Michael Faure

Michael Faure
Erasmus University Rotterdam | EUR · Rotterdam Institute of Law and Economics (RILE)

About

512
Publications
65,379
Reads
How we measure 'reads'
A 'read' is counted each time someone views a publication summary (such as the title, abstract, and list of authors), clicks on a figure, or views or downloads the full-text. Learn more
2,865
Citations
Citations since 2016
49 Research Items
1034 Citations
2016201720182019202020212022050100150
2016201720182019202020212022050100150
2016201720182019202020212022050100150
2016201720182019202020212022050100150

Publications

Publications (512)
Chapter
Full-text available
Day fines, as a pecuniary sanction, have a great potential to reduce inequality in the criminal sentencing system, as they impose the same relative punishment on all offenders irrespective of their income. Furthermore, with correct implementation, they can constitute an alternative sanction to the more repressive and not always efficient short-term...
Article
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 acci...
Chapter
This chapter examines standardisation from a law and economics perspective. Taking efficiency as the main criterion, the advantages and disadvantages of private standardsetting will be discussed. We also discuss how legitimacy fits into this economic framework. We argue that potential problems of output legitimacy could be addressed by increasing c...
Chapter
Compensation Funds in Comparative Perspective - edited by Thierry Vansweevelt April 2020
Chapter
Smart Mixes for Transboundary Environmental Harm - edited by Judith van Erp March 2019
Chapter
Smart Mixes for Transboundary Environmental Harm - edited by Judith van Erp March 2019
Book
This work offers a multidisciplinary approach to legal and policy instruments used to prevent and remedy global environmental challenges. It provides a theoretical overview of a variety of instruments, making distinctions between levels of governance (treaties, domestic law), types of instruments (market-based instruments, regulation, and liability...
Article
Full-text available
Behavioral policy interventions aimed at redirecting individuals’ behavior toward optimal choices are characterized by an important issue which is often overlooked: the lack of an instrument to define what “optimal” means. If agents are subject to behavioral biases leading them to make “wrong” choices, the policy-maker can no longer rely on the rev...
Article
Cambridge Core - Law: General Interest - Legal Aspects of Land Rights and the Use of Land in Asia, Africa, and Europe - edited by Ingrid Westendorp
Chapter
This chapter applies the economics of federalism to the harmonization of food law in the EU. The economic criteria for centralization (more particularly transboundary externalities, the risk of a race to the bottom and a reduction of transaction costs) are used to ask the question whether some centralization of food law may be warranted. The questi...
Article
Full-text available
In this paper we study the law and economics of the EU data breach notification obligation (EU DBNO), which is part of the general data protection regulation. We start our discussion with the origins and aims of the EU DBNO. Following this, we study the social benefits of the DBNO and the conditions for these social benefits to emerge. Next, we ana...
Article
Societies worldwide are investing considerable resources into the safe development and use of nanomaterials. Although each of these protective efforts is crucial for governing the risks of nanomaterials, they are insufficient in isolation. What is missing is a more integrative governance approach that goes beyond legislation. Development of this ap...
Article
Full-text available
Mordernization has witnessed increasingly new industrial sectors which have the potential to create environmental disasters. The insolvency of risk creators in case of such disasters may lead to insufficient compensation as well as to a dilution of preventive incentives. Insurance is a traditional instrument to address these problems, but is subjec...
Article
Judge-made risk regulation and tort law: an introduction - Volume 9 Issue 1 - Elbert R DE JONG, Michael G FAURE, Ivo GIESEN, Peter MASCINI
Research
Full-text available
Conlusions and recommendations from the EFFACE Project. European Action to fight Environmental Crime
Article
Cambridge Core - Tort Law - The Liability of Public Authorities in Comparative Perspective - by Ken Oliphant
Book
This book analyses the drivers of specific common pool resource problems, particularly in fisheries and forestry, examining the way in which private and public regulation have intervened to fight the common pool resource problem by contributing to the establishment and maintenance of property rights. It focuses on the various forms of regulation th...
Article
Environmental criminal law has gone through a spectacular evolution in Europe in the past 30 years. One change concerns simply the place of environmental criminal law. In many countries provisions have now been incorporated either in a penal code or in a specific environmental statute. Moreover, in many legal systems the environment has received a...
