Shifts in Compensation for Environmental Damage

In many countries, various shifts have taken place between private and public funding regarding environmental damage compensation. This project dealt with these shifts. It critically presents shifts in this domain theoretically with many supporting practical examples.

Normally, victims of environmental damage had to seek relief via private legal mechanisms. In many systems a shift towards public oriented compensation has occurred. This is clear in areas such as international oil pollution and nuclear damage. This project described and critically discussed shifts in private and public compensation mechanisms, with empirical data and economic analyses of the effectiveness of the international oil pollution fund's capacity to compensate oil pollution victims. It also described shifts in some national legal systems towards greater government involvement as well as within specific private legal systems.

This project was conducted in co-operation with the Institute for Transnational Legal Research (METRO), Maastricht, The Netherlands.