Michael G. Faure
Professor, The Institute for Transnational Legal Research, Maastricht University
© Copyright 1998 Michael G. Faure
Contents
A. Pollution as an Externality
6. Environmental Damage Assessment
B. Environmental Standard Setting
9. Standard Setting and Cost Benefit Analysis
10. Principles of Environmental Law
C. Instruments to Control Environmental Pollution
11. Introduction: Various Possible Policy Instruments
15. Insurance of Environmental Damage
16. Other Compensation Mechanisms
D. Theory of Regulation and other aspects
17. Public Interest Criteria for Regulation
18. Private Interest Theory of Regulation
19. Liability and Regulation Combined
E. Environmental Federalism20. Criteria for (De)centralization
20. Criteria for (De)centralization
22. Subsidiarity and the 'Race for the Bottom' Rationale
23. Environmental Standard Setting
F. Specific Environmental Problems
G. Concluding Remarks - Points for Further Research
Bibliography on Environmental Regulation: in General (2300)
This entry discusses the Economics of Environmental Regulation by first focussing on the use of cost-benefit-analysis in environmental law and policy and in environmental standard setting. Then the various legal instruments to control environmental pollution are discussed as well as the theory of regulation. Also the combined use of regulation and other policy instruments such as liability rules, is discussed. Finally issues of environmental federalism and specific environmental problems such as the nuclear risk and marine oil pollution were discussed.
JEL Categories: ???
Keywords: Environmental Law and Policy, Environmental Standards, Standard Setting, Regulation, Environmental Federalism
The goal of this entry on environmental regulation is to provide some insight in the law and economics literature dealing with the policies aimed at solving environmental problems. For several reasons it is difficult to carefully design the borders of this topic. First of all the legal regime dealing with environmental pollution may be quite diverse, varying from liability rules to environmental taxes or environmental criminal law. Some of these topics will be dealt with in other entries such as in Entry 2000 on common property and regulation of the environment. We will try to provide a rather global overview of the law and economics literature concerning the environment, but topics that are explicitly addressed in other entries will obviously just be touched upon briefly. This is the case for nuisance (Entry 2100), zoning (Entry 2200) compulsory insurance (Entry 2400), pollution tax (Entry 2500) and several issues relating to liability law (Entry 3000). Some of these topics, for example liability law will nevertheless be discussed, especially as far as it concerns literature that is explicitly dealing with the problem of environmental liability.
A second reason why it might be difficult to provide an overview of law and economics literature regarding environmental regulation is that there is on the one hand a large body of legal literature dealing with environmental law, not addressing pollution from an economic point of view and on the other hand literature on environmental economics, which studies the effects of economic instruments and the implementation by firms and households. Some of this literature on environmental economics can obviously be of interest to environmental law and economics in as far as the legal instruments to implement environmental policy are studied. However, in this literature the various legal instruments to control environmental pollution are usually not the central focus of the research questions. We will mainly try to focus on literature where the acceptability, feasibility, effectiveness and efficiency of various legal instruments to implement environmental policy are discussed both from a theoretical and from an empirical point of view. The vast body of literature on environmental economics in the strict sense will therefore not be addressed in this bibliography on law and economics.
This entry discusses the law and economics with respect to 'environmental regulation'. These words often refer to the so called Command and Control approach to environmental problems in society. Command and control regulatory instruments such as environmental standards and targets, together with other administrative obligations and prohibitions are often referred to as "legal instruments". This term is then used in contrast to 'economic instruments', such as taxes or marketable pollution rights. This terminological division is, however, somewhat misleading. Indeed, also liability rules and traditional command and control mechanisms such as for example emission standards are 'economic instruments' in the sense that they will give an incentive to actors to comply with certain policy goals. In addition: the so-called 'economic instruments' are also legal in the sense that a system of ecological taxation or of marketable pollution rights needs a legal framework as well for example determining who should pay how much of a certain tax on what type of activities and when.
It is not easy to indicate which of these policy instruments can be considered as 'environmental regulation', the topic of this entry. Economists may consider 'environmental regulation' as all government intervention with regard to the protection of the natural environment. This direct regulation, taxation and transfer payments via the liability system would all be considered classical instruments of government intervention from an economic point of view. Lawyers on the other hand would consider liability rules as being different than direct regulation (see also Shavell 1984a ). For the purposes of this contribution, however, both liability rules and other common law instruments are all classified under the name 'environmental regulation' and thus discussed in this entry.
It might be interesting in this introduction to refer briefly to some of the text books on environmental economics, some of which also discuss the relevance of various legal instruments. We can, in alphabetical order, for example refer to Ayres (1978) , Baumol/Oates (1979) , ???Endres (1985), Field (1994) , Frey (1992) , Kahn (1995) , Kneese (1977) , Oates (1996) , Pearce/Turner (1990) , Portney (1990) , Revesz (1997) , Richardson/Ogus/Burrows (1982) , Tietenberg (1992) and Ward/Duffield (1992) .
Furthermore, those interested in an overview of recent literature with respect to environmental economics can be referred to the survey by Cropper/Oates (1992) . As far as books on environmental law and economics are concerned, we can for example refer to Ackerman/Rose-Ackerman/Sawyer/Henderson (1974) and Eide/Van den Bergh (1996) .
The remainder of this contribution to the Encyclopaedia is structured as follows. After this introduction it will be sketched how the basic literature on externalities is applied to the pollution problem ( section A ); then we will turn to the importance of cost benefit analysis for environmental standard setting ( section B ). In section C the various instruments to control environmental pollution will be sketched, including environmental liability and compensation mechanisms. Environmental safety regulation will be addressed in section D and section E will be devoted to problems of environmental federalism. Special attention will be given to nuclear liability and regulation of the nuclear industry in section F . Marine oil pollution issues will be discussed in section F . A few concluding remarks and points for further research will be addressed in section G .
A. Pollution as an Externality
In many textbooks on law and economics pollution is presented as the classic example of an externality. A factory might engage in socially beneficial activities such as for example the production of pharmaceutical products, but this production process may bring about negative side effects, such as the emission of smoke or waste water. Much of the law and economics literature on environmental law is simply dealing with the two fundamental questions, being
- What is the optimal level of emissions (which will be addressed in section B)?
and
- How can the law give incentives to comply with this optimal level?
Traditional economists would answer that the right incentives can be given by imposing a tax on the polluting activity. Since this idea builds on earlier work of Pigou (1951) this is usually referred to as a Pigovian tax. By equalling the marginal tax rate to the marginal costs caused by the harmful activity the factory would get incentives to reduce pollution in an optimal way. However, in his seminal article "the problem of social cost" Coase showed that if transaction costs are zero an optimal allocation of resources will always take place irrespective of the contents of the governing legal rule ( Coase, 1960 ). Coase stressed the reciprocal nature of harm, meaning in this particular case that the pollution is not just caused by the harmful emissions of the factory but also by the presence of neighbours who are for example injured through the smoke emissions. The crucial question therefore is not how the law should give incentives to force the factory to reduce emissions. First of all the question should be asked which of the two actors (factory or victims) should be limited in their activity (and maybe the answer is both, if both can take optimal precautions).
If it is for example established that the factory is emitting smoke causing a harm of 200 to each of the three victims living in its neighbourhood, that there is no feasible way in which the victims could prevent this harm from occurring and that all the emissions could be reduced by installing a filter which costs 500, the optimal solution is obviously that the filter should be installed. It follows from the Coase theorem that if the conditions are met, the filter will indeed be installed no matter what the contents of the legal rule is. If the law holds the factory liable to pay compensation to the victims, the installation of the filter (which costs less than the compensation payments) is obviously in the interest of the factory. But the same result will hold if the factory is not liable and victims bare their own damage. Given the zero transaction cost assumption they will get together and negotiate with the factory to convince him to install the filter. Also if the victims pay the filter, the price they pay maybe less than the costs they would incur if the emissions would take place.
Obviously, the efficient outcome may not follow if one of the parties would behave strategically or if the zero transaction cost assumption would not have been met. In addition, it is clear that the Coase theorem only deals with the efficiency aspect of social problems, not with distributional aspects. Indeed, although the efficient result will hold in both cases (liability or no liability), there is a distributional difference: in the first case the factory pays for the filter; in the second case the victims do. Hence, the contents of the legal rule will matter from the victim's perspective. This may be a reason why, from a policy perspective, the legislator sometimes intervenes to make the polluter liable even in situations where the conditions of the Coase theorem were fulfilled.
This Coase theorem is used by many scholars as a starting point for discussing the role of environmental law and, more generally, the need for legal instruments to control environmental pollution. In this respect we can refer to Frey (1992) , Baumol/Oates (1979) , Oates (1983) and to Schulze/D'Arge (1974) . A literature overview is presented by Mishan (1971a) . A drawback of the Coase theorem, especially as far as it relates to environmental problems is that in real life the situation given in the example of one factory emitting smoke that would affect just three victims, rarely exist. Usually there are cases of multiple victims where transaction costs will be prohibitive. These drawbacks lead to scepticism concerning the importance of the Coase theorem for environmental problems by for example Mishan (1971b) and Kapp (1970) . In cases where transaction costs are indeed prohibitive, the Coasian negotiations will not take place and some intervention of the legal system will then remain necessary to reach an internalization of the externality.
Nevertheless, there are some doctrines in environmental law closely related to the situation discussed in the Coase theorem. Both relate to the important point made by Coase that harm has a reciprocal nature. From this it follows 1. that it is efficient that both actors take precautionary measures to reduce harm. The law should give incentives for such optimal precautionary measures to both injurer and victims and 2. that if there is an incompatible use of property the efficient solution is obviously not always that the factory should relocate. These issues are addressed in the so-called first use doctrine and in nuisance law. We shall not discuss nuisance law here since it is addressed in Entry 2100 (Nuisance). It is, however, interesting to stress that this reciprocal nature of harm (stressed by Coase) can also be recognized in nuisance law ( Epstein, 1993 ). The law and economics literature of nuisance law generally holds that both actors should face the social costs of their actions: polluters must pay for incremental harm they cause and victims must not be compensated for excessive harm they could have avoided at a lesser cost ( Dewees/Duff/Trebilcock, 1996, 267 ). Landes and Posner hold that therefore courts do not award an injunction to stop pollution unless the damage exceeds the costs of abatement ( Landes/Posner, 1987, 44 ). This solution recognizes the reciprocal nature of harm.
