Joint Use of Liability and Regulation in Environmental Law

20 Pages Posted: 9 Apr 2017

See all articles by Stephan Michel

Stephan Michel

University of Hamburg - Institute of Law and Economics

Alessandro Romano

Bocconi University - Department of Law; Yale Law School

Ugo Zannini

LUISS Guido Carli University

Date Written: April 5, 2017

Abstract

In this paper, we argue that the joint use of ex-ante regulation and ex-post liability rules is efficient when there are uncertainty surrounding causal investigations and regulatory myopia. As these conditions are generally met in environmental cases, we provide an explanation for the frequent coexistence of these two instruments to control activities that create a risk for the environment. Moreover, we suggest that a joint use of liability and regulation should more frequently be optimal at the European (Federal) level than at the Country (State) level.

Keywords: Regulation, Liability, Joint Use, Precautionary Principle, Causal Uncertainty, Regulatory Myopia

JEL Classification: K13, K32, L50, Q52, Q58

Suggested Citation

Michel, Stephan and Romano, Alessandro and Zannini, Ugo, Joint Use of Liability and Regulation in Environmental Law (April 5, 2017). Available at SSRN: https://ssrn.com/abstract=2946800 or http://dx.doi.org/10.2139/ssrn.2946800

Stephan Michel (Contact Author)

University of Hamburg - Institute of Law and Economics ( email )

Johnsallee 35
Hamburg, 20148
Germany

Alessandro Romano

Bocconi University - Department of Law ( email )

Via Roentgen, 1
Milan, Milan 20136
Italy

Yale Law School ( email )

New Haven, CT
United States

Ugo Zannini

LUISS Guido Carli University ( email )

Via O. Tommasini 1
Rome, Roma 00100
Italy

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