, civil servants with competence for disasters, environmental decision-making or climate change, and environmental economists.Contributors: C. Backes, D. Bram, D. Bunga, L. Choukroune, M. Faure, I.N.E. Irawan, J. Khatarina, T. Mafira, R.V. Rugebregt, M.A. Santosa, I.G.E. Sarjana, J. Spier, M.A. Suleiman, E. Vos, I.W. Wiasta, A. Wibisana, I.W.G. Wiryawan

Compliance and enforcement is a fundamental issue within environmental law. But despite its pertinence, it is an area that has been neglected in academic research. Addressing this gap, this timely book considers the circumstances under which networking can increase the effectiveness of environmental enforcement.Presenting a general theory of how and why networking can increase the effectiveness of environmental enforcement, expert contributors ascertain the potential benefits of environmental enforcement networks. Specific criteria and benchmarks are provided, indicating under which circumstances networking may increase the competency of environmental enforcement. The book explores theoretical and empirical discussions of the benefits of networks, offering a discerning assessment of enforcement networks' influence on environmental protection. It also examines issue based examples of networks, such as networks dealing with transboundary waste or wildlife. In addition to this, environmental enforcement in particular areas, such as the US, Europe, Australia or Africa, is considered.Academics in environmental law and policy will benefit from this thorough overview of an important phenomenon. In addition, practitioners and policy makers will appreciate the valuable insights presented.Contributors include: M. Angelov, B. Araba Adjei, G. Baldwin, K. Bergamini, S.E. Bromm, L. Cashman, T. Circelli, M. De Bree, H. De Haas, P. De Smedt, M. Faure, W. Fawcett, D. Fest Grabiel, J. Gemmell, J. Gerardu, F. Geysels, R.G. Heiss, E. Janssen, E.B. Kasimbazi, M. Koparova, D. Kopsick, L. Lavrysen, J. Lehane, X. Lu, G. Lubieniecki, K. Markowitz, P. Meerman, L. Mensah, J.C. Monckeberg, G. Opondo, L. Paddock, C. Pérez, G. Pink, H. Qin, H. Ruessink, Z. Sava an, A. Stas, G.M. Vagliasindi, E. Van Asch, J. Yang, D. Zaelke

The Kyoto Protocol was a milestone event in the process of getting global climate change on to the political agenda and taking the first tentative steps towards internationally co-ordinated action. This book brings together researchers from the disciplines of law, economics, political science and sociology to analyse the instruments which have been set up to manage climate change and the institutional shifts that are required for the reduction of greenhouse gases (GHGs). The authors highlight the need for an adequate implementation structure and well designed flexible instruments to enable emissions targets to be achieved. They discuss the level of international coordination which is required for the smooth operation of flexibility mechanisms and the importance of ensuring these instruments fit within existing national structures. In some countries, there are concerns that the introduction of cap and credit trading programmes may require an overhaul of existing environmental legislation. Technical innovations will also have a critical role to play in preparing the ground for increasingly ambitious controls of GHGs. The authors emphasise the need for an evolutionary development of instruments to support such innovations and the potentially vital roles of firms and governments to help their quick diffusion. This book presents an unusual, fascinating and highly instructive mixture of approaches which will be readily accessible to a broad array of readers from a variety of scientific backgrounds. It will prove invaluable to economists, political and social scientists, lawyers, practitioners and decision-makers involved with climate change policy and international environmental law.

This book comprises contributions on recent developments in China from a law and economics perspective. For the first time Chinese and European scholars jointly discuss some important attributes of China's legal and economic system, and some recent problems, from this particular viewpoint.The authors apply an economic analysis of law not only to general characteristics of China's social order, such as the specific type of federal competition, the efficiency of taxation and regulation, and the importance of informal institutions (Guanxi), but also to distinct areas of Chinese law such as competition policy, professional regulation, corporate governance and capital markets, oil pollution, intellectual property rights and internet games. The contributors discuss to what extent the law and economic models that have so far been employed within the context of developed countries can be applied to a country like China as well. The European scholars use law and economics in order to determine what China could learn from the European experience. The Chinese scholars discuss whether law and economics can be of any use in analysing the particular features of the Chinese legal system today.Economic Analysis of Law in China will appeal to lawyers, economists and social scientists in China interested in developing legal institutions with an eye on economic efficiency. Scholars generally interested in the economic analysis of law, as well as in the comparison and transition of economic systems, will also find much in this book that will be of interest to them.

