LEXISNEXIS SUMMARY: ... Incorporating the precautionary principle into liability thus means that ... more LEXISNEXIS SUMMARY: ... Incorporating the precautionary principle into liability thus means that despite current uncertainties concerning some impacts of GMOs, GM operators will be held liable if these effects materialize and their GM products turn out to be harmful. ... In this ...
This contribution focuses on the governance of industrial accidents and occupational diseases. Pr... more This contribution focuses on the governance of industrial accidents and occupational diseases. Prevention of work-related accidents and diseases and compensation of employee-victims can be the subject of public regulation, such as OHS regulation and social security. However, also private actors may be involved in the regulation of work-related accidents, especially when compensation of damage caused by work-related risks is not (sufficiently) covered by public regulation. These private actors include representatives of employers and employees, but may also include private insurers. In some jurisdictions liability insurers provide supplementary cover for OHS risks and policy-makers often expect that the monitoring by liability insurers will increase safety at work. The main research question addressed in this paper is whether insurers (and more particularly insurers of employers’ liability) are indeed able to contribute to safety at work. Taking a law and economics perspective, we ex...
While agents have been active in the sporting field since the late 1800s, sports agents and their... more While agents have been active in the sporting field since the late 1800s, sports agents and their activities have grown in prominence only in more recent times, particularly as a result of typically adverse headlines. Agents are generally considered to be necessary (or some might say a necessary evil) for the sporting industry, in the representation of sportsmen and women, the consultation of sports clubs and franchises, or the facilitation of employment contracts and transfer deals. In contrast to players and clubs (not to mention sports federations and governing bodies), however, sports agents are not engaged in sporting endeavour. Rather, the essence of their role is an economic one for the provision of services. This peripheral position of sports agents implies that their interests are likely to be quite different from those of other stakeholders in the sports industry – but it also gives rise to a significant regulatory conundrum. This conundrum has become especially apparent i...
An economic approach to the question whether harmonisation of the conditions of competition, in p... more An economic approach to the question whether harmonisation of the conditions of competition, in particular environmental standards, is necessary to achieve market integration; the impact of the subsidiarity principle on answering the question; the rationales for European environmental measures; criteria for centralisation of environmental issues -trans boundary considerations, the "race for the bottom" and whether lower environmental standards in fact attract industrial investment or encourage relocation, the reduction of transaction costs, and the concept of "European heritage"; consequences for environmental standard-setting: harmonised target standards but differentiated emission limit values according to local circumstances. Conclusion that there is no support for the view that conditions of competition should be harmonised to achieve market integration, but that a balanced answer in respect of which subjects should be regulated centrally and which locally, b...
Insurance transfers and spreads risk, including climate change risk. It can provide direct financ... more Insurance transfers and spreads risk, including climate change risk. It can provide direct financial protection to those affected by climate change. It has received attention for its regulatory function in influencing policyholder behaviour. This is sometimes called ‘insurance as governance’, a form of private contractual regulation. This article examines the functions and limits of insurance in climate-related compensation and in governing complex climate-related risks by describing the variable performance of such insurance schemes in China. We show that insurance can perform a useful regulatory function in adaptation to climate change. However, we equally make clear that insurance can play this role only if an appropriate regulatory framework is provided. The case of China illustrates how the very lack of such a regulatory framework limits the role that insurers can play in climate change adaptation.
The domain of behavioural law and economics is winning increasing attention also in the field of ... more The domain of behavioural law and economics is winning increasing attention also in the field of consumer policy. How the insights of behavioural law and economics can be used in policy remains, to a large extent, unclear. In this article, the following question is asked: “To what extent can the insights from the behavioural literature be applied in a way to formulate concrete suggestions to policy makers? ” The authors show that many of the findings of the behavioural literature are very context-specific and hence apply only with respect to particular products or services and particular consumer groups. Formulating general policy conclusions is therefore difficult. However, as far as the specific domain of standard form contracts is concerned, the authors argue that the behavioural literature has shown that the traditional remedy (mostly resulting from information economics), being to focus on information disclosure will not be able to remedy market failures resulting from failing ...