The first use doctrine (also referred to as the coming to nuisance defence) relates to discussions that arise when for example a factory was located in a relatively empty area and is afterwards confronted with neighbours who 'came to the nuisance' and then claim compensation or even the relocation of the factory. In an ex ante perspective these kind of problems should not emerge since citing decisions of firms could efficiently be made looking at the optimal area that is suited for a particular activity. This has been extensively dealt with in the law and economics literature relating to zoning and more particularly in the work of Ellickson (1973) . Zoning and land use regulation are explicitly dealt with in this Encyclopaedia in Entry 2200. From an ex post perspective the law and economics literature, best represented in a paper by Wittman (1980) generally holds the following rules of thumb. If relocation of one of the two conflicting activities is the only way out, one should in principle examine whose costs of relocation are the largest. However, it should also be examined whether the costs of nuisance have already been integrated, for example in the price paid for the property (next to a railway station). If a much lower price was paid the externality in fact has already been compensated for and the house-owner cannot claim relocation. Third, the foreseeability of harm is an important criterion as well. The newcomer will have more chances of success if the harmful activities were for example extended in a totally unforeseeable way. Finally, after the decision on who should relocate is made, the question will have to be answered who should pay for the relocation costs. Again foreseeability may be an important criterion in that respect if for example many citizens knowingly started building houses close to a factory. Even if relocation costs for the firm would be lowest (and he should therefore relocate) the house owners might have to reimburse the factory for (part of) the relocation costs (see also Epstein, 1979 , 1993 and Faure, 1994???).
(1) Importance for Environmental Policy
Since we concluded, when discussing the Coase theorem, that in most cases of environmental pollution with multiple victims the zero transaction cost assumption will not be met, some intervention of the legal system will be necessary. Before addressing the variety of legal instruments that can be used to control environmental pollution, the first question to be answered is how the optimal level of pollution should be determined. This question has been addressed from different angles by economists. Starting point is usually the earlier work of Pigou which suggests to impose taxes on a particular activity that should be equal to the marginal social damage it generates. In this Pigovian tradition Baumol/Oates (1971) proposed the use of standards and prices for protection of the environment. Baumol/Oates propose a predetermined set of standards for environmental quality and then advice the imposition of unit taxes to achieve these standards. The appeal of their approach lies in the workability. Baumol/Oates do not need the information that is necessary to determine the appropriate set of Pigovian taxes and subsidies. Although they do not claim that their pricing and standards technique will lead to an optimal allocation of resources, it will reduce the level of environmental damages. In addition they claim that the selection of standards is quite similar to the one already used in public programmes, which should increase the practicality of their pricing and standards approach. This approach has long been the starting point for environmental economic analysis (See also Schelling, 1983 and Tybout, 1972 ). This approach claims that first a standard of environmental quality will have to be determined (the issue of standard setting will be discussed in further detail below) and then the optimal tax to reach this quality (which is one possible instrument to reach this goal). However, this approach only provides for a partial answer. Indeed, still the question remains how the optimal environmental quality should be determined taking into account a possible conflict with other values. In addition, at the more practical level, the question arises how one should choose between different abatement techniques to comply with the optimal environmental quality. These kind of questions will be answered using cost benefit analysis, an approach with a substantial history in economics (see for example Mishan, 1974???). In environmental policy cost benefit analysis will be used for example to determine the environmental quality of a certain environmental component, but also to make a trade-off between various abatement techniques. Many authors have shown how traditional cost benefit analysis can be applied in environmental policy, for example Ackerman/Rose-Ackerman/Sawyer/Henderson (1974) , and the book review by Oates (1976) , Field (1994) , Abelson (1979) , Cocker/Richards (1992) , Tolley/Graves/Blonquist (1981) . Nevertheless, there is also criticism on the use of cost benefit analysis from a legal perspective (see for example Hrezo/Hrezo, 1984 , Sagoff, 1988 and the book review by Farber, 1989 as well as Sagoff, 1981 ).
Oates pointed out that a cost benefit study involves several essential steps ( Oates, 1976, 54 ): the first is simply an enumeration of the various forms of benefit costs inherent in the undertaking of for example the clean up of a river. The second step is to assign actual dollar values to the various forms of benefits and costs. The third step involves the selection of a rate of discount for the evaluation of benefits and costs that are expected to accrue in future years. Finally, the present discounted value of the entire expected future stream of benefits and costs will be calculated. In simple words: "if society is to make the most of its cares resources, it should compare what it receives from pollution control and environmental protection activities with what it gives up by taking resources from other users. It should measure the values of what it gains (the benefits) and what it looses (the costs) in terms of the preferences of those who experience these gains and losses" (so Freeman, 1997 ). The ways of discounting the benefits and costs of environmental regulations are also discussed by Kolb/Scheraga (1990) .
Also in public finance since the 1950s public policies have been advocated to control externalities on a marginal cost equalling marginal benefit basis. For this literature on policy analysis see for example Friedmann (1984) , Stokey/Zeckhauser (1978) and for an overview Rose-Ackerman (1992a) . Cost benefit analysis will obviously also be used when a choice has to be made between various environmental techniques which are all available at different costs and which can all lead to different levels of accident reduction. In an ideal world incentives would be given to choose the efficient environmental technique, being the technique for which the marginal costs equal the marginal benefits gained in accident reduction. Requiring a more expensive environmental technique, which could lead to even more reduction of environmental damage, would be inefficient if the marginal costs would be higher than the additional benefits in reduction of environmental damage. With such a balancing process an optimal environmental quality can be determined and optimal environmental techniques can be chosen.
(2) Limits of Cost Benefit Analysis
Obviously, this brief sketch of the importance of cost benefit analysis for environmental policy can not provide for an indebt discussion of economic theory on this particular point. It seems important to remember that generally economists agree that environmental policy should be based on some weighing of costs and benefits. It is, by the same token, also important to stress that although these principles may be accepted, there is also considerable critique on the use of cost benefit analysis with respect to environmental problems. One weakness is that a cost benefit test does not indicate to whom the benefits accrue and who beares the costs ( Oates, 1976, 56 ). In other words, it does not take into account distributional matters. More importantly: the question arises how, in environmental matters, benefits of environmental policy can be calculated. One question is whether the benefits will be addressed merely from a anthropocentric perspective by for example merely focusing on a reduction of risk to human health or from an ecocentric perspective. Another question is how benefits should be measured if it concerns a reduction of a possible threat to an entire ecosystem. The question arises whether the traditional 'willingness to pay' test, which relies on market criteria suffices to value environmental damage.
(3) Cost Benefit Analysis in Environmental Law and Policy
An important part of the remainder of this contribution will be devoted to the question how the law can give incentives to adopt an environmental policy (at government and at individual firm level) that corresponds as much as possible with these principles of weighing marginal costs versus marginal benefits. It might be interesting to mention that increasingly cost benefit analysis is referred to at the policy level. In recent work of Sunstein (1993 , 1995 , ???1996) and Ogus (1995 , 1997) it is claimed that policy makers generally, but also with respect to environmental policy, should take cost benefit analysis into account in policy design. Cost benefit analysis is obviously also used for example to analyze whether the benefits of superfund cleanups justify the costs, a question addressed by Gupta/Van Houtven/Cropper (1995) .
Finally, we can point at the fact that environmental law generally seems to rely increasingly on notions such as ALARA (As Low as Reasonably Achievable), BPM (Best Practicable Means), BPEO (Best Practical Environmental Option) and BATNEEC (Best Available Technique Not Entailing Excessive Costs). Ogus claims that these notions aim for socially optimal levels of pollution where the marginal social costs of pollution abatement are roughly equal to its marginal social benefits (???Ogus, 1994, 207). Faure/Ruegg claim that the BATNEEC notion by its reference to the avoidance of 'excessive costs' refers to the marginal costs/ marginal benefit test. Thus, the BATNEEC notion allows for more efficient environmental standard setting and for an explicit application of the economic model ( Faure/Ruegg, 1994 ). The BATNEEC notion (or varieties of it) can now also be found in European legal documents, such as the recent directive on integrated pollution prevention and control (see a discussion by Faure/Lefevere, 1996 ).
Moreover, the use of cost benefit analysis is often advocated by economists in order to choose those policies which minimise costs for society. Cost benefit analysis can for example play a role prior to a regulatory intervention to assist in choosing the most efficient policy. This area of research, which is in fact a direct application of the law and economics approach, is referred to as the 'economic analysis of environmental regulation'. Some of the work in this area includes the design of models for policy analysis; other work is more practical and looks at the costs associated with alternative policy options. Arnold (1995) provides a good overview of the issues at stake.
6. Environmental Damage Assessment
This brings us to an important second topic related to the pricing of environmental pollution. The valuation of environmental damage is obviously important for the just mentioned cost benefit analysis, but also when the compensation due in a tort case has to be established. Economists have established a variety of techniques for valuing environmental damage. One method is the so-called Hedonic-price technique. This is based on the analysis of market data from transactions in private goods and services which are related to the characteristics of the public good under consideration. In other words, in the Hedonic-price technique the value of changes to the natural environment are analysed by the perceived monetary changes this has caused in markets of influenced goods. It is then for example assumed that housing values would reflect the variation in the quality of environmental goods. House prices can be a function of natural surroundings such as the presence of parks and forests. On that basis an evaluation of environmental improvement could be undertaken based on an estimation of the house price function. This approach has for example been applied by Hoch/Drake (1974) , Harrison/Rubinfeld (1978) and Nelson (1978) and for a critical analysis Maler (1977) . The alternative is to ask individuals to state their willingness to pay for environmental improvement directly, using a survey questionnaire. This is referred to as contingent valuation and is based on a hypothetical allocation procedure for the particular public good. This more direct approach is based on for example Davis (1963) , Bradford (1970) and Bohm (1971) and for a comparison of both methods of analysis see Pommerehne (1988) . There is a lot of discussion of contingent valuation in the U.S. since it is being used under some environmental laws (see for a critical analysis Hausman, 1993 ). Another option is the use of travel cost studies to estimate environmental benefits. Travel cost studies have been used to treasure the benefits of recreational options (see for example Krutilla).
General attention to methods of valuing environmental damage is also given in the work of Kapp/Smith (1992) , Johansson (1990) and Pearce (1976) . Recently a lot of attention has also been paid to the interests of future generations and the question how some kind of intergenerational equity can be taking into account in environmental-valuation ( Krutilla/Fischer, 1985 ). Howarth/Norgaard showed that the valuation of environmental services and how society cares for the future are interdependent. They claim that the valuation of non-market goods and social objectives are intertwined ( Howarth/Norgaard, 1992 ).