This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to the evolution of the field, further refinements to economic models and relevant conclusions and lessons for the policymaker.Tort Law and Economics is part of the Encyclopedia of Law and Economics, and enables readers, some not familiar with law and economics, to obtain an insight in the relevant economic literature concerning tort law and economics. This book will be of interest to lawyers and economists, practitioners and academics interested in accident law, tort law, insurance and regulation. It will also appeal to students in economic analysis of law and policymakers working on prevention of accidents, tort law or compensation of accident victims.

This book considers the ways in which transboundary environmental pollution can be remedied through a variety of legal instruments. Particular attention is paid to the pollution of the Songhua river in China, but legal remedies to transboundary pollution are also discussed in a broader context. The focus of the book is on international environmental law and international conventions as well as the application of national environmental law in a transboundary legal context. Thus contributions also concentrate on voluntary approaches, the importance of transboundary environmental impact assessment and the application of national criminal law to transboundary pollution.Not only is transboundary pollution discussed from the perspective of international law, but also from that of the application of national law to transboundary pollution, thus centering on private law, administrative law and criminal law. As such, this book will be of great interest to academics, practitioners and students.

The field of disaster law has witnessed a huge surge in interest over the past few years. Building widespread recognition of the shortcomings of legal systems faced with disasters, academics have increasingly turned their attention to exploring how these failings can be addressed. This volume is a carefully selected collection of essays which focus on the legal and economic aspects of disaster law and pays particular attention to the legalities of catastrophes. The editors have brought together seminal papers analysing how disasters, both natural and man-made, could be prevented and investigating the ways in which compensation for such events could be provided.This set of indispensable papers examines such issues through a variety of analytical lenses and provides a solid foundation for future developments in this dynamic and highly topical subject.

This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process. Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment. This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.

This unique book considers competition policy and regulation in light of the recent introduction of the anti-monopoly law in China. It addresses the relevance of competition policy for China from a broad theoretical and practical perspective, bringing together lawyers and economists from China, Europe and the US to provide an integrated law and economics approach. Given that the development of the Chinese anti-monopoly law in China was heavily reliant on a comparative approach, the contributors analyze how its text and practice actually compare to European and US legislation. The first cases in which Chinese anti-monopoly law were applied are explored, and both competition law and competition policy are discussed in detail. Topics include: industrial and professional regulation and their relationship to competition law, merger control, substantive competition law issues, cartels, and abuse of dominance and predation.This unique book will prove a fascinating read for competition lawyers, economists with a special interest in regulation and competition, and for practitioners concerned with competition policy and regulation. Contributors include: L.A. Andres, F.-L. Chen, M. Faure, R. Gilbert, J.L. Guasch, Y. Huang, R. Pardolesi, N. Philipsen, D. Rubinfeld, T. Ulen, R. Van den Bergh, S. Weishaar, D. Yu, L. Yu, V. Zhang, X. Zhang, Z. Zhang

This book sheds new light on the growing issue of using liability as a tool for both preventing and compensating for the damage caused by climate change. Michael Faure and Marjan Peeters have brought together a selection of expert contributors who explore a variety of both national and European perspectives on the topic. Climate change liability is no longer only a theoretical idea since climate change litigation has become so hotly debated and this book examines to what extent it can be used for mitigation and adaptation issues. Chapters discuss the potential role of liability within various legal systems, like the national systems of the USA and The Netherlands, but also EU and ECHR law. Liability is outlined in a broad perspective since not only compensation for damage suffered by plaintiffs is discussed, but also the need for prevention in order to obtain a reduction of greenhouse gases.This well-documented work will be invaluable to law and environmental science students, researchers, lawyers and civil servants.