People interested in the research are advised to contact the author for the final version of the ... more People interested in the research are advised to contact the author for the final version of the publication, or visit the DOI to the publisher's website. • The final author version and the galley proof are versions of the publication after peer review. • The final published version features the final layout of the paper including the volume, issue and page numbers. Link to publication General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal. If the publication is distributed under the terms of Article 25fa of the Dutch Copyright Act, indicated by the "Taverne" license above, please follow below link for the End User Agreement:
People interested in the research are advised to contact the author for the final version of the ... more People interested in the research are advised to contact the author for the final version of the publication, or visit the DOI to the publisher's website. • The final author version and the galley proof are versions of the publication after peer review. • The final published version features the final layout of the paper including the volume, issue and page numbers. Link to publication General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal. If the publication is distributed under the terms of Article 25fa of the Dutch Copyright Act, indicated by the "Taverne" license above, please follow below link for the End User Agreement:
International Environmental Agreements: Politics, Law and Economics, 2020
Green buildings can play a role in helping countries meet their commitments under the Paris Agree... more Green buildings can play a role in helping countries meet their commitments under the Paris Agreement on Climate Change. Green building can provide an important contribution to sustainability, for example, by improving energy efficiency, by improving indoor air quality, and by effective waste treatment. In practice, we see that there is an increasing interest in various forms of green building. However, the existing literature has not identified the role of law in promoting green building. It is, moreover, striking that green building has taken off in a rather impressive manner in China. Although generally there are still huge environmental problems with which China is confronted, for many years already China has been engaged in green building. This paper wants to examine what explains the relative success of green building in China; What specific legal instruments can be used to promote green building; and what lessons can be drawn more generally from experience in China? The paper...
People interested in the research are advised to contact the author for the final version of the ... more People interested in the research are advised to contact the author for the final version of the publication, or visit the DOI to the publisher's website. • The final author version and the galley proof are versions of the publication after peer review. • The final published version features the final layout of the paper including the volume, issue and page numbers. Link to publication General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal. If the publication is distributed under the terms of Article 25fa of the Dutch Copyright Act, indicated by the "Taverne" license above, please follow below link for the End User Agreement:
This article examines the international legitimacy of unilateral dam development in an internatio... more This article examines the international legitimacy of unilateral dam development in an international watercourse from the perspective of international water law. Drawing upon technical analysis over the Harirud River Basin, the article discusses probable negative impacts of unilateral dam development in Afghanistan on downstream Iran and Turkmenistan. Competing claims are analyzed to assess emerging transboundary damage under customary international water law. Applying these insights to the case study, this article explores how legal norms and principles can contribute to transboundary water cooperation. It investigates how equitable and reasonable utilization, as required by the United Nations Watercourse Convention, could be reached and whether current activities are in conformity with international norms. Based on this analysis and in the light of international customary law, the article questions the compatibility of unilateral control and capture of water resources in Afghanist...
Traditionally in the division of labor between the European level and the Member States it was, r... more Traditionally in the division of labor between the European level and the Member States it was, roughly, the European legislature that set the norms and the Member States that took care of enforcing these norms. In various policy areas, an implementation deficit has been observed, which is said to be partly due to the Member States facing difficulties with the choice of procedural options. For that reason, among others, the European legislature increasingly prescribes the enforcement approach to the Member States to back up national legislation that implements European law. This Article examines the incoherence of the EU's approach to law enforcement in the areas of consumer, competition, environmental, and insider trading laws. After setting out the EU's legal competences with a view to law enforcement, the rather diverse picture—mixes—of private, administrative, and criminal law enforcement in the four areas will be illustrated. The authors then ask the question of whether...
The Geneva Papers on Risk and Insurance - Issues and Practice, 1998
Jacques Siegers and the participants in the joint conference between the EALE and the Geneva Asso... more Jacques Siegers and the participants in the joint conference between the EALE and the Geneva Association for useful comments on an earlier draft of this paper and to Cees Karregat for useful research assistance.