B. Environmental Standard Setting
The further question to be addressed is how the above discussed cost benefit analysis can be used to set legal standards efficiently. This is the problem of environmental standard setting. It seems appropriate to state from the outset that one has to distinguish between various different standards, in order to avoid confusion. When economists discuss standards (such as Baumol/Oates in their classic paper on the Use of Standards and Prices for Protection of the Environment, 1971 ) they usually refer to what is called in legal terms a target standard or a quality standard. This standard defines the optimal environmental quality for a certain environmental component and is also referred to as an ambient standard. This can take different forms. The quality standard could very broadly state how for example a particular habitat should be shaped in an optimal ecological way, or it should simply refer to specific chemical parameters to which for example the water in a creek should comply. As we have explained above, economists have traditionally argued that the law should limit itself to set these targets, whereby the instruments to reach these targets should be incentive based (see in addition, Schultze, 1977 ). When lawyers refer to standards, they usually refer to the regulatory measures, usually used and imposed by administrative agencies, that prescribe what measures a factory causing an externality should take to prevent harm. These measures can be imposed in general rules, but can also be found in individual licenses. In the environmental area they will often take the form of emission standards, prescribing the particular quality and quantity of the emissions into the environment. Non-compliance with such standards is usually enforced with administrative and/or criminal sanctions. Since in that particular case the actor is not free to choose the measures he wishes to use, to reach an optimal environmental quality, this approach is by economists often referred to as the 'command and control' approach. In order to avoid this confusion concerning the notion of standards we shall, following the work by Richardson/Ogus/Burrows (1982) distinguish between three types of standards: target standards, emission standards and production standards. The first ones are the target standards, which are often referred to as ambient quality standards. They specify the environmental quality as such, being how much of each pollutant may be present in a particular environmental component. Ogus (1994a, 28 , 1994b, 208 ) points out that these quality standard may not entirely solve the information problem. If the harm is not closely connected to the activity, the agency costs of determining the causal connection may be very high since the harm may also result from other activities. Target standards are therefore generally in the first place addressed to the standard setting agency.
A second type of standard, often used in environmental policy is the emission standard. These standards still leave some freedom to the potential polluter, since they usually only determine (in general rules or individual licenses) the amount and quality of the substances that can be emitted into the environment. There is obviously less freedom than with mere quality standards. Quality standards would leave it completely up to the firms how to comply with the target set. When emission standards are used the quality and quantities of the emissions are regulated. Still emission standards leave more freedom than the third category, production standards. These standards, which are also referred to as specification standards, regulate at an early stage of the production process by for example determining what kind of production technology will have to be used by the firm. The disadvantages of the latter standards are obvious: they may become obsolete very rapidly, delay technological changes and may have significant anti-competitive effects, so Ogus (1994a,29) , Ogus (1994b, 209-211) , Stone (1980) , Stewart (1981) .
In legal practice one could traditionally mostly find emission standards (the traditional command and control approach). They have been criticized from an environmental point of view, since by merely focusing on individual emissions of separate firms, an agency would not envisage the effects of the overall pollution on the specific environmental component. This problem could be remedied if the total number of firms is known and there are no expected new entries. This shows that emission standards are therefore momentary static instruments. The overall pollution can no longer be controlled by emission standards as soon as the market situation changes. Moreover, emission standards as such gave little incentives for innovation in abatement technology and further reduction of environmental harm. The innovative effects of various policy instruments are discussed by Downing/White (1986) . Policy therefore changed to an increasing use of target standards, but in many countries the target (or ambient quality) standards did not replace the emission standards. In fact, ideally first the optimal environmental quality is determined and afterwards the emission standard of the different firms are fixed in such a manner that the aggregate pollution coming from the various emissions will not exceed the environmental quality standards set. The case for specification standards is generally weak, unless the standard setter has better information than firms concerning the optimal production technology or innovation activity, which is, however, unlikely to occur ( Ogus, 1994a, 29 ).
Ideally, one would therefore find target standards defining the environmental quality and, depending upon the implementation instruments chosen (see (4)) possibly emission standards as well. These emission standards should indeed not necessarily take the form of regulatory standards of the 'Command and Control' type (for example in licenses), but could also be implemented in emission taxes or take the form of the due care standard in a liability case.
9. Standard Setting and Cost Benefit Analysis
The question arises how the cost benefit analysis discussed above fits into this standard setting scheme. Cost benefit analysis will first of all play a role when environmental targets are determined, as has been indicated above. But also at this second stage, of defining emission standards, will cost benefit analysis play a role. In an optimal world where the regulators set emission standards in the public interest, the administrative agency will take into account the marginal costs of more stringent environmental standards and balance these against the marginal benefits from additional reduction of environmental harm. This refined balancing process requires accurate information both on the expected environmental harm and on the marginal costs of the various technical devices that could prevent this harm (and on the corresponding emission standard). Depending on whether either the parties in the market setting or an administrative agency can be assumed to have the best information this will lead to a choice for fixing emission standards via tort law (in which case they will correspond with a due level of care) or via regulation (in that case they will be incorporated as a condition of the administrative license).
Obviously, a large body of literature had addressed the efficiency of various emission standards, especially comparing the traditional command and control approach with more incentive based systems to reach an environmental quality. Oates/Portney/McGartland (1989) pointed out that incentive based policies are not necessarily superior to command and control approaches. This is more particularly the case when command and control approaches are designed with at least one eye on cost savings and when the overdeterrence results in other compensating benefits. This outcome is particularly true if economic analysis plays a considerable role in command and control standard setting. If cost benefit analysis is indeed applied in environmental standard setting many of the inefficiencies may disappear and outcomes can be produced that compare quite well with incentive based alternatives. Another example is provided in a paper by Stephan (1988) , who also argues that 1. emission standards have important distributional effects; 2. they lead to a significant reduction of waste water emissions; and 3. they encourage implementation of less polluting production techniques in the long run.
10. Principles of Environmental Law
To conclude this discussion of the importance of cost benefit theory for environmental standard setting it might be interesting to contrast the economic approach with recent evolutions in environmental law. We already pointed out that the recent use of general principles of standard setting, such as BPM, ALARA and BATNEEC, seems to allow for an increased use of economic methodology in the environmental standard setting approach. There is, however, another tendency in environmental law that might be somewhat in contrast with this increased attention for cost benefit analysis. In international documents, such as the RIO declaration, agenda 21 and the EC Treaty as it has been modified by the Treaty of Maastricht, several general principles of environmental law are incorporated. The status of these principles is still somewhat unclear; they are probably more policy orientations than binding legal texts. Some of these statements, however, seem to depart from the economic principles of environmental law. One clear example is the attention which is given to the so-called polluter pays principle. This is for example incorporated in art. 130r al 2 of the EC Treaty. Taken literally it could mean that a firm would in all cases be forced to compensate for environmental harm, irrespective of the behaviour of the victim and irrespective of the costs associated with precautionary measures. Adams (1989) clearly pointed out that this principle is an empty shell which offers little help at the policy level. Boyd/Ingberman (1996) , however, recently examined whether this principles implies that liability should be extended if the polluter can not pay.
The same inefficiency might arise with another principle that currently receives a lot of attention in environmental legal doctrine. This concerns the precautionary principle, which is equally incorporated in art. 130r al 2 of the EC Treaty. Ogus correctly pointed out that this may force regulators to issue regulation even when the benefits of such a regulation are unknown since there is no information on possible harmful effects. Once more an example where these legal principles may collide with economic analysis ( Ogus, 1995 ).
C. Instruments to Control Environmental Pollution
11. Introduction: Various Possible Policy Instruments
(1) 'Economic' versus 'Legal' Instruments
After having discussed how the optimal amount of pollution can be determined from an economic point of view, we shall now turn to the question what kind of legal instruments can be used to reach the goals set. In this part of the contribution a general overview of various possible instruments will be provided and some attention will be given to environmental taxes and tradeable permits. The subsequent parts will specifically address the role of environmental liability ( chapters 14 , 15 and 16 ) and environmental regulation ( section D ). In the economic literature, based on Pigou's work, a variety of so-called 'economic' instruments have been advocated. Essential with most of these economic instruments is that they do not prescribe directly (as in the command and control approach) what the behaviour of potentially polluting firms should be. Principally the basic idea is that a tax should be attributed to the polluting activity, so that the pollution caused is represented by a certain price. The tax, i.e. the price for the pollution, would then be calculated by the firm in the price of its products. The market mechanism would then give incentives for investments in optimal abatement techniques. Firms that would refuse to invest in abatement techniques would cause a higher pollution, thus be subjected to a higher tax and through the market mechanism price themselves out of the market. This is a simple summary of the basic ideas underlying the literature which is advocating the use of incentive based instruments in environmental policy. More particularly Schultze has advocated that the government should reach more of its policy goals by using incentive based instruments ( Schultze, 1977 ). In addition there was the belief that by using the market mechanism the policy goals could be reached more easily than through the classic command and control approach (see for example Moore/Parker/and others, 1989 , Ackerman/Stewart, 1988 and Stewart, 1988 ). However, we already mentioned above that there is some literature that sheds doubt with respect to this assumption.
Before addressing the variety of instruments that can be used in environmental policy (as has been done for example by Dewees, 1983 and Helm/Pearce, 1990 ), we should first point out that when economists refer to 'economic instruments' they usually mean incentive based mechanisms, such as taxes or marketable pollution rights in contrast to 'legal instruments' which would be the classic command and control mechanisms.
The basic difference is indeed that the instruments usually referred to as 'economic' are incentive based, meaning that the policy goals (for example the ambient quality) are set, but that the ways to reach this goals are (more or less) left up to the regulated. It does not seem worthwhile to discuss this terminological question any further. The reader should just bear in mind that economists and lawyers might attribute a different meaning to the wordings 'economic' versus 'legal' instruments. It is on the other hand useful to provide a short overview of the variety of instruments that can be used to reach environmental policy goals and which are discussed in the literature and actually in practice as well.
(2) Common Law Remedies
Starting from the assumption that the Coasian conditions are not met because of prohibitive transaction costs, one could first look at common law instruments that are relatively broad, easy to administer and applicable at relatively low costs. One should in this respect in the first place obviously point at the importance of property rights in providing protection against environmental pollution. Traditional common law as well as civil law views most conflicts whereby for example a factory emits smoke causing harm to neighbours as an infringement on the property rights of neighbours. This may give rise to a nuisance which can give the victim a right to claim the cessation of the harmful activity via an injunction.
Another related, and in the field of environmental law probably at least as important common law instrument is liability law. Liability law can, from the victim's point of view, provide protection against torts committed by the factory. In this case, factory and victim need not necessarily be neighbours and the traditional remedy in case of tort law is compensation. The boundaries between property rights and liability rules have been discussed by Calabresi/Melamed (1972) . Although the role of liability rules is rarely discussed in the environmental economics literature when policy instruments are discussed, there is an important body of literature in the economics of accident law, starting with Calabresi (1961 , 1968) , Posner (1972) and ???Shavell (1980) which shows that liability rules can give incentives to the actors in a potential accident setting for efficient behaviour. As we shall discuss below environmental liability is now used as one of the important legal instruments to deter environmental pollution. It is still an instrument that leaves a lot of discretion to the actors involved. Depending on whether a strict liability or a negligence rule applies, basically either the firm itself or the court system will determine the due care required in the legal system which can, in an environmental case, for example refer to an optimal abatement technique. Since neither the abatement technique itself, nor the following emission standard, will be determined ex ante by a regulator, the liability system is often referred to as a market oriented approach, for example by Calabresi (1985) .
