Michaël Faure
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View article: The Regulation of Third‐Party Verification Entities in Greenhouse Gas Emissions Trading Schemes: Lessons From China
The Regulation of Third‐Party Verification Entities in Greenhouse Gas Emissions Trading Schemes: Lessons From China Open
Greenhouse gas emissions trading schemes worldwide broadly adopt third‐party verification, introducing private actors into public climate governance. However, the involvement of third‐party verifiers can create the risk that no accurate an…
View article: Deciphering Bug hunters – A Law and Economics Perspective
Deciphering Bug hunters – A Law and Economics Perspective Open
Recent years have witnessed an extraordinarily swift advancement in the fields of artificial intelligence (AI) and the Internet of Things (IoT). AI applications like ChatGTP are gaining significant influence on various aspects of life and …
View article: The Price of Meat in International Climate Change Law
The Price of Meat in International Climate Change Law Open
International climate change law has paid little attention to food production, and particularly meat, despite livestock’s substantial role in global greenhouse gas emissions, estimated at 14.5% worldwide, rising to around a quarter if land…
View article: Is climate change a valid reason for migration? Evidence from a conjoint experiment
Is climate change a valid reason for migration? Evidence from a conjoint experiment Open
Significant changes in climate that impact livelihoods, physical health, and human security raise the question: Is climate change perceived as a valid criterion for long-term immigration, and if so, by whom and under what circumstances? To…
View article: Licence to Pollute? Revisiting the Regulatory Compliance Defence in Civil Proceedings in Cases of Human Rights Violations
Licence to Pollute? Revisiting the Regulatory Compliance Defence in Civil Proceedings in Cases of Human Rights Violations Open
There are various examples of industrial activities carried out in compliance with public regulation or permits that result in harm to human health and the environment. In several legal systems, regulatory compliance may have a safeguardin…
View article: Attribution and Migration: A Survey Experiment
Attribution and Migration: A Survey Experiment Open
Shifting realities in the rules-based order threaten the efficacy of refugee law. State-directed assaults may weaken legal mechanisms, with the consequence that hosting humanitarian migrants could fall disproportionately on voter support f…
View article: Making the polluter pay: mandatory environmental liability insurance as a powerful tool for advancing sustainability impacts in China
Making the polluter pay: mandatory environmental liability insurance as a powerful tool for advancing sustainability impacts in China Open
Environmental pollution is a critical challenge that threatens sustainable development. This study explores the potential of environmental liability insurance to promote sustainability by complementing traditional regulations. It argues th…
View article: Does the EU Need an Artificial Intelligence Liability Directive? Insights from the Economics of Federalism
Does the EU Need an Artificial Intelligence Liability Directive? Insights from the Economics of Federalism Open
Confronted with increasing risks of harm created by various AI systems, the EU authorities have proposed an AI liability directive (AILD) with an intention to address the procedural obstacles suffered by a claimant in a non-contractual fau…
View article: Collaborative governance to manage risks in inclusive health insurance: a case study of Huimin Bao in China
Collaborative governance to manage risks in inclusive health insurance: a case study of Huimin Bao in China Open
Can private health insurance ensure equal access to healthcare for individuals and offer generous benefits at an affordable price? The conventional answer is no. But in the case of Huimin Bao, an inclusive commercial health insurance schem…
View article: Can Private Insurers Stimulate the Function of Public Long‐Term Care Insurance? Insights From China
Can Private Insurers Stimulate the Function of Public Long‐Term Care Insurance? Insights From China Open
In many countries, including China, private insurers are increasingly involved in public long‐term care insurance (LTCI) to stimulate its functioning. Our article examines this novel approach from an economic perspective. We then use this …
View article: Insuring the “uninsurable” cyberwarfare: rethinking war exclusions in cyber policies and the role of insurance in global cybersecurity governance
Insuring the “uninsurable” cyberwarfare: rethinking war exclusions in cyber policies and the role of insurance in global cybersecurity governance Open
This paper examines the insurance of cyber-related risks, concentrating on cyberattacks that fall under the war exclusion in insurance contracts. We argue that though it is understandable that insurers include war exclusions to limit their…
View article: Localization vs globalization of carbon emissions trading system (ETS) rules: how will China’s national ETS rules evolve?
