Tort and Insurance Law, vol. 22Willem H. van Boom/ Michael G. Faure (eds.)
Shifts in Compensation between
Private and Public Systems

Tort and Insurance Law, vol. 22

originally published with Springer (Vienna/New York); now available at Verlag Österreich (Vienna)
246 p. ISBN 978-3-211-71553-6

Language: English


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In many countries, various shifts have taken place between private and public funding regarding environmental damage compensation. This book deals with these shifts. It critically presents shifts in this domain theoretically with many supporting practical examples. Normally, victims of environmental damage had to seek relief via private legal mechanisms. In many systems a shift towards public oriented compensation has occurred. This is clear in areas such as international oil pollution and nuclear damage. This book describes and critically discusses shifts in private and public compensation mechanisms, with empirical data and economic analyses of the effectiveness of the international oil pollution fund's capacity to compensate oil pollution victims. It also describes shifts in some national legal systems towards greater government involvement as well as within specific private legal systems.
 

 
 
Contents and Contributors
W. H. van Boom, M. G. Faure: Introducing "Shifts in Compensation Between Private and Public Systems"

Part I: General
A. Ogus: Shifts in Governance for Compensation to Damage: A Framework for Analysis
K. Oliphant: Landmarks of No-Fault in the Common Law
K. De Smedt: Shifts in Compensation for Environmental Damage: From Member States to Europe
G. Wagner: (Un)insurability and the Choice between Market Insurance and Public Compensation Systems

Part II: Medical mishaps
R. Cascao, R. Hendrickx: Shifts in Compensation of Medical Adverse Events
W. H. van Boom, A. Pinna: Shifts from Liability to Solidarity: The Example of Compensation of Birth Defects

Part III: Disasters
J. Van Langendonck: International Social Insurance for Natural Disasters?
O. Moréteau: Policing the Compensation of Victims of Catastrophes: Combining Solidarity and Self-Responsibility
O. Moréteau: Policing the Compensation of Victims of Catastrophes: Combining Solidarity and Self-Responsibility
W. H. van Boom, M. G. Faure: Concluding Remarks