(3) Incentive based Mechanisms
However, in many cases the deterrent effect liability rules can give, will not suffice in case of environmental pollution given information problems (see section D below). This has lead economists to propose a variety of incentive based (or 'economic') instruments varying from taxes to subsidies and a variety of 'pollution rights models'. In alphabetical order one can refer to the following literature Ackerman/Stewart (1988) , Anderson (1978) , Breger (1989) , Hahn/Stavins (1991) , James/Janssen/Opschoor (1978) , Moore/Parker/Blottget/McCarthy/Gushee (1989) , Nichols (1984) , Schelling (1983) and Tietenberg (1990) . It would go beyond the scope of this contribution to discuss the importance of this literature here. Furthermore we will discuss some of the literature concerning taxes on the one hand and tradeable pollution rights on the other hand below. For now we can simply refer to these economic instruments as measures that do not impose a direct legal constraint on the supplier's behaviour; these measures rather function as incentives, conferring financial advantages or disadvantages on certain activities (Ogus, 1994???, 27).
(4) Regulatory Standards
Another category of possible instruments relates to the standards discussed above in section B . They can be considered as regulatory in the sense that the actor who fails to meet a certain standard shall be confronted with an administrative or criminal sanction. Another type of regulatory intervention would be prior approval (Ogus, 1994???, 26-27 and Ogus, 1994b, 214-244 ). In that case the interventionism again goes further than in the case of mere standards. Standards do allow the activity to take place without ex ante control, whereas a prior approval requires the firm to have for example a license before the activity itself can be undertaken.
(5) Voluntary Compliance
Finally, one could conclude this list of tools for environmental policy by referring to for example voluntary compliance through moral persuasion, although economists are somewhat sceptical about the efficacy of such an approach ( Oates/Baumol, 1975 ). In addition we should refer to the work by Menell (1991) who points at the inherent limits of legal institutions in controlling environmental risks.
(6) The Choice of Instruments
Concluding this overview of possible instruments of environmental policy, we should first of all stress that there is an abundant literature concerning the choice of a particular instrument to control a specific externality problem. This literature discusses comparative benefits of various instruments in a given situation. Polinsky built on the Calabresi/Melamed model which discussed property rights and liability rules by adding the tax-subsidy approach to the comparison between property rights and liability rules ( Polinsky, 1979 ). Polinsky argues that when the government has full information about the externality problem, only the tax-subsidy approach can both control the externality efficiently and protect both parties' entitlements. This remains the case also in a positive transaction costs world. Polinsky also addresses the more realistic setting in which the government has limited information. In that case the approaches can be ranked to some extent. He claims that the tax approach will be inferior to the liability rule approach in a wide range of circumstances, but that in terms of entitlement protection there is a clear preference for the property right approach. A comparison of Pigovian taxes and the liability rule approach is also provided by Brown/ Holahan (1980) . The analysis is further extended by White/Wittman (1981) by addressing both liability rules and zoning to control pollution. A lot of attention has also been given to the trade-off between liability rules and regulation; this literature will be discussed in section D .
Most of this literature advances criteria for the optimal use of a specific policy instrument. However, the ideal conditions for one specific instrument will almost never all be met at the same time. Hence, in actual policy one will notice that environmental law is usually based on a combination of a variety of instruments such as property rights, liability rules, emission and target standards as well as a variety of taxes. This complies with law and economics literature in which a combined use of instruments has been studied, for example Hansson/Skogh (1987) and Skogh (1982 and ???1989). A combined use of taxes, liability rules and insurance has been examined by Gravelle (1987) . Also with respect to liability rules and regulation a combined approach has been advocated, which will be discussed below. Generally differences between a 'pricing' and a 'sanctioning' approach have been examined by Cooter (1984) .
We shall now pay some attention to two specific 'economic' instruments, being tradeable permits and environmental taxes. These merit some further remarks given the attention they have received in the literature and, to an increasing extent, also in environmental policy. Starting point for most of the literature on tradeable systems is the pioneering work of Dales (1968) . Dales proposed that a market of tradeable permits would be organized by the government whereby pollution rights that should be tradeable would be granted for a certain period. The government would act as broker for the trade and would monitor the system. Building on Dales' proposal other authors formulated more specific proposals with respect to the shape of this market for pollution rights. Montgomery (1972) suggested that the pollution right should also indicate which part of the concentration of a specific compound in a particular environmental component could be emitted from a particular source. Further proposals concerning the implementation of such a model have for example been formulated by Tietenberg (1985) , Ackerman/Rose-Ackerman/Sawyer/Henderson (1974) , Noll (1982) and Rose-Ackerman (1977) . Hahn/Hester (1989) pointed at the importance of monitoring and enforcement in the framework of a market for pollution rights.
In addition to these papers sketching the theoretical benefits and the possible legal framework of a market for pollution rights many subsequent contributions have analyzed how some of these ideas have been implemented into environmental policy. Although most of the success stories in that respect come from the U.S., there is also a (modest) European experience with (some forms of) tradeable pollution rights. For instance in the Netherlands, Peeters (1992) discusses in her dissertation Dutch manure legislation which allows for a trade in the right to produce manure. As far as the U.S. is concerned, the empirical material relating to the experience with transferable permits is overwhelming. Making an arbitrary selection, we can for example refer to the work of Oates (1986) who discussed the emissions trading system for air pollutants and reports that trading has made real headway in certain regions. With equal enthusiasm he reports on the success of a system of transferable discharge permits in Wisconsin, noting that even several European countries are following closely the U.S. experience with transferable emissions entitlements. See also Oates/Collinge, 1982 , Oates/Crupnik/Van de Verg, 1983 , Oates/McGartland, 1985 , Oates/McGartland, 1985b . His enthusiasm is supported by other sources. Hahn/Hester (1989) claim that the trading programmes concerning the clean air act have lead to considerable cost savings, all be it that they had been less than anticipated. They, however, also claim that it is hard to demonstrate major environmental improvements as a consequence of these market policies. Indeed, trading may have increased emissions in some cases where the pollution rights that were sold were previously not being fully utilized by the owner (see also Dewees/Duff/Trebilcock, 1996 ). A lot has equally been published on experiments with tradeable rights that have taken place in Southern California (see for example Scholtz and Ledyard).
Finally we can briefly refer to the findings in some of the literature on environmental taxes. This is just for sake of completeness; pollution taxes are discussed in more detail in Entry 2500. We mentioned earlier, discussing economic instruments generally, that the case for pollution taxes has been made since the early work of Pigou. Instead of focusing on the known literature that defends the importance of taxes from an economic point of view, it is more interesting to look at empirical results. As far as theoretical papers advocating environmental policy to be based on a tax system are concerned, we can refer to the papers mentioned above. The classical economic literature on environmental taxes in the Pigovian tradition has recently been taken one step further by Paulus who examined the feasibility of ecological taxation, examining how the whole taxation system could be ecologically reshaped ( Paulus, 1995 ).
As far as empirical material relating to experiences with taxes is concerned it is remarkable that much more evidence seems to come from Europe than from the U.S. This was typically the reverse for the marketable pollution permits which were apparently more popular in the American experience than in Europe. Dewees/Duff/Trebilcock note that charges are rarely introduced 'in the text book form' ( Dewees/Duff/Trebilcock, 1996, 326 ). Hahn moreover claims that most emission charges or fees are used as a revenue generating device for public services rather than instruments of environmental policy, as they were prescribed by economists (???Hahn, 1989). The reason why taxes are relatively rarely used in the U.S. are also discussed in a report drafted by Oates for the OECD ( Oates, 1994 ). Most empirical evidence concerning the effectiveness of environmental taxes and charges come indeed from Europe. Dewees/Duff/Trebilcock argued that in the Netherlands water pollution by 14 industries responsible for 90% of total water pollution decreased by 50% between 1969 and 1975 and by another 20% by 1980, whereby half of this reduction was due to the effluent charge ( Dewees/Duff/Trebilcock, 1996, 326 ). Similar success stories come from Germany, Braun/Johnson (1984) that due to water effluent charges there were significant increases in water treatment leading most of the firms to comply with the existing emission standards. Since Germany (as most European countries) still has a combination of effluent charges and emission standards, it is hard to argue that the significant investments in water treatment plans were mainly due to the charges system and not for example to the threat of administrative and/or criminal sanctions in case of violation of emission standards. These findings concerning the success of effluent charges in Germany comply with reports by Frey who argues that the environmental taxes lead both to a considerable reduction of emissions into the aqua system and into the air ( Frey, 1992, 149-151 ). We can finally point at a study by Bongaerts/Kraemer comparing water pollution charges in France, the Netherlands and the Federal Republic of Germany ( Bongaerts/Kraemer, 1987 ), coming to the same conclusion that effluent charges provide a strong incentive to invest in water pollution abatement equipment, but that it is impossible to disentangle the separate effects of charges and emission standards. The latter effect is especially strong in Germany where the charges are halved for emitters who meet the effluent standards.
(1) Negligence versus Strict Liability
One of the instruments of environmental policy which has received relatively little attention in the environmental economics literature is tort law. There is an impressive body of literature on economic analysis of accident law (which will be discussed in Entry 3000) which has shown that tort rules may have two goals. The first, which is often stressed by lawyers, is the compensation of victims of accidents; the second, usually more stressed by economists, is the deterrent function of tort rules. Indeed, since the pioneering work of Calabresi (1961) , Brown (1971???), Posner (1972) and ???Shavell (1980) economists have stressed the steering function of liability rules. The foresight of being held liable ex post will induce parties in the accident setting to take optimal care. These basic ideas, which are further developed in another entry in this bibliography, can also be applied to environmental damage. By using liability law a potential polluter can be given an incentive not to pollute or to invest in cleaning equipment of which the marginal costs equal the marginal benefits in reduction of additional environmental damage. In other words, the cost benefit test, described under (3), can also be translated into for example a due care standard in tort law. Many authors have applied these general notions of the economics of accident law to environmental liability and have shown that also in the environmental context tort rules may have this preventive effect (see Michelman, 1971 , Endres/Staiger, 1996 , Bouckaert, 1991 and Faure, 1996 ). A nice study on a Swedish environmental liability case has been presented by Skogh/Rehme, 1998 . Since the details of the economics of tort law are discussed elsewhere we shall now only focus on a few aspects of particular importance for environmental liability from a law and economics angle.
