Environmental Regulation and Civil Liability Under Causal Uncertainty: An Empirical Study of the French Legal System
The key question in this paper is to determine whether regulation and regulators information can help solving causal uncertainty problems in liability. A widely held view among Law & Economics scholars is that civil liability alone is not well-suited to cope with environmental accidents, especially where causation is uncertain or costly to establish. Instead of a simple civil liability rule, it is therefore advocated that a regulatory system be implemented combined with a public insurance scheme, or, alternatively, to go for a mix of regulation and civil liability. Such a mix of regulation and civil liability prevails in French law and this article presents an original analysis of French courts decisions concerning cases of environmental accidents for which causation was uncertain and regulators were not able to control for levels of organizational and human care. The dataset covers more than fifty years of trials outcomes from the highest civil and criminal court in France – Cour de Cassation. We found evidence that the regulation/liability mix increases efficiency, the regulation providing a new way to address causal uncertainty at the liability stage. We show that such increase in efficiency is mainly due to a transfer of information from regulators to judges and to the adoption by judges of a probabilistic approach to causation.
To our knowledge, this item is not available for
download. To find whether it is available, there are three
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.
|Date of creation:||Mar 2012|
|Date of revision:|
|Contact details of provider:|| Postal: |
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
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.:
- 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.
- Yolande Hiriart & David Martimort & Jerome Pouyet, 2010. "The Public Management of Risk: Separating Ex Ante and Ex Post Monitors," Working Papers 2010.144, Fondazione Eni Enrico Mattei.
- 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.
- Hiriart, Yolande & Martimort, David & Pouyet, Jerome, 2004. "On the optimal use of ex ante regulation and ex post liability," Economics Letters, Elsevier, vol. 84(2), pages 231-235, August.
- Schmitz, Patrick W., 2000.
"On the Joint Use of Liability and Safety Regulation,"
12536, University Library of Munich, Germany.
- 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.
- 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.
- Vera Angelova & Olivier Armantier & Giuseppe Attanasi & Yolande Hiriart, 2014. "Relative performance of liability rules: experimental evidence," Theory and Decision, Springer, vol. 77(4), pages 531-556, December.
- 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 & Olivier Armantier & Giuseppe Attanasi & Yolande Hiriart, 2013. "Relative Performance of Liability Rules: Experimental Evidence," Working Papers 2013-03, CRESE.
- 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.
- G.G.A. de Geest & G. Dari Mattiacci, 2005. "Soft Regulators, though judges," Working Papers 05-06, Utrecht School of Economics.
- Hutchinson, Emma & van 't Veld, Klaas, 2005. "Extended liability for environmental accidents: what you see is what you get," Journal of Environmental Economics and Management, Elsevier, vol. 49(1), pages 157-173, January.
When requesting a correction, please mention this item's handle: RePEc:cgm:wpaper:97. See general information about how to correct material in RePEc.
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.