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Books > Law > Laws of other jurisdictions & general law > Social law > Environment law
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Compensating Catastrophe Victims - A Comparative Law and Economics Approach (Hardcover)
Loot Price: R5,995
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Compensating Catastrophe Victims - A Comparative Law and Economics Approach (Hardcover)
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The scope and frequency of catastrophes, natural or man-made, are
mounting. In 2008, more than 240,500 fatalities were counted, due
to 311 natural catastrophes and man-made disasters. These numbers
are unprecedented. It is to be expected that a mounting number of
victims will look for financial compensation in the aftermath of
future catastrophes. As the author of this ground-breaking book
points out, there are as many sets of compensation mechanisms as
there are countries. In a prodigious move to remedy this situation,
she examines whether it is possible to find a combination of
compensation mechanisms (i.e., a compensation model) that provides
the most comprehensive and efficient financial solution for the
victims of a natural catastrophe, a large-scale terrorist attack,
and/or a man-made disaster - and, if so, what such a program would
look like. In the process she deals exhaustively with such elements
as the following: -the type of victims that disasters can cause;
-safety regulation versus liability law; -insurability of
catastrophes; -compensation funds; -capital market instruments;
-types of government intervention; -defining terrorism for the
purpose of compensation; and -preventive incentives as an element
of efficient compensation. Because economic efficiency is an
unavoidable factor in the compensation of catastrophe victims, the
author relies primarily on a law and economics perspective in order
to find an efficient and comprehensive model that is workable in
practice and that takes into account the legal and cultural
situation in the various countries. Once she has developed this
model, she compares it with actual programs in Belgium, France, the
Netherlands, and the United States of America - countries carefully
chosen to represent a reasonably full variety of possible
solutions. This comparison of real world solutions allows her to
explain why each is inefficient and to define real and necessary
conditions for policy change. This book shows that amelioration of
the current compensation solutions for disaster victims is indeed a
possibility. In a heated yet often poorly informed debate, it
offers clarity and insights regarding the financial compensation
for victims of catastrophes which, in addition to raising academic
interest, are certain to help build a framework for future
policymakers and lawmakers faced with shaping compensation programs
for catastrophe victims.
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