One crucial question (also addressed in Entry 3100) is whether environmental liability should be based on strict liability or on a negligence regime. The economic literature generally accepts (???Shavell, 1987, 8 and ???Shavell, 1980) that both a negligence rule and a strict liability rule will provide a potential polluter with incentives to take an efficient care level. However, if also the activity level is taken into consideration, a negligence rule will not be optimal since the activity level is not incorporated into the due care standard which the courts apply. Hence, it is argued in the literature that in an unilateral accident model (whereby only the behaviour of the injurer influences the accident risk) strict liability will be efficient since it leads both to efficient care and to an optimal activity level. Hence, it has often been argued in the literature that there seems to be an economic rational behind the tendency in case law and environmental statutes in many legal systems to introduce strict liability for environmental damage: since the victim can not influence the accident risk, strict liability will be first best to give the potential polluter optimal incentives for accident reduction and hence, for optimal internalization (see for example Endres/Staiger, 1996 , ???Faure, 1995 and for nuclear liability ???Faure, 1995). However, if risk aversion of the polluter is assumed, strict liability is only efficient if it is insurable ( Endres/Schwarze, 1991 ).
(2) Damage
A second crucial aspect in environmental liability is the determination of da- mage. We already mentioned earlier that classic techniques for valuation of damage will be hard to apply when for example an entire ecosystem is endangered as a consequence of certain emissions. Nevertheless a more or less accurate estimation of the damage seems important for several reasons. First of all the scope of the environmental harm will have a large influence on the optimal level of care required from the potential polluter. Indeed, there is supposed to be a relationship between the magnitude of the harm and the optimal level of care. Hence, it seems important to have some insight in the amount of the damage to be able to fix the level of care required from a potential polluter in an efficient way. Second, for the same reason it will be important to fix the magnitude of the harm accurately ex post , not only to provide a fair compensation to victims (although it may not always be clear who that are in an environmental case), but also because this fixing of the magnitude of the damage will have an influence on future cases as well. We already indicated that economists have developed various techniques to evaluate environmental damage. We can refer to this discussion under chapter A.6 .
(3) Causation
A third issue of particular importance in environmental liability is causation. Again we can refer to the general discussion of causation issues in Entry 3300 and address just a few aspects of particular importance for environmental liability. In environmental liability the problem will often arise of uncertainty concerning the causal link between an event (for example an emission) and a certain outcome (for example health damage). The question then arises how one should deal with this causal uncertainty if scientific evidence for example reports that there is a 40% probability that a certain cancer was caused by the wrongful act, but a 60% probability that the cancer came from another source (the so-called background risk). After early law and economics papers where the importance of the causation issue was stressed (for example Calabresi, 1975 , ???Shavell, 1980 and Landes/Posner, 1983 ), further studies explicitly addressed the problem of causal uncertainty. Shavell (1985) and Kerkmeester (1993) stressed that also in case of causal uncertainty the liability of the injurer should be limited to those cases in which he actually caused the harm. Otherwise liability would be experienced by the injurer as 'crushing' or, in economic terms, over-deterrence would take place. This would result if, for example in our example, the firm would be held to pay 100% damage even though there was only a 40% probability that his activity contributed to the harm. Rosenberg (1984) , Kaye (1982) and Rizzo/Arnold (1980 , 1986) have argued that there should only be liability to the extent that the activity is contributed to the accident risk, meaning that on the basis of statistical evidence the liability rule should be constructed in such a way that the polluter will never be held liable for the background risk (which he did not cause), but only for the so-called excess risk (the contribution of his activity to the risk). The question then arises what kind of legal rule can respect these principles. Traditionally there are two possible rules. One possibility is to award 100% compensation to the victim once a certain threshold is passed, for example a 50% probability of causation. This is called a threshold liability. This rule, which was applied in the U.S. for a long time, is considered to be inefficient and also unjust since it will force a firm to compensate (at least partially) for damage which it can never have caused from a statistical point of view. The alternative is to translate the probability of causation by awarding the victim a proportion of its damage. When the chance, as was the case in our example, is 40% that the harm was caused by the tort, the victim will be awarded 40% of his loss. The advantage from an efficiency point of view is that the injurer is precisely exposed to the excess risk which he caused. This rule may also be preferable from the victim's perspective, since in this case he would have received nothing under a threshold liability, since the 50% threshold was not passed. The threshold liability is indeed an 'all or nothing' approach. Economic analysis generally holds that only the proportional liability rule will give optimal incentives for accident prevention ( Makdisi, 1989 , Landes/Posner, 1984 , Robinson, 1985 and Faure, 1993 ).
Causation issues and more particularly causal uncertainty will play a crucial role in many of the cases involving environmental harm. In many legal systems attempts are made to circumvent causality problems by imposing joint and several liability rules. This is for instance the case under the American 1980 Superfund Statute. This may be problematic as far as the incentives for accident prevention are concerned, although joint and several liability may promote settlements, thereby reducing litigation costs (so ???Kornhauser/Revesz, 1995). The economics of joint and several liability has also been analysed by Tietenberg (1989) .
Also in European cases concerning environmental liability questions of causal uncertainty have arisen, for example concerning the drug DES. With respect to the uncertainty with which the manufacturer sold the specific product to a particular mother, the question arose whether a type of proportional liability rule should be applied to aportion the burden of liability between the manufacturers (a market share liability). The Dutch Supreme Court however applied a joint and several liability rule (see Spier/Wansink, 1993 ). Another example relates to the employer's liability for occupational diseases. In another Dutch Supreme Court case a victim of asbestoses could not prove at what time he had been confronted with the fatal asbestos-crystal which had caused his disease. The Supreme Court once more shifted the uncertainty risk concerning causation to the enterprise by holding that it was presumed that the employee had be confronted with the fatal asbestos-crystal during the period of his employment for the defendant (???Faure/Hartlief, 1996). Causal uncertainty also plaid a role in the famous British Sellafield case where an English Court had to decide on the causal relationship between childhood leukaemia and the nearby presence of a nuclear power plant at Sellafield ( Gardner, 1990 ). For a discussion of these cases of causal uncertainty, see ???Faure/Hartlief (1996).
(4) Financial Caps
A fourth feature of many environmental liability regimes, especially under international conventions, is a limitation of the compensation. This is usually justified on insurance grounds. Nevertheless these financial caps have been seriously criticized both in legal and in law and economics literature. Lawyers argue that caps seriously limit the rights of victims to full compensation. From an economic point of view this is a problem as well since there will be no full internalization of the risky activity. Furthermore Landes/Posner (1984) have argued that if the statutory limit is lower than the potential magnitude of the accident, a problem of underdeterrence will arise. Moreover, insurability should not be an argument to introduce financial caps in environmental liability legislation. Liability can be unlimited and a possible duty to insure may be limited to an uninsurable amount (???Faure, 1995).
(5) Latency and Retroactive Liability
A fifth point concerning environmental liability relates to uncertainty over risk. In environmental liability there is often a long time laps between the harmful emission and the moment that the damage occurs. This caused an intense debate, especially in the field of soil clean up liability concerning the question whether liability rules may be applied in a retroactive manner. This relates to the question whether the damage needs to be foreseeable, discussed in Entry 3300. As far as environmental liability, more specifically soil clean up liability is concerned, the law and economics literature generally holds that a retroactive application of new standards either through case law or through regulation could never affect incentives for future behaviour of the specific operator and is therefore usually to be considered inefficient. This statement may, however, be different since the foresight that there may be liability ex post even for risks which are not known at the time (the so-called development risk) may give incentives to obtain information about that risk ( Shavell, 1992 and Visscher/Kerkmeester, 1996 ).
15. Insurance of Environmental Damage
Obviously, within a discussion of compensation of environmental damage one should also discuss insurance aspects. This discussion can, however, be short since insurance is looked at a more general level from a law and economics perspective in another entry to this encyclopaedia. Hence, we shall merely summarize the most important research results related to the application of insurance theory to environmental damage. Insurability issues have generally been discussed among others by ???Faure (1995), Karten (1997) and Zeckhauser (1996) .
(1) Moral Hazard
First one can note that the general principles underlying any insurance cover must obviously be respected with environmental liability insurance as well. Therefore the devices suggested by for example Shavell (1979) must be taken into account. One of these devices consists of still exposing the insured partially to risk which will often be done through for example deductibles or by imposing an upperlimit on coverage (the upperlimit is therefore not only necessary given limited capacity of the individual insurer but also to control moral hazard). In addition the insurer should monitor the behaviour of his insured as much as possible, adapt the premium accordingly and require specific preventive measures through the policy conditions. Such an optimal control of moral hazard obviously requires information by the insurer ( Endres/ Schwarze, 1991 ). This may require a specialization of insurers engaging in insuring the environmental liability risk in order to be able to exclude bad risks or reward good risks and require relevant preventive measures. On the role of insurance to promote sustainability see Stahel (1997) . Insurability issues with respect to hazardous waste have been analysed in the contributions to Kunreuther/Gowda (1990) .
(2) Adverse Selection
In the absence of an accurate distinction between good and bad risks, risk pools may become too broad, giving the good risks an incentive to leave the pool thereby creating the famous risk of adverse selection ( Akerlof, 1970 ). This risk of adverse selection led according to Priest (1987) , but criticized by Viscusi (1991) to an insurance crisis in the U.S.
(3) Capacity
In addition to moral hazard and adverse selection there is a third condition for insurability which might play an important role when insuring the environmental risk, being simply the capacity of the individual insurer. Since there is often little ex ante information on the predictability of the risk, a relatively low probability that the event will happen and a relatively high magnitude of the damage once the risk occurs, the insurer will have to react by on the one hand charging a risk premium to account for the unpredictability of the risk (often in the absence of reliable statistics) and on the other hand by providing for an adequate reserve to be able to provide cover for the environmental damage once it occurs. Since the magnitude of the damage will often exceed the possibilities of an individual insurer he will use various traditional insurance techniques (co-insurance, re-insurance) to cope with this capacity problem). One other solution in case of environmental liability insurance is pooling of capacity by insurers. In many countries insurers have shared risks in mutual pools on a non-competitive basis to be able to provide coverage also for risks with a relatively high potential magnitude. This is also typically the case for the nuclear risk. One should, however, distinguish the pooling of risks by insurers in so-called insurance pools from the pooling of risks by operators through risk sharing agreements which we shall discuss below ( chapter C.16 )
Hence, in environmental liability insurance the insurer might want to use specific techniques to be able to provide coverage even for relatively large losses.
