Search results for ""author michael faure""

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.

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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.

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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

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This book provides a compelling view of the emerging system of environmental law in Indonesia, the world's fourth most populous country and one of its most rapidly developing. Whilst Indonesia owes its legal traditions to Dutch civil law, a vibrant community of Indonesian environmental law scholars, many of whom are represented in this volume, has helped forge distinctive approaches to environmental regulation. With contributions also by leading European scholars, this is a significant addition to the existing literature on comparative studies in environmental law.'- Rob Fowler, IUCN Academy of Environmental Law'In Regulating Disasters, Climate Change and Environmental Harm Michael Faure and Andri Wibisana bring together insightful analyses of how developing countries can manage serious hazards. Natural disasters have long been threats to developing countries, but now climate change is increasing many risks and posing new challenges. Using Indonesia as a case study, the volume explores issues of risk mitigation and compensation that many other countries also face.'- Daniel Farber, University of California, BerkeleyThis 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

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This book asks whether environmental law and policy in developed countries can be successfully transferred to developing countries. It questions whether developing countries are indeed ready and able to implement new ideas from the developed world, such as the integration of environmental law, and use of market-oriented instruments. The authors draw insights from the case of Indonesia, where they have experience of drafting environmental legislation, and which is itself in the early stages of development. Through these insights they seek to understand why environmental law that has been well developed in theory, can in practice be difficult to monitor and adequately enforce. Indeed, a further question central to the book is why developing environmental law does not necessarily result in an efficient environmental policy. Taking a comparative perspective, and using a multi-faceted methodology that draws on constitutional and administrative law, human rights law, criminal and liability law and international law, as well as law and economics, the authors conclude with an outline of some of the lessons that can be learnt by other jurisdictions seeking to develop environmental law.Lawyers, environmental engineers and social scientists involved in environmental law and policy in developing countries will find much to interest them in this book, as will those concerned with development studies or with a particular interest in the case of Indonesia.

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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.

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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.

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Although many books focus on law and economics, and environmental economics, this is one of the first to combine the two topics in a fully integrated and comprehensive manner. The authors successfully bridge the gap between the disciplines of environmental law and traditional economics in a lucid and highly accessible style.The Economic Analysis of Environmental Policy and Law covers many of the recent advances in the field and attempts to integrate some of the most crucial legal and economic instruments which, in the authors' view, have not yet been subjected to proper analysis. These include zoning, expropriation, licensing, third party liability, safety regulation, mandatory insurance and criminal sanctions. The authors pay particular attention to the interrelationships of these instruments and their various economic effects. Using a comparative law and economics methodology, they are also able to incorporate environmental law with international policy and investigate the many diverse rules of the legal system and their implementation in different countries. Crucially, the authors do not consider economics as the exclusive determinant in legal rule-making. They also highlight the need for ethical considerations and illustrate the potential limitations of pure economic analysis.The book assumes no prior knowledge of economics and will prove informative and rewarding for students of law and the social and natural sciences, especially those with an interest in environmental policy. With an extensive reference list and detailed notes on further reading material, this book will also serve as a stimulating introduction to the discipline of law and economics for environmental, political and legal practitioners.

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Although many books focus on law and economics, and environmental economics, this is one of the first to combine the two topics in a fully integrated and comprehensive manner. The authors successfully bridge the gap between the disciplines of environmental law and traditional economics in a lucid and highly accessible style.The Economic Analysis of Environmental Policy and Law covers many of the recent advances in the field and attempts to integrate some of the most crucial legal and economic instruments which, in the authors' view, have not yet been subjected to proper analysis. These include zoning, expropriation, licensing, third party liability, safety regulation, mandatory insurance and criminal sanctions. The authors pay particular attention to the interrelationships of these instruments and their various economic effects. Using a comparative law and economics methodology, they are also able to incorporate environmental law with international policy and investigate the many diverse rules of the legal system and their implementation in different countries. Crucially, the authors do not consider economics as the exclusive determinant in legal rule-making. They also highlight the need for ethical considerations and illustrate the potential limitations of pure economic analysis.The book assumes no prior knowledge of economics and will prove informative and rewarding for students of law and the social and natural sciences, especially those with an interest in environmental policy. With an extensive reference list and detailed notes on further reading material, this book will also serve as a stimulating introduction to the discipline of law and economics for environmental, political and legal practitioners.

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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.

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For some time now, environmental enforcement networks have been part of the very fabric of environmental law. Yet, academic research has somewhat neglected them. This book is a game-changer. It shows just how 'smart' enforcement networks have become, and indeed need to be, in the never-ending struggle for effectiveness of environmental protection: they operate horizontally or vertically, locally and globally, top-down and bottom-up, often through citizens engagement and always in search for greater effectiveness. The book's contributions from a wide range of environmental scholars and professionals give the impression of a fascinating new development, i.e. the increasing role of civil society in global environmental governance.'- Klaus Bosselmann, University of Auckland, New Zealand'This book is a fascinating and original study of a little known phenomenon of environmental enforcement networks. In 26 chapters of this volume the reader is presented with ample examples of environmental enforcement networks in the world. The editors of this book achieved a great success in presenting this question in almost all continents. The contributing authors of this book, theorists and practitioners, present an in-depth overview of the role of networks in compliance with environmental obligations. It is a very well-informed and honest book, from which a very complex picture of enforcement networks emerges. This volume is one of the most important and indispensable contributions to understanding the problem of the enforcement of environmental law in general.'- Malgosia Fitzmaurice, Queen Mary University of London, UKCompliance 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

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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.

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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.

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