Economisch publiekrecht 86.62
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| • | Titel: | Additive and Non-Additive Risk Factors in Multiple Causation |
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| Auteur: | Ben C.J. van Velthoven; Peter W. van Wijck | ||
| Bron: | Universiteit Leiden | ||
| Jaar: | 2009 | ||
| Abstract: | The law and economics literature on multiple causation generally distinguishes between causal uncertainty and joint causation. For cases of causal uncertainty it has been shown that proportional liability, a fractional share rule, may lead to socially optimal incentives for the level of care. However, for cases of joint causation fractional share rules tend to be inefficient. This paper argues that the crucial distinction is not so much between the uncertainty or jointness of the causal elements, but rather between the additivity or non-additivity of risk factors. We develop an approach that integrates causal uncertainty and joint causation. We show that an apportionment rule that assigns liability in proportion to the probability of causation always yields efficient incentives when the risk factors are additive. In non-additive cases the proportional rule has an efficient equilibrium outcome (and this equilibrium is unique for almost all parameter settings) when tortfeasors act independently and simultaneously. But it is not always efficient when tortfeasors act in concert or act sequentially. We apply our approach to four recent cases from English jurisprudence. These cases illustrate that both causal uncertainty and joint causation may involve additive as well as non-additive risks. | ||
| • | Titel: | Enforcing fire safety in the catering industry : an economic |
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| Auteur: | Suurmond, Guido | ||
| Bron: | Universiteit Leiden | ||
| Beschrijving: | What is an effective and efficient enforcement policy for fire safety in the catering industry? When and why is an informal, cooperative enforcement style through warnings, persuasion and advice (a so called compliance strategy) effective in inducing compliance with the fire safety regulation? The standard economic model of enforcement stresses the importance of immediately punishing individuals and firms for non-compliance (a deterrence strategy). Part I of this thesis analyzes the economic literature to discuss whether and when a compliance strategy can be beneficial. It discusses which enforcement method (private, administrative or criminal) is effective and efficient to enforce safety standards. Part II of this thesis analyzes the optimal enforcement policy for the case of fire safety in the catering industry in the Netherlands. Enforcement officials have been interviewed to examine the use of a compliance strategy in practice. The benefits and costs of the enforcement efforts of the past years are estimated to see whether these efforts have been a desirable investment. Also, the compensation of the victims of the Volendam disaster is investigated to analyze the incentive to take precautions. Finally, a simulation of different enforcement policies in a representative municipality examines which policy is efficient. | ||
| • | Titel: | The World Bank Inspection Panel and Quasi-Judicial Oversight: In Search of the 'Judicial Spirit' in Public International Law |
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| Auteur: | Naudé Fourie, A. | ||
| Bron: | Erasmus Universiteit Rotterdam | ||
| Jaar: | 2009 | ||
| Beschrijving: | This PhD dissertation conceptualizes the World Bank Inspection Panel as a mechanism of quasi-judicial review or oversight, aimed at enhancing the accountability and legitimacy of the World Bank – which is conceived as an international institution exercising public power. The author engages in comparative constitutional law analysis, looking towards three non-international constitutional systems (the United States, European Union, and post-Apartheid South Africa) to construct a ‘conceptual model of judicial oversight’ that refl ects the concept’s ‘nature’, ‘effect’, and ‘dynamics’. The author employs this Model to analyze the institutional history and practice of the World Bank Inspection Panel, covering the Panel’s entire institutional lifespan to date. The author concludes that the nature, effect and dynamics of judicial oversight – indeed, the ‘judicial spirit’ – are more alive in this area of public international law than what might be expected. |