People interested in the research are advised to contact the author for the final version of the ... more People interested in the research are advised to contact the author for the final version of the publication, or visit the DOI to the publisher's website. • The final author version and the galley proof are versions of the publication after peer review. • The final published version features the final layout of the paper including the volume, issue and page numbers. Link to publication General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal. If the publication is distributed under the terms of Article 25fa of the Dutch Copyright Act, indicated by the "Taverne" license above, please follow below link for the End User Agreement:
The Geneva Papers on Risk and Insurance - Issues and Practice, 1992
We thank Mr. Johannes C. Oudijk and an anonymus referee for useful comments on an earlier draft o... more We thank Mr. Johannes C. Oudijk and an anonymus referee for useful comments on an earlier draft of this paper.
People interested in the research are advised to contact the author for the final version of the ... more People interested in the research are advised to contact the author for the final version of the publication, or visit the DOI to the publisher's website. • The final author version and the galley proof are versions of the publication after peer review. • The final published version features the final layout of the paper including the volume, issue and page numbers. Link to publication General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal. If the publication is distributed under the terms of Article 25fa of the Dutch Copyright Act, indicated by the "Taverne" license above, please follow below link for the End User Agreement:
The Chinese Anti-Monopoly Law: New Developments and Empirical Evidence (New Horizons in Competiti... more The Chinese Anti-Monopoly Law: New Developments and Empirical Evidence (New Horizons in Competition Law and Economics series) Michael Faure, Xinzhu Zhang 'This excellent collection of papers by scholars from China, Europe, the US and around the world, examines the coming of age of the Chinese Anti-Monopoly Law through prisms of law and economics and comparative law and policy. Treating critical subjects including case analysis, private enforcement, administrative monopoly, and sectoral regulation and reform, the book is an invaluable guide to an understanding of the dynamic and possibilities of the Chinese law.'-Eleanor Fox, New York University School of Law, US This book focuses on experiences with the Anti-Monopoly Law (AML) of 2007 in China. It uses carefullychosen case studies to examine how the competition authorities in China discuss cases and how they use economic reasoning in their decision-making process. Bringing together comparative perspectives, the expert contributors discuss the practice of the Anti-Monopoly Law in China from the viewpoints of European and American competition policy. Several very current topics are given specific attention, including enforcement, the role of the state, how to define the relevant market and how to apply the AML to regulated industries. The book also indicates the scope for mutual learning on how to improve the AML.
LEXISNEXIS SUMMARY: ... Incorporating the precautionary principle into liability thus means that ... more LEXISNEXIS SUMMARY: ... Incorporating the precautionary principle into liability thus means that despite current uncertainties concerning some impacts of GMOs, GM operators will be held liable if these effects materialize and their GM products turn out to be harmful. ... In this ...
This contribution focuses on the governance of industrial accidents and occupational diseases. Pr... more This contribution focuses on the governance of industrial accidents and occupational diseases. Prevention of work-related accidents and diseases and compensation of employee-victims can be the subject of public regulation, such as OHS regulation and social security. However, also private actors may be involved in the regulation of work-related accidents, especially when compensation of damage caused by work-related risks is not (sufficiently) covered by public regulation. These private actors include representatives of employers and employees, but may also include private insurers. In some jurisdictions liability insurers provide supplementary cover for OHS risks and policy-makers often expect that the monitoring by liability insurers will increase safety at work. The main research question addressed in this paper is whether insurers (and more particularly insurers of employers’ liability) are indeed able to contribute to safety at work. Taking a law and economics perspective, we ex...
While agents have been active in the sporting field since the late 1800s, sports agents and their... more While agents have been active in the sporting field since the late 1800s, sports agents and their activities have grown in prominence only in more recent times, particularly as a result of typically adverse headlines. Agents are generally considered to be necessary (or some might say a necessary evil) for the sporting industry, in the representation of sportsmen and women, the consultation of sports clubs and franchises, or the facilitation of employment contracts and transfer deals. In contrast to players and clubs (not to mention sports federations and governing bodies), however, sports agents are not engaged in sporting endeavour. Rather, the essence of their role is an economic one for the provision of services. This peripheral position of sports agents implies that their interests are likely to be quite different from those of other stakeholders in the sports industry – but it also gives rise to a significant regulatory conundrum. This conundrum has become especially apparent i...