(4) Latency
Another problem we already referred to above ( chapter B.14(5) ) is latency. When legal standards change over time and new standards are applied to 'old' situations (which will sometimes be the case with liability for soil clean up) insurance problems may arise. If the risk must be considered to be totally unforeseeable the insurer could not charge a premium ex ante for the specific risk, nor could he require specific preventive mechanisms or set aside reservations for potential losses. On the other hand, insurers principally always deal with uncertainty, so that also the risk that the law may change must not under all circumstances be considered as unforeseeable. A specific risk premium could be charged in addition to the actuarily fair premium to cope with this uncertainty problem ( Kunreuther/Hogarth/Meszaros, 1993 ).
Since latency problems will often arise in case of environmental liability the insurer may want to protect himself against the risk of being held liable today (maybe even on the basis of a retroactive application of new standards) for risks that originated for example 15 or 20 years ago. One possibility often advocated in the literature now and applied in many insurance policies is to change the period of insurance cover. Instead of providing coverage for the period when the harmful event occurred or when the loss originated, insurers now often change to a system whereby the claim must have been filed during the period of insurance cover (a so-called claims made system). By using this insurance technique the insurer can exclude the risk of being confronted with claims years after the period of insurance cover. Hence, this "claims-made policy" allows for an exclusion of the so-called 'long tail risk' which is typical in case of environmental liability with latency problems ( Katzman, 1988 , Hankey, 1994 and Spier/Haazen, 1996 ).
(5) Causal Uncertainty
Another problem that may specifically arise in case of environmental liability insurance is causal uncertainty (also discussed in chapter C.14(3) ) if for example a joint and several liability rule is used, this would mean that the insurer would have to cover risks that were not even caused by his insured. This may cause uninsurability, as has been shown by Abraham relating to insurance for superfund clean-ups in the U.S ( Abraham, 1988 ).
(6) Insurance Principles
There are, moreover, some other specific features of environmental liability insurance, which are discussed in the literature, which make it difficult to apply traditional insurance principles to environmental liability. One of these aspects, often stressed, is that liability insurance traditionally provides for coverage of accidents, meaning a sudden event whereas, as we just indicated - in environmental liability there is often a long time laps between the emission and the occurrence of the harm. Moreover, many of the pollution cases are not sudden events, but evolve gradually. This causes many technical problems, for example relating to the question when the damage actually occurred. These and other questions relating to the application of insurance principles on environmental liability are extensively discussed in law and economics literature (see for example Bocken, 1992 , 1993 , Bocken/Ryckbost, 1991a and Cousy, 1995 ).
(7) Compulsory Insurance
Finally, we should also point to the fact that the question can arise whether liability insurance for environmental damage should be made compulsory. We can be brief concerning this issue here since the law and economics of compulsory insurance is extensively discussed in Entry 2400 (see also ???Faure/Van den Bergh, 1989, Jost, 1996 and ???Skogh, 1989). In this respect we should only point out that some legal systems, for example Germany, have imposed a duty to insure on certain operators for environmental harm. The efficiency of such a duty and other aspects are analyzed by Endres/Schwarze (1991) and Wagner, specifically relating to the German Environmental Liability Act ( Wagner, 1991 , 1992 , 1996 ).
16. Other Compensation Mechanisms
Increasingly a lot of attention is paid to other mechanisms that could be used to cover for environmental damage. Some believe that the insurance problems mentioned above are that important that insurance can in the end only play a small role in covering the environmental risk. Especially as far as financing clean up of polluted sites is concerned, many have argued that alternative financial schemes must be investigated other than traditional liability and insurance.
Skogh (1982 and ???1989) and Hansson/Skogh (1987) have argued that when the two policy goals of optimal prevention and optimal compensation have to be fulfilled, the policymaker can choose between either liability rules with private insurance on the one hand, or safety regulation and public compensation mechanisms on the other. This literature develops criteria for when public compensation mechanisms, such as compensation funds could show comparative benefits. Faure/Hartlief (1996b) have argued that no matter how a compensation mechanism is organized, the incentives for prevention of damage should always remain untouched. Hence, the costs of harmful behaviour should as far as possible be attributed to the one who caused the harm and a system of risk differentiation should be included in the financing system as well. Therefore, a public compensation mechanism should still provide incentives for prevention by forcing only those who actually contributed to the damage to contribute to for example the fund.
Obviously, an alternative compensation mechanism for environmental damage could take various forms. One possibility one could think of would be a mutual risk sharing of operators. In case of very technical risks operators might have better information on the risk than for example an insurance company or an administrative agency. Hence, the accident risk could be reduced via an optimal mutual monitoring of the operators. There is a large experience with these risk sharing agreements in the field of compensation for oil pollution. This is provided by the so-called Protection and Indemnity Clubs (P&I Clubs), which are based on a mutual risk sharing between tanker owners (see for example Coghlin, 1984 ). Faure/ Skogh (1992) have argued that also a risk sharing agreement between nuclear power plant operators could lead to a better monitoring and provide higher amounts of compensation for victims than with traditional insurance. There is some evidence that risk sharing agreements will indeed be used in the revision of the Paris and Vienna Conventions on Nuclear Liability (???Faure, 1995). Compensation funds are in some cases also advanced to cover for insolvency of insurance companies. These so-called guarantee funds usually intervene when for some reason traditional insurance fails. In those cases a guarantee fund is usually applied in combination with traditional insurance; the fund then intervenes only for example when for some reason there is no insurance cover (for the basic argument see Finsinger, 1996 ). The third type of fund is a public compensation mechanism that really takes the place of traditional insurance because the particular risk may be uninsurable. In the environmental context one can think of situations for which no individual injurer can be made liable, for example the degradation of a particular habitat caused by acid rain. Inevitably the question arises how the fund can be financed, taking into account the causes of the particular pollution problem. If it is clear that for example sulphur dioxide emissions caused the particular problem from an economic point of view one could argue that a tax should be introduced on the polluting activity which can be used to finance the compensation fund. This was basically the idea behind one of the major environmental funds one knows today, being the American superfund introduced by CERCLA. The law and economics of the superfund experience has been analyzed in a recent book edited by Revesz and Stewart (1995) . This book provides a valuable insight into the economics of the superfund system, addressing issues such as the applicable liability regime, the role of insurance industry, clean up standards and more particularly the transactions costs involved in the current superfund regime.
Other no fault compensatory alternatives for environmental injuries are discussed by Dewees/Duff/Trebilcock (1996, 328-331) . They equally discuss both compensation for oil pollution and nuclear liability, although they rightly stress that the American Price Anderson Act (on nuclear liability) was largely motivated by a desire to allow the development of a nuclear power industry. They show little enthousiasm for an environmental disease compensation fund, arguing that many of the problems of the liability system, for example causal uncertainty, would not be removed by the instalment of a fund. Indeed, the administrative agency, handling the fund, would have to determine whether an individual disease is caused by the specific pollutant, which might render the administration of such a fund difficult and expensive. In Europe there are some experiments introducing environmental compensation funds on a rather small scale (for an overview see Bocken, 1987 , 1988 , 1990 , 1991b ).
D. Theory of Regulation and other aspects
17. Public Interest Criteria for Regulation
(1) Criteria for Regulation
After having discussed the economic function of environmental liability we now come to the question under what type of circumstances liability rules or other common law instruments will not suffice to deter environmental pollution, so that a regulatory intervention is necessary. The basic economic arguments in favour of (safety) regulation have been formulated by Wittman (1977) , Shavell (1984a and 1984b , ???1987) and by Kolstad/Ulen/Johnson (1990) . Several criteria have been developed to indicate when liability rules alone will not provide a sufficient incentive for a firm to take efficient care. In case of the environmental risk most of these criteria point in the direction of ex ante regulation: information can be obtained more easily by the regulator, there is a insolvency risk and a serious risk of underdeterrence since no liability suit will be brought if for example the damage is wide spread. This literature indicates that there is a strong case for controlling environmental harm through regulation, whereby we can refer to the literature mentioned above which discusses the question whether this ex ante regulation should take the form of taxes or the command and control approach via emission standards in licenses. In legal practice regulation plays indeed an important role in controlling environmental harm. Similar economic criteria for regulation are advanced in Ogus' recent book on regulation (1994???, 29-46).
(2) Enforcement
Many studies have addressed the effectiveness of specific environmental regulations. A lot of attention has in this respect been paid to the enforcement of environmental regulation. Shavell already stressed that one of the weaknesses of regulation in comparison with tort law is that whereas in tort law a victim will usually have an incentive to sue if he is injured the damage is sufficiently large and the injuries can be identified, the effectiveness of environmental regulation will to a large extent be dependent on the possibilities of enforcement. Enforcement issues have been addressed for example by Hawkins (1984) , McKean (1980) , Richardson/Ogus/Burrows (1983) , Russell/Harrington/Vaughan (1986) and Russell (1990) . The question what kind of penalties have to be used to deter inefficient emissions has been addressed by Segerson/Tietenberg (1992) . They more specifically address the question how an optimal penalty structure can be achieved in case of corporate environmental crime, addressing the question under what kind of circumstances there should be individual or criminal penalties or a combination of both. The effectiveness of criminal liability for environmental offenses has also been addressed in the many publications in this field of Cohen (1987 , 1992a , 1992b) . He argues that the magnitude of criminal sanctions should be based on harm, thereby criticizing the current American sentencing guidelines which hold that the fine should be based on the illegal gain. Furthermore, Cohen argues, as many other authors do, that criminal sanctions are only one part of the total picture, since civil sanctions and private settlements must be taken into account as well. Deterrence of environmental harm has been investigated as well by Epple/Visscher, developing a model to measure the effectiveness of enforcement efforts. Recently Gren/Kaitala examined the possible gains for the enforcing agency from disseminating information as its skill on detecting and convicting violators.
(3) Effectiveness
Finally we can point at literature that generally examined the effectiveness of safety regulation in controlling environmental harm. Dewees demonstrated that in North-America the quality of the environment has improved substantially as a result of regulatory efforts, not so much in response to legal action in tort ( Dewees, 1992a and 1992b ). This empirical evidence of the success of regulation, compared to tort law, has also been stressed in the recent book of Dewees/Duff/Trebilcock . They hold that the large regulatory effort to improve the environment has been met with considerable success when measured by the reduction of emissions, but that it is more difficult to argue that the environmental regulations of the 1970s in the U.S. equally had a considerable influence on the ambient environmental quality. Moreover, they also stress that while environmental regulation is a determining factor in pollutant emissions and ambient concentrations, other non-regulatory factors such as economic growth and even the weather also influence environmental quality ( Dewees/Duff/Trebilcock, 1996, 307-323 ).
