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The Public Management of Environmental Risk: Separating Ex Ante and Ex Post Monitors

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  • Hiriart, Yolande
  • Martimort, David
  • Pouyet, Jérôme

Abstract

When firms undertake activities which are environmentally risky, the divergence between social and private incentives to exert safety care requires public intervention. This control occurs both through ex ante regulation and ex post legal investigation. We delineate the respective scopes of those two kinds of monitoring when regulators and judges may not be benevolent. Separation between the ex ante and the ex post monitors of the firm helps to prevent capture. The likelihood of both ex ante and ex post inspections is higher under separation than under integration. This provides a rationale for the widespread institutional trend that has led to the separation of ex ante regulation from ex post prosecution. The robustness of this result is investigated in various extensions. Only when collusion is self-enforcing might it be possible that integration dominates separation.

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Bibliographic Info

Paper provided by C.E.P.R. Discussion Papers in its series CEPR Discussion Papers with number 4992.

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Date of creation: Apr 2005
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Handle: RePEc:cpr:ceprdp:4992

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Related research

Keywords: environmental risk; exante and ex post investigations; integration and separation; liability; regulation;

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  1. Mookherjee, Dilip & Png, I P L, 1995. "Corruptible Law Enforcers: How Should They Be Compensated?," Economic Journal, Royal Economic Society, vol. 105(428), pages 145-59, January.
  2. Marcel Boyer & Donatella Porrini, 2000. "Law versus Regulation: A Political Economy Model of Instrument Choice in Environmental Policy," CIRANO Working Papers 2000s-57, CIRANO.
  3. Gary S. Becker, 1968. "Crime and Punishment: An Economic Approach," Journal of Political Economy, University of Chicago Press, vol. 76, pages 169.
  4. Laffont, Jean-Jacques, 2000. "Incentives and Political Economy," OUP Catalogue, Oxford University Press, number 9780198294245.
  5. Faure-Grimaud, Antoine & Martimort, David, 2003. " Regulatory Inertia," RAND Journal of Economics, The RAND Corporation, vol. 34(3), pages 413-37, Autumn.
  6. Laffont, Jean-Jacques & Martimort, David, 1998. "Transaction costs, institutional design and the separation of powers," European Economic Review, Elsevier, vol. 42(3-5), pages 673-684, May.
  7. 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.
  8. Marcel Boyer & Donatella Porrini, 2002. "Modeling the Choice Between Regulation and Liability in Terms of Social Welfare," CIRANO Working Papers 2002s-13, CIRANO.
  9. Ewerhart, Christian & Schmitz, Patrick W., 1998. "Ex Post Liability for Harm vs. Ex Ante Safety Regulation: Substitutes or Complements? Comment," MPRA Paper 13448, University Library of Munich, Germany.
  10. Jean-Jacques Laffont & Jean Tirole, 1993. "A Theory of Incentives in Procurement and Regulation," MIT Press Books, The MIT Press, edition 1, volume 1, number 0262121743, January.
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Citations

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Cited by:
  1. HIRIART Yolande & MARTIMORT David, 2006. "The Benefits of Extended Liability," LERNA Working Papers 06.28.221, LERNA, University of Toulouse.
  2. HIRIART Yolande & MARTIMORT David & POUYET Jerome, 2006. "The Regulator and the Judge: The Optimal Mix in The Control of Environmental Risk," LERNA Working Papers 06.27.220, LERNA, University of Toulouse.
  3. Angelova, Vera & Attanasi, Giuseppe & Hiriart, Yolande, 2012. "Relative Performance of Liability Rules: Experimental Evidence," LERNA Working Papers 12.05.362, LERNA, University of Toulouse.

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