Article
Belgian Constitutional Court – Conflicts between regions, communities and the central government – Allocation of competences – Decisions with high political content – Degree of political alignment between the parties in litigation and judicial behaviour at the Court – Empirical testing – All decisions of the Belgian Constitutional Court, 1985-2012...
Article
This article pays hommage to the important work of Göran Skogh, the founding father of the European Association of Law and Economics. It recalls Skogh’s work on instrument choice, the transaction cost of insurance and his important contributions to environmental policy. Attention is especially focused on Skogh’s contribution to the topic of risk-sh...
Chapter
Full-text available
In this contribution we will provide an economic approach to third party funding. We will first explain why third party funding emerges. It can be considered as a remedy for the market failure that can occur in cases of so-called dispersed losses where rational apathy may occur, and also when individuals do not bring claims solely because they do n...
Article
Full-text available
The question of how effective protection against environmental impairment can be provided has spawned much literature. One instrument that is often invoked to provide compensation for environmental damage is insurance. Traditionally, a distinction is made between first and third party insurance. First party insurance may be acquired by potential vi...
Chapter
Full-text available
In this contribution we focus on the role of experts in the assessment of tort damages from an economic point of view. We distinguish two different aspects. First, we examine the role which economists might play in assessing damages in tort cases. This approach focuses on the insights that Law and Economics provides regarding the correct assessmen...
Chapter
Roy Andrew Partain & Michael G. Faure, Development of a Regulatory Framework for CDM-Enabled Offshore Carbon Capture and Storage (OCCS) in China. In: The Rise of the Regulatory State: The U.S., E.U. and China’s Theory and Practice (Stefan Weishaar & Niels Philipsen, eds., Edward Elgar; forthcoming 2016). China has announced plans to reduce its gre...
Article
Full-text available
In the law and economics literature liability is generally regarded as an instrument which provides potential tortfeasors with incentives for optimal care taking. The question, however, arises whether liability can still provide those incentives when risks are unknown. That is the central question that is addressed in this contribution. One may, fu...
Article
While in many countries the liability of public authorities in negligence resembles the liability of ordinary persons quite well, several exceptions which shield public authorities from liability remain important. A policy consideration which often seems to be given weight is the risk of defensive behaviour by public officials. From a legal perspec...
Article
Met steun van de Koninklijke Nederlandse Akademie van Wetenschappen (KNAW) hebben de Erasmus School of Law (Rotterdam) en de Universiteit van Amsterdam sedert 2014 een project uitgevoerd over ‘smart mixes of transboundary environmental harm’.
Chapter
This chapter focuses on an increasingly popular phenomenon—corporate environmental responsibility (CER). The key question that is addressed is how CER can be viewed from a law and economics perspective and, more particularly, whether CER can be considered as an example of conditioned self-regulation, i.e., a form of voluntarism which is to some ext...
Chapter
Still there occurs a large amount of accidental and non-accidental damage caused by running oil and gas pipelines. In fact, pipelines, similar to other industrial activities, cannot be kept completely safe from accidents. However, accidents caused by the pipelines are to a large extent preventable. Among the various policy instruments that are avai...
Book
Michael G. Faure & Roy Andrew Partain, Carbon Capture and Storage: Efficient Legal Policies for Risk Governance and Compensation. (MIT Press, forthcoming 2016) This book provides a comprehensive survey of policy issues presented by the development of carbon capture and storage (CCS) systems that inject carbon dioxide into permanent geological stor...
Article
A variety of instruments can be used to compensate victims in the aftermath of a disaster. This article argues that it is important to structure ex post compensation mechanisms in such a way that they also provide incentives for disaster risk reduction. To that end, the article analyzes the ability of a variety of instruments to provide incentives...
Article
Behavioral policy interventions aimed at redirecting individuals’ behavior toward optimal choices are characterized by a fundamental flaw which is often overlooked: the lack of an instrument to define what “optimal” means. If agents are subject to behavioral biases leading them to make “wrong” choices, the policymaker can no longer rely on the reve...
Chapter