18. Private Interest Theory of Regulation
(1) Lobby for Barriers to Entry or Lenient Standards
Until now we have assumed that government regulation is always made "in the public interest", meaning that the government would always make environmental regulation to cure the externality in an optimal way. Reality is, however, often very different. Sometimes regulation is passed if it would not be necessary according to the criteria for regulation of Shavell, discussed above; in other cases there is a proper argument for regulation, but the contents of the regulation is inefficient. This phenomenon, being that regulation is sometimes promulgated not in the public interest, has been examined by scholars of the public choice school. Public choice is analyzed in Entry 0610 of this encyclopaedia, where the basic literature in this respect is discussed. For this contribution it is interesting to discuss some of the literature that applies public choice and other interest group theories to environmental law.
Starting point of the public choice analysis is that regulation is considered as the product of supply and demand on a political market. On the demand side we find the various interest groups who demand favourable regulation and on the supply side, the wealth maximizing politicians who wish to favour interest groups which provide them political support. The product is environmental legislation protecting an interest group in exchange for political support. Thus a wealth transfer (a so-called rent) can be transferred to the interest group protected. This rent-seeking behaviour will be especially successfull, according to the literature, if the transaction costs of bringing together individuals to defend a common interest are relatively small for the group and if the information costs incurred by the public at large to find out the rent-seeking are relatively high. These conditions for rent-seeking may often be met in case of environmental regulation. The fact that a transfer to an interest group has taken place will often be disguised by arguing that environmental protection or victim protection is provided by the particular piece of legislation. Transactions costs are often low if only a few firms come together to defend a common interest.
There is a lot of literature providing theoretical support for the rent-seeking argument in case of environmental regulation and empirical evidence as well. Starting point for environmental regulation is often the political will to provide some action of environmental protection. Keenan/Rubin (1988) would argue that this demand for regulation, which is not represented by a well defined and active particular interest group, may be initiated by a so-called shadow interest group. This is a group that would have members and would come into being if an accident occurred. Potential victims of environmental pollution can thus be seen as members of this latent group. If a shadow interest group ceases to be a shadow group and becomes active, it will have all the characteristics of a normal interest group. Knowing that shadow interest groups have the potential to become an effective lobby, rational politicians will, under certain circumstances, respond to these groups in the same way that they will respond to normal interest groups, even though the shadow groups have not yet been organised.
If under these circumstances legislative intervention seems unavoidable the theory of regulation suggests that under these circumstances the interest groups involved will accept a general principle of regulation, but may strive to change its scope ( Pelzman, 1976 ). The industrial interest groups to whom the environmental regulation will be applied, may realize that regulation may enhance producer wealth while it simultaneously corrects, or at least reduces, an externality problem. This outcome has been stressed by Maloney and McCormick with respect to environmental quality regulation. They argue that the industry, realizing that environmental regulation is unavoidable, will cooperate in the development of the regulation and try to change the contents to its advantage. A classic example is the introduction of so-called "grandfather clauses" which stipulate that the regulation will not be applicable to firms or products which are already in existence. Hence, the regulation can create a new barrier for market entry and so protect the existing industrial practices and products (see also Dewees, 1983 ). In other cases, for example as far as standard setting is concerned, industry may lobby for lenient environmental standards to increase their own profits.
As indicated above, the efforts of industry may go in various directions: sometimes regulation will be used by using grandfather clauses to limit market entry (Maloney/McCormick); in other cases there will be lobbying for more lenient environmental standards. With respect to the first type of lobbying we can refer also to the function of licenses, which are considered a central instrument in environmental policy. Moore (1961) pointed at the anti-competitive effects of licensing. See on the use of standards to seek competitive advantages also Ogus (1994)???, ???Hahn (1990) and Huber (1983) .
Evidence of rent seeking behaviour in environmental regulation in the US was recently reported by Adler (1996) and similar stories can be found in Europe as well (???Faure/Van den Bergh, 1989).
The lobby for lenient standards may take place with the legislator. But since legislators usually give standard setting power to administrative agencies, this type of lobbying, for example to get lenient emission standards for an individual firm will usually take place with the administrative agency. The behaviour of bureaucracies as response to this capturing by industry is analyzed in different papers, for example by Downing (1981) . Rent-seeking will obviously not only take place as far as the standard setting process is concerned, but can also play a role in case of zoning ( Ault/Ekelund, 1988 and Fischel 1980 , 1985 ), which is addressed in more detail in Entry 2200.
(2) Influence of Private Interest on Instrument Choice
The influence of private interest in environmental law has been addressed specifically in the literature with respect to the issue of instrument choice. Above, (see section C ) we indicated the variety of instruments that can be used to control environmental pollution, indicating that the literature suggests under what kind of circumstances a particular type of policy instrument would be optimal. In practice these "economic prescriptions" (???Hahn, 1989) are not always followed. One reason why for example in the US emission taxes are seldom used and policy still relies to a large extent on the command and control approach is that firms prefer emission standards to taxes, because standards serve as barrier to entry to new firms, thus raising the profits of existing firms. Charges on the other hand do not preclude entry by new firms and represent an additional cost to the existing firms on the market ( Buchanan/Tullock, 1975 and see the comments by Coelho, 1976 and Yohe, 1976 ). This basic point made by Buchanan/Tullock has been extended by other scholars, examining the implication of rent seeking for pollution taxation ( Lee, 1985 and Brooks/Heijdra, 1987 ). The influence of lobbying on instrument choice has also been analyzed in the many papers by Hahn (???Hahn, 1989, Hahn/Noll, 1983 , Körber, 1995 ) and by De Grauwe (1995) . Hahn points out that the policy instruments are almost never used in the way that is suggested by economic theory. Emission charges are for example used as a revenue raising device with few direct effects on polluters and many marketable permit approaches are not really designed to create markets. Through grandfathering the rights of existing firms are often protected. In addition: even in cases where the economic prescriptions (marketable pollution rights) were followed, there is some evidence that emissions trading were used as a loophole by which industry could forestal compliance ( Hahn/Hester, 1986 ). Hahn also argues that the varying interest group attitudes in for example the US and Europe may account for the fact that European countries tend to rely more on the use of fees, whereas marketable permits have been introduced at a relatively important scale in the US (???Hahn, 1989, 111). Hence, the selection of an appropriate mix of policy instruments will to a large extent be determined by the way political choices are actually made in different countries.
(3) The Choice for the Level of Government
The influence of interest groups will not only play a role as far as the contents of regulation is concerned, but also when the level of government where action will be taken is determined. Noam has argued that interest groups will obviously choose the level of government where their influence can be largest. In the context of the European Union Faure/Lefevere argued that this may explain why some industries will lobby in favour of environmental regulation at the European level. For new areas (where no national legislation exists) industrial lobby groups may encounter less countervailing power than at the local level where the environmental problems occur and NGOs may oppose lenient standards. Once standards are set at the central level in Brussels, Member States will have to comply. On the other hand, the industry of Member States which already have relatively stringent environmental standards, may have an incentive to lobby at the central level to make these stringent environmental standards compulsory unionwide to force (southern European) competitors to comply with these stringent standards as well and thus to create barriers to entry ( Faure/Lefevere, 1995 ). This may explain why a lot of environmental regulations will emerge from Brussels also in cases where economic theory would predict that the problem may better be dealt with at the decentralized level (see section F ).
(4) Liability Law and Rent-Seeking
Finally, one should not forget that rent-seeking can also take place in environmental liability law. Industry may for example lobby in favour of a financial cap on liability thus transferring a rent from potential victims. Caps can be found for example in conventions on marine oil pollution and nuclear liability. The ideal conditions for efficient rent-seeking will often be met: transaction costs for for example the nuclear industry are low and the information costs for the public are high since the caps are often combined with other legal instruments which are supposedly aiming at "victim protection" such as strict liability and compulsory insurance (see Faure/ Van den Bergh, 1990 ).
(5) Importance
The interest group theory is important both for theoretical research and at the policy level. Theoretically it is important to stress that these theories have demonstrated that the traditional argument that regulation is necessary if the market fails to internalize externalities may not necessarily be true if the regulation provides results that are inefficient as a result of rent-seeking compared with the market solution that would have emerged. Second, most authors stress that it would be too one-sided to argue that environmental laws only serve the private interest. Even if there will always be strong incentives for rent-seeking, many environmental statutes are still enacted in a struggle to protect the public interest ( Adler, 1996 ). Third, in some cases the interests of industry and environmentalist coincide; hence, lobbying will not always result in industry opposing environmental regulation. Fourth, theoretically, a combination of public interest and private interest approach is highly useful to provide an understaning of how environmental regulations work. If the environmental policy instruments actually used do not correspond with the predictions of (public interest) economic theory, it might be helpful to look at the possible influence of private interest groups which might explain the existence of inefficient environmental regulation. Fifth, the fact that environmental regulation too is susceptible to rent-seeking which might for example lead to two lenient standards, may be an argument for combining regulatory standards with other policy instruments such as for example liability rules, which may be less susceptible to the influence of private interest.
19. Liability and Regulation Combined
(1) Necessity of the Combination
In chapter D.17 we stated that according to Shavell's criteria there is a strong argument to control the environmental risk through ex ante regulation (or taxes). However, in individual cases there can still be damage to the environment. Then again liability under tort comes into the picture and the question has been addressed in the literature how regulation influences the liability system and vice versa. These complementarities between tort law and regulation have more particularly been addressed by Rose-Ackerman (1992a , 1992b , 1996) , Faure/Ruegg and Kolstad/Ulen/Johnson (1990) . Rose-Ackerman also compared US and European experiences in using regulation versus tort law in environmental policy (1995a and 1995b) . The first point which is often stressed, is that the fact that there are many arguments in favour of ex ante regulation of the environment, does not mean that the tort system should not be used any longer for its deterring and compensating functions. One reason to still rely on the tort system is that the effectiveness of (environmental) regulation is dependent upon enforcement, which may be weak. In addition the influence of lobby groups on regulation, just discussed, can to some extent be overcome by combining safety regulation and liability rules. Moreover, safety regulation, for example emission standards in licences, can be outdated fast, which equally merits a combination with tort rules.
(2) Violation of Regulation and Liability
The question then arises whether a violation of a regulatory standard should automatically be considered a fault under tort law and thus lead to liability. Shavell argues that this should not necessarily be the case, so as to avoid some parties who pose lower risks, taking wasteful precautions (Shavell, 1983???, 365-366). However, in many legal systems, a breach of a regulatory duty is often considered a fault. This can be understood since the regulation will pass on information to both the parties and to the judge on the efficient standard of care. Thus the statutory standards can be applied to define negligence ( Rose-Ackerman, 1992a ).
