Environmental Liability and Regulation: An Empirical Study of the French Institutional Division of Labour
AbstractReasons for the joint use of ex ante regulation and ex post liability to cope with environmental accidents have been a longstanding issue in law and economics literature. This article, which includes the first empirical study of the French environmental legal system, analyzes courts’ decisions when injurers complied with regulatory standards. The results support a general trend toward a clear division of labour between regulation and liability: when both are jointly used, liability encourages aspects of care that are difficult to regulate, especially human behaviour and organization within dangerous entities. An unexpected effect of liability is observed: judges are more severe with the most regulated firms and public agents compared to smaller, private actors. This might be interpreted as complementing regulation when enforcement of regulatory standards is thought to be weak.
Download InfoTo our knowledge, this item is not available for download. To find whether it is available, there are three options:
1. Check below under "Related research" whether another version of this item is available online.
2. Check on the provider's web page whether it is in fact available.
3. Perform a search for a similarly titled item that would be available.
Bibliographic InfoPaper provided by Aix-Marseille Université, CERGAM in its series CAE Working Papers with number 98.
Length: 26 pages
Date of creation: Apr 2012
Date of revision:
Contact details of provider:
Postal: Clos Guiot Puyricard - CS 30063, 13089 Aix en Provence Cedex 2
Phone: 04 42 28 12 08
Fax: +33 (0)4 42 28 08 00
Web page: http://www.univ-cae.org
More information through EDIRC
Regulation; Liability; Environmental Risk; Institutional Design;
Find related papers by JEL classification:
- K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics
- K32 - Law and Economics - - Other Substantive Areas of Law - - - Environmental, Health, and Safety Law
- K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
- L51 - Industrial Organization - - Regulation and Industrial Policy - - - Economics of Regulation
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- Vera Angelova & Olivier Armantier & Giuseppe Attanasi & Yolande Hiriart, 2013.
"Relative Performance of Liability Rules: Experimental Evidence,"
- Angelova, Vera & Attanasi, Giuseppe & Hiriart, Yolande, 2012. "Relative Performance of Liability Rules: Experimental Evidence," LERNA Working Papers 12.05.362, LERNA, University of Toulouse.
- Vera Angelova & Giuseppe Attanasi & Yolande Hiriart, 2012. "Relative Performance of Liability Rules: Experimental Evidence," Jena Economic Research Papers 2012-012, Friedrich-Schiller-University Jena, Max-Planck-Institute of Economics.
- Angelova, Vera & Attanasi, Giuseppe & Hiriart, Yolande, 2012. "Relative Performance of Liability Rules: Experimental Evidence," TSE Working Papers 12-304, Toulouse School of Economics (TSE), revised Sep 2012.
- Yolande Hiriart & David Martimort & Jerome Pouyet, 2010.
"The Public Management of Risk: Separating Ex Ante and Ex Post Monitors,"
2010.144, Fondazione Eni Enrico Mattei.
- Hiriart, Yolande & Martimort, David & Pouyet, Jerome, 2010. "The public management of risk: Separating ex ante and ex post monitors," Journal of Public Economics, Elsevier, vol. 94(11-12), pages 1008-1019, December.
- Yolande Hiriart & David Martimort & Jérôme Pouyet, 2009. "The public management of risk: Separating ex ante and ex post monitors," PSE Working Papers halshs-00566863, HAL.
- Schmitz, Patrick W., 2000.
"On the joint use of liability and safety regulation,"
International Review of Law and Economics,
Elsevier, vol. 20(3), pages 371-382, September.
- Schmitz, Patrick W., 2000. "On the Joint Use of Liability and Safety Regulation," MPRA Paper 12536, University Library of Munich, Germany.
- Hiriart, Yolande & Martimort, David & Pouyet, Jerome, 2004.
"On the optimal use of ex ante regulation and ex post liability,"
Elsevier, vol. 84(2), pages 231-235, August.
- Hiriart, Yolande & Martimort, David & Pouyet, Jérôme, 2004. "On the Optimal Use of Ex Ante Regulation and Ex Post Liability," IDEI Working Papers 274, Institut d'Économie Industrielle (IDEI), Toulouse.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Mathieu Bédard).
If references are entirely missing, you can add them using this form.