This chapter provides an overview of how environmentally harmful behaviour has become the subject of an intense debate about the pros and cons of criminalizing such behaviour. In general, criminalization of environmental harm generally is a relatively recent phenomenon not only at the EU level, but also in domestic law. Originally, the legal protec...
Article
Full-text available
In this contribution we provide an economic approach to third party funding. We first explain why third party funding emerges. It can be considered as a remedy for the market failure that can occur in cases of so-called dispersed losses where rational apathy may occur, and also when individuals do not bring claims solely because they do not have su...
Article
In the law and economics literature liability is generally regarded as an instrument which provides potential tortfeasors with incentives for optimal care taking. The question, however, arises whether liability can still provide those incentives when risks are unknown. That is the central question that is addressed in this contribution. One may, fu...
Article
The introduction sketches the importance of the Deepwater Horizon incident that occurred five years ago on 20 April 2010 in the Gulf of Mexico. The question central to this contribution is how compensation would be provided if such an incident were to occur in European waters. A mechanism that plays an important role in Europe, more particularly fo...
Chapter
Full-text available
In dit preadvies staan collectieve acties centraal. In het eerste deel van het preadvies belichten prof. Faure en Visscher de collectieve actie vanuit rechtseconomisch perspectief. Vanuit twee voorbeelden wordt een rechtseconomische motivering voor collectieve actie gegeven. De basisidee is dat bij zogenaamde strooischade (die wijdverspreid is over...
Article
Full-text available
Après les controverses suscitées par le mouvement Law and Economics en Europe ces dernières années, il est fort à parier que l’introduction des travaux d’économie comportementale (en anglais, behavioural economics) dans la pensée et la pratique juridique européenne va à son tour être la cible de nombreuses discussions et de polémiques. À ce titre,...
Article
Private liability can potentially play a crucial role in protecting critical infrastructure. Traditional liability rules will especially play their deterrent and therefore preventive effect in the case of so-called man-made “technological” disasters. By using a strict liability role and by providing solvency guarantees potential tort-feasors can be...
Article
This article deals with compensation mechanisms for the aftermath of disasters. It claims that there is a necessity to speedily compensate victims of an accident, if this can prevent the occurrence of large societal follow-on damage. In reality this does not often happen. This article takes the entitlement to compensation as given, does not discuss...
Book
Full-text available
Today terrorism has become a world-wide phenomenon which does not stop at the European borders. Following the 9/11 attacks on the World Trade Centre and terrorist attacks in Paris, Madrid and London, concerns have arisen in Europe about potential liability exposure for terrorism-related damage. This book tackles the problem of civil liability for d...
Article
Full-text available
From an economic perspective tort law is to serve two important functions: deterrence of wrongdoers and victim compensation. We can easily construct examples of torts leading to small and widespread harm for which it is questionable whether a rational victim will initiate an individual lawsuit. This is mainly true because of rational apathy, free-r...
Article
We distinguish among three types of actions that can be taken to alleviate the consequences of natural disasters: precautionary efforts (made ex ante), relief efforts (made in the immediate aftermath of a disaster), and recovery efforts (made ex post). We argue that recognizing this distinction lessens many of the problems that the literature attri...
Article
Both lawyers and economists are enthusiastic about the role of environmental non-governmental organizations (ENGOs). However, when dealing with ENGOs, most academic studies focus only on their actions as interest/pressure groups and no systematic empirical research exists addressing the question of how ENGOs use environmental litigation and courts...
Article
The switch from contributory to comparative negligence is thought to have been motivated primarily out of a concern for justice. We offer a different perspective. Language in state supreme court decisions suggests that some judges thought the switch would reduce appeal rates. We hypothesize that courts were more likely to make the switch when their...
Article
This contribution asks to what extent the European Commission’s policy of introducing more legal harmonization is decisive for triggering cross-border consumer purchases. We conduct a vignette study in the border triangle of Belgium, Germany and the Netherlands. We confront individuals with realistic consumer choices, in which we vary price, locati...
Article
