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Author: Cass R. Sunstein
Publisher: Cambridge University Press
ISBN: 9780521016254
Category : Business & Economics
Languages : en
Pages : 362
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Book Description
Publisher Description
Author: Cass R. Sunstein
Publisher: Cambridge University Press
ISBN: 9780521016254
Category : Business & Economics
Languages : en
Pages : 362
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Book Description
Publisher Description
Author: Lucas Bergkamp
Publisher: BRILL
ISBN: 900447904X
Category : Law
Languages : en
Pages : 734
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Book Description
Liability and Environment analyzes the role of law, in particular civil liability, in controlling environmental pollution and risk. In modern environmental policy, liability has become a popular instrument. In this book, Prof. Bergkamp takes a fresh look at civil liability for environmental harm in an inter- and transnational context. Over the last decade, industry's liability exposure for environmental harm has expanded significantly. At the international, EC, and national level proposals for onerous strict environmental liability regimes are pending. The `polluter pays principle', which is an articulation of the `cost internalization' theory in the environmental area, is believed to justify such liability regimes. Applying an instrumental approach to legal instruments, Prof. Bergkamp aims to redefine the role of liability in the heavily regulated environmental area. He shows that liability for environmental harm is not justified by the polluter pays principle, is an uncertain and unreliable instrument for achieving prevention, results in an inefficient insurance scheme, and plays a dubious role in adjusting activity levels. Based on an analysis of the basic characteristics of alternative legal instruments, Prof. Bergkamp concludes that civil liability should play a more modest, limited role in an environmental law system dominated by public law. Where deterrence is not the objective, first party insurance, compensation funds, or other public law regimes should be preferred over liability rules. In addition to civil liability of private parties, Liability and Environment discusses State liability under international, EC, and national law. Under international law, breach of a primary obligation triggers a State's liability. Prof. Bergkamp argues that this rule should be applied also to liability of private parties. In the environmental area, a business' primary obligations are spelled out in detailed permit conditions, regulations, and statutes. According to Prof. Bergkamp, only if a primary obligation is breached, a private person should be liable for environmental harm. The system that Bergkamp advocates is an objective fault liability regime, in which public environmental law defines the standard of care for both government and industry. "In rebuilding our civil liability system, we should keep in mind that what is good for industry should be good for everyone (or it is not good for anyone), we should keep in mind that what is good for private parties should be good for the state (or it is not good for either). In rebuilding our civil liability system, the international law of State responsibility, which is unpolluted by risk spreading and activity level considerations, will guide us a long way." This book is aimed at advanced law students, academic scholars, and practitioners. In addition, it will be of interest to policy and legislative analysts, legislators, and government officials. Professor Bergkamp's book cannot be described as "solving" the problems of legal and regulatory control of environmental harm, whether within a nation or internationally. As suggested before, however, the very idea of a "solution" is illusory. All legal and regulatory regimes around the world are today and will remain for the future in a state of perpetually continuing development. The virtue of this fine book is that it moves the process of that development forward by a very substantial measure. from the Foreword by George L. Priest.
Author: W. Kip Viscusi
Publisher: Springer Science & Business Media
ISBN: 9780792394457
Category : Business & Economics
Languages : en
Pages : 134
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Book Description
Regulations to promote health and safety may be costly relative to the expected health and safety benefits, and may actually have negative effects on health and safety. These negative effects, or costs, may be due to reduced private spending on health and safety, moral hazard, or the creation of new risks. This volume considers the use of costs--benefit analysis, risk--risk analysis, and health--health analysis to determine the mortality cost associated with regulatory expenditures.
Author: James Hamilton
Publisher: MIT Press
ISBN: 9780262082785
Category : Business & Economics
Languages : en
Pages : 358
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Book Description
"By matching agency decision data to detailed census information using geographic information systems (GIS) technology, the authors show that most hazardous waste sites do not pose sufficient risk to merit the most stringent cleanup options. Those sites that do pose considerable risk to exposed populations often receive inadequate attention, because government decisions to target cleanups are based more on political factors than on actual risks. The authors propose policy reforms that could significantly reduce cleanup costs without sacrificing the protection of human health."--BOOK JACKET.