An economic approach to the question whether harmonisation of the conditions of competition, in p... more An economic approach to the question whether harmonisation of the conditions of competition, in particular environmental standards, is necessary to achieve market integration; the impact of the subsidiarity principle on answering the question; the rationales for European environmental measures; criteria for centralisation of environmental issues -trans boundary considerations, the "race for the bottom" and whether lower environmental standards in fact attract industrial investment or encourage relocation, the reduction of transaction costs, and the concept of "European heritage"; consequences for environmental standard-setting: harmonised target standards but differentiated emission limit values according to local circumstances. Conclusion that there is no support for the view that conditions of competition should be harmonised to achieve market integration, but that a balanced answer in respect of which subjects should be regulated centrally and which locally, b...
Insurance transfers and spreads risk, including climate change risk. It can provide direct financ... more Insurance transfers and spreads risk, including climate change risk. It can provide direct financial protection to those affected by climate change. It has received attention for its regulatory function in influencing policyholder behaviour. This is sometimes called ‘insurance as governance’, a form of private contractual regulation. This article examines the functions and limits of insurance in climate-related compensation and in governing complex climate-related risks by describing the variable performance of such insurance schemes in China. We show that insurance can perform a useful regulatory function in adaptation to climate change. However, we equally make clear that insurance can play this role only if an appropriate regulatory framework is provided. The case of China illustrates how the very lack of such a regulatory framework limits the role that insurers can play in climate change adaptation.
The domain of behavioural law and economics is winning increasing attention also in the field of ... more The domain of behavioural law and economics is winning increasing attention also in the field of consumer policy. How the insights of behavioural law and economics can be used in policy remains, to a large extent, unclear. In this article, the following question is asked: “To what extent can the insights from the behavioural literature be applied in a way to formulate concrete suggestions to policy makers? ” The authors show that many of the findings of the behavioural literature are very context-specific and hence apply only with respect to particular products or services and particular consumer groups. Formulating general policy conclusions is therefore difficult. However, as far as the specific domain of standard form contracts is concerned, the authors argue that the behavioural literature has shown that the traditional remedy (mostly resulting from information economics), being to focus on information disclosure will not be able to remedy market failures resulting from failing ...
People interested in the research are advised to contact the author for the final version of the ... more People interested in the research are advised to contact the author for the final version of the publication, or visit the DOI to the publisher's website. • The final author version and the galley proof are versions of the publication after peer review. • The final published version features the final layout of the paper including the volume, issue and page numbers. Link to publication General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal. If the publication is distributed under the terms of Article 25fa of the Dutch Copyright Act, indicated by the "Taverne" license above, please follow below link for the End User Agreement:
People interested in the research are advised to contact the author for the final version of the ... more People interested in the research are advised to contact the author for the final version of the publication, or visit the DOI to the publisher's website. • The final author version and the galley proof are versions of the publication after peer review. • The final published version features the final layout of the paper including the volume, issue and page numbers. Link to publication General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal. If the publication is distributed under the terms of Article 25fa of the Dutch Copyright Act, indicated by the "Taverne" license above, please follow below link for the End User Agreement:
International Environmental Agreements: Politics, Law and Economics, 2020
Green buildings can play a role in helping countries meet their commitments under the Paris Agree... more Green buildings can play a role in helping countries meet their commitments under the Paris Agreement on Climate Change. Green building can provide an important contribution to sustainability, for example, by improving energy efficiency, by improving indoor air quality, and by effective waste treatment. In practice, we see that there is an increasing interest in various forms of green building. However, the existing literature has not identified the role of law in promoting green building. It is, moreover, striking that green building has taken off in a rather impressive manner in China. Although generally there are still huge environmental problems with which China is confronted, for many years already China has been engaged in green building. This paper wants to examine what explains the relative success of green building in China; What specific legal instruments can be used to promote green building; and what lessons can be drawn more generally from experience in China? The paper...