Many developed countries have the declared objective of supporting forest sustainability around the globe, but the world’s most important forests are, in fact, outside their jurisdictions. Actions to protect these forests are therefore constrained by the legal problem of extraterritoriality. To legally act outside their borders, developed countries...
Book
Full-text available
De institutionele fundamenten van onze Westerse maatschappij zijn aan structurele veranderingen onderhevig. Ingrijpende ontwikkelingen als liberalisering, secularisering ,Europeanisering, globalisering, en zeker ook privatisering, stellen onze belangrijkste instituties - overheid, maatschappelijke organisaties en het bedrijfsleven - voor nieuwe uit...
Chapter
The starting point of this contribution is the necessity to speedily compensate victims of an accident, which in reality is often not the case. We look at the term accident in a broad manner, referring to disasters that affect many people rather than only one person. The main obstacles to a fast compensation may be found in lengthy mass litigation....
Article
Full-text available
The fact that automobile insurance is compulsory for most drivers in Europe and the United States raises concerns about its affordability and availability. In most legal systems, to mitigate such problems, special facilities have been created, either by policymakers or by insurance companies, to deal with risks that are very difficult to insure or...
Article
In order to secure their fishery products market share in the EU, third countries, especially the developing ones, tend to transplant EU requirements into their domestic legal order. In reality, theses transplanted laws do not correspond to measures to reach a level of protection needed by the country of destination. Based upon the case of Benin, t...
Article
Liability rules, regulation and insurance have all been proposed in legal and economic theory as instruments to prevent safety risks created by enterprises. Moreover, these rules can also be found in combination in most legal systems. Indeed, liability rules are often advanced as the market solution to safety since they simply allocate a price to u...
Article
Full-text available
Following the Fukushima disaster in Japan in 2011, how the compensation system for nuclear damage should be improved has obtained broad attention. The compensation system, including liability rules, insurance and government involvement, does not only concern to what extent the victims can be sufficiently compensated, but is also relevant to create...
Article
The article discusses how the International, the US, and Chinese regimes compensate for natural resource damage caused by vessel-induced marine oil pollution. Many have pointed to the fact that the spectacular economic growth in China has come at a high price, including serious natural resource damage. Increasing literature is available now, both i...
Article
Shale gas extraction has become a divisive issue among the EU Member States, highlighting the tension between the EU's energy and environmental policies. The identification of shale gas reserves in various EU Member States has created the expectation that shale gas could provide a substitute for more carbon-intensive fuels such as coal. Furthermore...
Book
Full-text available
Access to justice in environmental matters is a hot topic in Europe. In the light of recent case law of the European Court of Justice, the question arises whether access to justice should be broadened in order to comply with all pillars of the Aarhus Convention. This book discusses four different options for further action at EU level. The conseque...
Article
Full-text available
In the risk society of the twenty-first century, regulators must balance risk, and the potential harm to human health and the environment, against the demand of citizens for new technologies and the benefits that they bring; and they must do so in a context of high levels of uncertainty and in which the pace of technological developments can quickl...
Article
Full-text available
Company insolvencies can lead to potential financial losses for consumers. Insolvency can clearly also create a severe problem for consumers who are disappointed because the travel that they were anticipating cannot take place or has to be interrupted. Insolvency may create a negative image for the entire travel sector as well; as a result, the sec...
Article
Full-text available
Deposit guarantee insurance has been a very debated topic both in the USA and in Europe. Deposit guarantee insurance is considered to be a highly important mechanism to prevent bank runs and to restore depositor confidence, which is why both in the USA and in Europe during the financial crisis measures were taken to increase the coverage amounts. I...
Article
It is well-known that there are major environmental problems in China. Some hold that China has become one of the world’s largest polluters. Hence, many efforts are undertaken to create institutions aiming at the prevention of environmental harm in China. A topic that, however, also becomes increasingly important is what remedies are available for...