Localization vs globalization of carbon emissions trading system (ETS) rules: how will China’s national ETS rules evolve? Open
China’s national carbon emission trading system (C-ETS) is central to its climate action. Previous studies have largely focused on the unique ETS design and/or regulatory details to determine whether the ETS functions successfully. However…
View article: Strengthening Resilience and Sustainability for Post-Disaster Recovery: A Comparative Law and Economics Analysis on Smart Mixes Between Mechanisms
Strengthening Resilience and Sustainability for Post-Disaster Recovery: A Comparative Law and Economics Analysis on Smart Mixes Between Mechanisms Open
This article advocates smart mixes of mechanisms of post-disaster recovery in terms of boosting resilience and sustainability through liability rules, government intervention, insurance, and their combinations. Liability rules can provide …
View article: The EU Environmental Crime Directive 2024: A Revolution in EU Environmental Criminal Law?
The EU Environmental Crime Directive 2024: A Revolution in EU Environmental Criminal Law? Open
On 11 April 2024, the European Union (EU) adopted a new Environmental Crime Directive (ECD) that departs from how the relationship between administrative law and criminal law has previously been defined in EU law. According to the revised …
View article: The Revised Product Liability Directive: A Law and Economics Analysis
The Revised Product Liability Directive: A Law and Economics Analysis Open
On 12 March 2024, the European Parliament adopted the text for revising the current Product Liability Directive (revised PLD), which was implemented in 1985. The revised PLD adapted the rules for the damage caused by defective products for…
View article: Energy transition and risk analysis: a commentary
Energy transition and risk analysis: a commentary Open
This is a commentary on the paper by Bouder/Lofstedt on the role of risk analysis in the light of uncertainty. The commentary points at various challenges related to risk assessment, more particularly as far as new energy projects are conc…
View article: Behavioural instruments in environmental law and policy: Potential and challenges
Behavioural instruments in environmental law and policy: Potential and challenges Open
The behavioural revolution in law and economics led to the insight that command‐and‐control and market‐based instruments have limitations in bringing about behavioural change. Environmental behavioural instruments use persuasive strategies…
View article: The Creation of an Autonomous Environmental Crime through the New EU Environmental Crime Directive
The Creation of an Autonomous Environmental Crime through the New EU Environmental Crime Directive Open
On 11 April 2024, the EU adopted a new environmental crime directive to replace Directive 2008/99 of 19 November 2008. This article discusses why a new Directive in the area of environmental crime had become necessary. It particularly argu…
View article: The Creation of an Autonomous Environmental Crime through the New EU Environmental Crime Directive
The Creation of an Autonomous Environmental Crime through the New EU Environmental Crime Directive Open
On 11 April 2024, the EU adopted a new environmental crime directive to replace Directive 2008/99 of 19 November 2008. This article discusses why a new Directive in the area of environmental crime had become necessary. It particularly argu…
View article: The liability of salvors towards third parties in case of environmental salvage: Economic analysis
The liability of salvors towards third parties in case of environmental salvage: Economic analysis Open
Marine salvors play a crucial role in rendering emergency response to maritime accidents. Their services generate positive externalities for preventing or minimizing damage to property and the environment. However, due to the uncertainties…
View article: The Impact of Environmental Regulation on the Investment Climate
The Impact of Environmental Regulation on the Investment Climate Open
In this contribution to honour Willemien du Plessis we use the economic approach to law to explain how environmental law affects economic development and vice-versa. The contribution starts by presenting the Environmental Kuznets Curve tha…
View article: Environmental Crime
Environmental Crime Open
The Elgar Encyclopedia of Crime and Criminal Justice stands apart as the most comprehensive global reference title in its field. New entries will be added every month and PDF downloads will be available once the Encyclopedia is complete.
View article: Mitigation of Long-Term Risks and the Role of Insurance: A Behavioural Law and Economics Perspective
Mitigation of Long-Term Risks and the Role of Insurance: A Behavioural Law and Economics Perspective Open
In a world of rising long-term risks and their ensuing syndromes, the mitigation and financing of long-term risks are therefore arguably some of the most critical issues facing society. However, long-term thinking involving future generati…