People interested in the research are advised to contact the author for the final version of the ... more People interested in the research are advised to contact the author for the final version of the publication, or visit the DOI to the publisher's website. • The final author version and the galley proof are versions of the publication after peer review. • The final published version features the final layout of the paper including the volume, issue and page numbers. Link to publication General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal. If the publication is distributed under the terms of Article 25fa of the Dutch Copyright Act, indicated by the "Taverne" license above, please follow below link for the End User Agreement:
This article examines the international legitimacy of unilateral dam development in an internatio... more This article examines the international legitimacy of unilateral dam development in an international watercourse from the perspective of international water law. Drawing upon technical analysis over the Harirud River Basin, the article discusses probable negative impacts of unilateral dam development in Afghanistan on downstream Iran and Turkmenistan. Competing claims are analyzed to assess emerging transboundary damage under customary international water law. Applying these insights to the case study, this article explores how legal norms and principles can contribute to transboundary water cooperation. It investigates how equitable and reasonable utilization, as required by the United Nations Watercourse Convention, could be reached and whether current activities are in conformity with international norms. Based on this analysis and in the light of international customary law, the article questions the compatibility of unilateral control and capture of water resources in Afghanist...
Traditionally in the division of labor between the European level and the Member States it was, r... more Traditionally in the division of labor between the European level and the Member States it was, roughly, the European legislature that set the norms and the Member States that took care of enforcing these norms. In various policy areas, an implementation deficit has been observed, which is said to be partly due to the Member States facing difficulties with the choice of procedural options. For that reason, among others, the European legislature increasingly prescribes the enforcement approach to the Member States to back up national legislation that implements European law. This Article examines the incoherence of the EU's approach to law enforcement in the areas of consumer, competition, environmental, and insider trading laws. After setting out the EU's legal competences with a view to law enforcement, the rather diverse picture—mixes—of private, administrative, and criminal law enforcement in the four areas will be illustrated. The authors then ask the question of whether...
The Geneva Papers on Risk and Insurance - Issues and Practice, 1998
Jacques Siegers and the participants in the joint conference between the EALE and the Geneva Asso... more Jacques Siegers and the participants in the joint conference between the EALE and the Geneva Association for useful comments on an earlier draft of this paper and to Cees Karregat for useful research assistance.
People interested in the research are advised to contact the author for the final version of the ... more People interested in the research are advised to contact the author for the final version of the publication, or visit the DOI to the publisher's website. • The final author version and the galley proof are versions of the publication after peer review. • The final published version features the final layout of the paper including the volume, issue and page numbers. Link to publication General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal. If the publication is distributed under the terms of Article 25fa of the Dutch Copyright Act, indicated by the "Taverne" license above, please follow below link for the End User Agreement:
The Geneva Papers on Risk and Insurance - Issues and Practice, 1992
We thank Mr. Johannes C. Oudijk and an anonymus referee for useful comments on an earlier draft o... more We thank Mr. Johannes C. Oudijk and an anonymus referee for useful comments on an earlier draft of this paper.
People interested in the research are advised to contact the author for the final version of the ... more People interested in the research are advised to contact the author for the final version of the publication, or visit the DOI to the publisher's website. • The final author version and the galley proof are versions of the publication after peer review. • The final published version features the final layout of the paper including the volume, issue and page numbers. Link to publication General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal. If the publication is distributed under the terms of Article 25fa of the Dutch Copyright Act, indicated by the "Taverne" license above, please follow below link for the End User Agreement:
The Chinese Anti-Monopoly Law: New Developments and Empirical Evidence (New Horizons in Competiti... more The Chinese Anti-Monopoly Law: New Developments and Empirical Evidence (New Horizons in Competition Law and Economics series) Michael Faure, Xinzhu Zhang 'This excellent collection of papers by scholars from China, Europe, the US and around the world, examines the coming of age of the Chinese Anti-Monopoly Law through prisms of law and economics and comparative law and policy. Treating critical subjects including case analysis, private enforcement, administrative monopoly, and sectoral regulation and reform, the book is an invaluable guide to an understanding of the dynamic and possibilities of the Chinese law.'-Eleanor Fox, New York University School of Law, US This book focuses on experiences with the Anti-Monopoly Law (AML) of 2007 in China. It uses carefullychosen case studies to examine how the competition authorities in China discuss cases and how they use economic reasoning in their decision-making process. Bringing together comparative perspectives, the expert contributors discuss the practice of the Anti-Monopoly Law in China from the viewpoints of European and American competition policy. Several very current topics are given specific attention, including enforcement, the role of the state, how to define the relevant market and how to apply the AML to regulated industries. The book also indicates the scope for mutual learning on how to improve the AML.
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Papers by Michael Faure