Article
In the last decade one can identify several accidents which can be classified as large scale accidents of a catastrophic dimension. After such a catastrophe the compensation of victims is of crucial importance and governments often intervene in this compensation. However, the organization of government intervention in the compensation varies from o...
Article
The tsunami which took place on 2011.3.11 before the coast of Japan and the subsequent nuclear incident at the Fukushima nuclear power plant have shocked the world and raised many questions. One of the questions is to what extent victims of the tsunami and of the nuclear incident can receive adequate compensation. We focus on the compensation syste...
Article
This study analyses the long standing question whether environmental risks and accidents can be sufficiently controlled under a civil liability regime. The literature generally holds that regulation should be the primary instrument to promote environmental care, but that environmental liability can have a supplementary effect. However, little is kn...
Article
In this contribution Michael Faure, Marjan Peeters and Andri Wibisana discussed the question whether economic instruments, also referred to as marketable instruments, are also suited for developing countries. The classic arguments concerning the shortcomings of command and control instruments are discussed as well as the potential advantages of mar...
Article
Increasingly, China is planning to move to nuclear power. The plan for China is to double its nuclear capacity in the near future. A critical component is that a regulatory framework has to be developed to accompany this move towards nuclear energy. An important component of such a framework is a nuclear liability regime. In this article, the Chine...
Article
This article deals with an important, but yet unexplored issue, being to what extent the anti-monopoly law of China of 2008 can be applied in an extraterritorial manner. The paper reviews first the extraterritorial application of anti-trust law in the United States and in EU competition law and then provides a critical policy analysis on extraterri...
Article
This is a chapter in a volume on the production of legal rules discussing the importance of social stigma and reputation. On the one hand the literature on social norms is discussed, explaining how, from an economic perspective, stigma can be inflicted through the use of the criminal law. Hence, the social process of stigmatization is described, ex...
Article
Full-text available
In this contribution we focus on the role of experts in the assessment of tort damages from an economic point of view. We distinguish two different aspects. First, we examine the role which economists might play in assessing damages in tort cases. This approach focuses on the insights that Law and Economics provides regarding the correct assessment...
Article
A lot of literature has paid attention to ways in which the performance of environmental law could theoretically be improved. Less attention is, however, paid to the question which environmental policy instruments have actually led to a reduction of environmental harm. The problem is not that this material is not available. Since the early use of e...
Article
Recent literature describing how criminal law should ideally be shaped to play its crucial role in environmental governance holds that a combination of provisions should be utilized in order to enforce not only violations of administrative norms, but also unlawful emissions. To date, environmental criminal law in China is the result of norms to be...
Article
Current regulation and liability schemes ineffectively prevent and routinely under compensate natural resources damages. Compensation instruments, such as liability insurance, direct insurance, risk sharing agreement, environmental funds, and guarantees provided by liable parties or third parties can be used to better achieve efficient prevention a...
Article
This article studies the scope of criminal and administrative law enforcement of environmental violations in four Western European jurisdictions. The Flemish Region and the United Kingdom have, until mid-2009, largely relied only on criminal sanctioning while administrative sanctions, which have also been in use since mid-2009, have already been wi...

Network

Cited By

Projects

Projects (5)
Project
optimal enforcement mixes
Archived project
The project aims at investigating standardization as a regulatory technique both at the European and the international level, based on several case studies and from different perspectives. The overarching research question is whether the process of standardization, with its economic and trade advantages, provides for sufficient legitimacy guarantees. For the purposes of this analysis, we intend to use legitimacy as a reference standard comprising two different elements, namely ‘input legitimacy’, by way of citizens’ participation to rule-making processes, and ‘output legitimacy’, through the possibility to ensure ex post accountability of the regulators.