Author: United States. Presidential/Congressional Commission on Risk Assessment and Risk Management
Publisher:
ISBN:
Category : Administrative agencies
Languages : en
Pages : 76
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 430
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Book Description
Author: Gail Charnley
Publisher: DIANE Publishing
ISBN: 9780788127755
Category : Business & Economics
Languages : en
Pages : 74
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Author: Lina Svedin
Publisher: IAP
ISBN: 168123095X
Category : Business & Economics
Languages : en
Pages : 205
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Book Description
The underlying rationale for this book is to present research that a) highlights the explosively political and deeply divisive issues involved in managing risk and b) address the empirical deficit and theoretical challenges related to managing societal risk ethically. Extant risk management research borrows heavily from engineering, systems theory and business management, and is primarily focused on probabilities, modeling, and abstractions of the value of mitigative action. This research engenders a false sense of objectivity and it de-politicizes fundamental political and democratic questions about the allocation of society’s scarce resources and about the balance of responsibilities between governing institutions and individuals with regard to risk. The quantitative and hard-science focus on risk also keeps a discussion of the consequences of the distribution of risk, resources and responsibilities for real people out of the lime light. The contributors to this book are experts in a wide range of academic fields and in this book they take on the challenge of examining their core research with a specific ethics perspective. They explore the ethics of risk management using theory, cases and data from a range of policy areas, countries and philosophical traditions. This book should be of interest to scholars and practitioners working in fields that deal either implicitly or explicitly with risk. This would include, but is not limited to, scholars and students of public management, public sector ethics, public policy, risk regulation, and risk management. The book deals directly with core problems of management in the public sector, value-conflicts, multiple principals and stakeholders, as well as information analysis and the application of sound and valid decision-making processes. The book can be adopted as a core text for graduate courses in public management, public policy, public administration ethics, and comparative politics. It would also work well as an applied theory text in comparative politics; ethics centered courses in political science, as well as more narrowly focused courses on risk, crisis and disaster management. For the practitioner audience, this book pin-points the ethical stakes, the analytical and managerial challenges, and the necessary tools to meet the many risks that societies face. This book, Ethics and Risk Management, provides a unique take on the realities of cost-benefit analysis, efforts to control and regulate risk and risky behavior, as well as the decidedly bounded rationality with which we, as decision-makers and citizens, perceive and take risks. The work of identifying, understanding, prioritizing and designing effective tools to mitigate and manage risk is an inherently analytical and strategic process best suited to take place before and between crises. Successful risk analysis and management reduces the general occurrence of crises, while the ethical analysis and management of risk serves to reduce the likelihood of subsequent socio-political turmoil should a crisis occur. Thus, the investment that any practitioner makes in risk management has the potential to yield both social and political benefits if the analysis and work is done with an eye toward ethics and stakeholder analysis.
Author: United States. Congress. House. Committee on Science and Technology. Subcommittee on Investigations and Oversight
Publisher:
ISBN:
Category : Administrative regulation drafting
Languages : en
Pages : 392
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Book Description
Author: Lucas Bergkamp
Publisher: Intersentia nv
ISBN: 9050952291
Category : Commercial law
Languages : en
Pages : 777
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Book Description
The European Community (EC) has embarked on an ambitious legislative program for the new economy. In European Community Law for the New Economy professor Lucas Bergkamp analyzes the EC's current and proposed new economy legislation. The new economy, according to Bergkamp, is not only the internet, the information society, and biotechnology, but also a different kind of "old" economy, a different kind of corporate governance, and a different kind of government. Accordingly, in addition to the EC e-commerce, data protection, and biotechnology legislation, this book discusses also the grand principles of EC policy making (such as sustainable development and the precautionary principle), the theory of corporate social responsibility, and EC government reform. With its wide-ranging, insightful, and engaging analyses, and devoid of obliquity, EC Law for the New Economy is a unique publication. This book must be read by everybody who wants to gain a deeper understanding of the effects of EC legislation, the root causes of regulatory failures, and possible solutions to these problems. It is of interest to lawyers, politicians, policy makers, government officials, political scientists, advanced students and autodidacts. Lucas Bergkamp is a lawyer at the Brussels Bar and Professor of International Liability Law, Erasmus University Rotterdam - The Netherlands.