(3) Compliance with Regulation and Liability
A second question is whether following the conditions of regulation, often laid down in a licence, excludes liability. This point of view is usually rejected in most legal systems ( Faure/Ruegg, 55-56 ). The economic rationale behind this rule is that if compliance with a regulatory standard were to release the operator from liability, there would be no incentive to invest more in care than the regulation asks for, even if additional care could still reduce the expected accident costs beneficially (???Shavell, 1984, 365). A second reason is that exposure to liability even in case of compliance with regulatory standards may be an adequate remedy when too lenient standards are set as a result of lobbying. Finally tort law can also be seen as a "stop gap" for situations not dealt with by statute ( Rose-Ackerman, 1992a, 123 ). A problem with this point of view is, however, that it may destroy the uniformity a standard is supposed to bring when judges are allowed in all cases to "second guess" agency decisions (so Rose-Ackerman, 1992a, 124 ).
The issue whether ex post liability and ex ante safety regulation are substitutes or complements has also been addressed by Kolstad/Ulen/Johnson . They show that where there is uncertainty, there are inefficiencies associated with the exclusive use of negligence liability and that ex ante regulation can correct these inefficiencies. In that case they argue a joint use of ex ante and ex post regulation will enhance efficiency.
(4) Liability and incentive based instruments
Finally it should be mentioned that in the literature some attention has been given to the problem of combining tort recovery and effluent fees or tradeable rights. Rose-Ackerman has argued that incentive schemes require a fundamental rethinking of the relationship between tort law and statutory law. She has argued that incentive-based regulatory statutes should preempt tort actions: if fee schedules have been set to reflect the social costs, tort actions would be redundant or even counterproductive. (see for example Rose-Ackerman, 1992a, p.128 ).
20. Criteria for (De)centralization
Sofar we discussed the goals of environmental policy assuming a harmonized legal system which would be applicable to all kind of different situations. It is, however, obvious that environmental problems may vary highly between communities. This brings about the highly controversial question at what level of government environmental problems should be regulated. This issue receives increasing attention in the literature, both in Europe and in the US. The central question always is whether environmental regulation should be promulgated at central (European or federal) level or at a more decentralized level. More balanced the question is also asked what kind of environmental regulations (or standards) should be set at the central and at the decentralized level. This issue has generally been addressed in the economics of federalism.
Starting point of the analysis usually is the theory of Tiebout about the optimal provision of local public goods ( Tiebout, 1956 ). Tiebout argues that when people with the same preferences cluster together in communities, competition between local authorities will, under certain restrictive conditions, lead to allocative efficiency. Well informed citizens will move to the community that provides services that are best adapted to their personal preferences. Hence, there would be competition between legal orders and citizens would move (the so-called voting with the feet) to the community that provides legislation that corresponds best with their preferences. This basic idea has been further developed with application to fiscal decisions and environmental choices by Oates/Schwab (1988) . Recently Van den Bergh has built on the Tiebout model to provide criteria for centralization/decentralization within the European Union ( Van den Bergh, 1994a and 1994b ). Van den Bergh argues that from an economic point of view decentralization should be the starting point, since competition between legislators will promote efficiency. However, there are certain conditions under which Tiebout competition will not work and which can, therefore, constitute arguments in favour of centralization. One argument is the transboundary character of externalities: this may be an economics of scale argument to shift powers to a higher legal order that has competence to deal with the externality over a larger territory. A second argument is the risk that a "race for the bottom" between countries would emerge to attract foreign investments. This race for the bottom would cause prisoners dilemmas whereby countries would fail to enact or enforce efficient legislation.
These insights can also be applied at environmental problems, as was the case for example in the just mentioned paper by Oates/Schwab (1988) . Both general arguments in favour of centralization could play a role with environmental problems. It can be argued that these are certainly often transboundary. The prisoners dilemma argument could be valid as well if there would be empirical evidence that differences in marketing conditions may lead to dislocation of firms to the location with the lowest standards (the so-called race for the bottom argument). Whether this argument is valid depends on empirical findings which we shall discuss below. Van den Bergh's arguments comply with the findings in another paper by Oates/Schwab (1988) who equally argue that as long as the effects of pollutants are confined within the borders of the relevant jurisdictions, local authorities will make socially optimal decisions on levels of environmental quality. Hence they provide an argument for decentralized environmental policy and argue that competition among jurisdictions for economic activity need not to be "destructive". A similar argument against the race to the bottom rationale for central environmental regulation is made by Revesz (1992) . He argues that this race to the bottom argument encounters no support in existing models of interjurisdictional competition. In addition, Revesz stresses that central standard setting would not be an effective response to this race to the bottom problem since local communities concerned would have other means to attract industry if they wish (relax regulatory controls in other areas).
22. Subsidiarity and the 'Race for the Bottom' Rationale
If we now turn to the actual division of competences, for example in Europe, we should first mention that the question whether action should be taken on community or national level is now guided by the so-called subsidiarity principle. On the basis of article 3B(2) of the EC Treaty, the community shall take action "only if and in sofar as the objectives of the proposed action can not be sufficiently achieved by the Member States and can, therefore, by reason or the scale of effects of the proposed action, be better achieved by the community". If we apply the economic criteria in favour of centralization to the areas in which the European Community legislated, one can certainly argue that many of the problems regulated through for example directives, deal with transboundary problems. In many other cases the race to the bottom argument is disguided by mentioning that the creation of equal conditions of competition is necessary for the functioning of the common market. However, the empirical evidence to uphold this rationale is rather weak. Repetto argues that pollution control costs are only a minor fraction of the total sales of manufacturing industries (Repetto). Moreover, recently Jaffe/Peterson/Portney/ Stavins (1995) have argued that empirical evidence shows that the effects of environmental regulations are "either small, statistically insignificant or not robust to tests of model specification". They argue that the stringency of environmental regulations might have some effect on new firms in their decision to locate for the first time, but that this will not induce existing firms to relocate. They equally argue that other criteria such as tax level, public services and the unionisation of labour force have a much more significant impact of the location decision than environmental regulation. Recently this empirical evidence has been somewhat contradicted by Xing/Kolstad (1995) , who argue that the laxity of environmental regulations in a host country is a significant determinant of foreign direct investment from the US chemical industry. The more lax the regulations, the more likely the country is to attract foreign investment, so Xing/Kolstad argue. Although this somewhat weakens the evidence presented by Jaffe/Peterson/Portney/Stavins as far as the location of new firms outside the US is concerned, it does not contradict their finding that existing firms will not relocate because of the stringency of environmental regulations. This material, therefore, substantially weakens the prisoners dilemma argument both for European Community and for US federal legislation in the field of environmental law. Even if differences between local communities would exist as far as the stringency of environmental law is concerned, this will generally not lead companies to relocate to "pollution havens". Nevertheless, many European Directives deal with for example drinking water or bathing water, problems which are typically not transboundary and for which the European competence is therefore hard to fit in the economic framework (so Faure/Lefevere/Van den Bergh, 1996a and Faure/Lefevere, 1996 ).
As far as the federalisation of environmental law in the US is concerned, we can point at an early work of Pelzman/Tideman (1972) and at a historical overview provided by Elliott/Ackerman/Millian (1985) and at the work of Revesz who in addition to his already mentioned 1992 paper in which he criticizes the race to the bottom rationale for federal environmental regulation recently also criticizes the various approaches that federal environmental laws have taken in controlling interstate externalities ( Revesz, 1996 ).
23. Environmental Standard Setting
At the European level there is, however, another reason for environmental action at central level. This has to do with guaranteeing all European citizens a similar environmental quality. This is sometimes referred to as the protection of the "European environmental and cultural heritage and human health". In a Tiebout framework of competition between legal orders, local communities would be free to choose the environmental quality that corresponds with their preferences. This is precisely the reason why in the US context one can increasingly hear pleas in favour of standard setting by the states instead of by the federal environmental protection agency (see Schoenbrod, 1996 ), whereas in Europe one wishes to guarantee citizens a minimal environmental quality. But even if one accepts that a basic environmental quality should be guaranteed (contrary to the economic reasoning) to all of the citizens, irrespective of their individual preferences, this should not be realized through a harmonization of emission standards, as was done at the European level sofar. This basic environmental quality can be guaranteed by harmonizing quality (target) standards. These quality standards define how much of each pollutant can be present in a certain environmental component. But the theory of optimal specificity of legal rules ( Ehrlich/Posner, 1974 , Ogus, 1994a ) has taught that the costs to reach a certain level of environmental protection may well vary with location specific circumstances ( Kolstad, 1987 and Faure/Lefevere, 1995 ). Hence, a same environmental quality can be reached in Europe through differentiated emission standards aiming at an equal environmental quality Europe wide ( Faure/Lefevere, 1996 ).
F. Specific Environmental Problems
(1) Safety Regulation
There are two types of environmental risks that deserve a short separate treatment since there is some literature dealing specifically with nuclear risks and oil pollution. Obviously, most of the problems addressed sofar appear with these two risks as well, so we shall simply report of some of the literature addressing specific issues concerning these risks.
As far as the nuclear risk is concerned, Nichols/Wildavsky (1987) , Feinstein (1989) and Paté-Cornell (1987) stress the specific character of the nuclear risk, being the low probability of an accident and the difficulties of probabilistic risk assessment in quantifying risk at nuclear power plants. Feinstein examines the safety records of US nuclear power plants and found a sharp increase in detection of violations following the Three Mile Island accident.
(2) Liability and Insurance
Special attention has equally been given to nuclear liability and the insurance of the nuclear risk. Taking into account the economic test for strict liability, nuclear accidents pose a strong case in favour of strict liability, since these accidents are typically unilateral (???Faure, 1995). Most international conventions on nuclear liability also adopted a strict liability rule. However, in many legal systems the compensation due to victims is also statutorily limited to relatively low amounts. Here we can refer to the discussion of financial caps above: these are largely inefficient, lead to underdeterrence and undercompensation of victims. ( Trebilcock/Winter, 1997 ).
As far as nuclear insurance is concerned, it should be mentioned that in most legal systems, insurance is provided by national nuclear pools, which have brought resources together on a non-competitive basis and provide relatively low amounts for third party insurance. This liability-insurance scheme for the nuclear risk can to a large extent be explained as the result of lobbying by the nuclear industry ( Faure/Van den Bergh, 1990 ). The conventions on nuclear liability which were drafted in the 1960s had as main goal to guarantee that nuclear power could further develop and that the nuclear industry would be protected against high claims. Hence, strict liability was combined with relatively low caps, also to make the nuclear risk insurable. An alternative compensation mechanism would be the pooling of risks by operators, based on a risk sharing agreement whereby a mutual monitoring between plant operators would guarantee prevention and higher amounts of compensation could be made available ( Faure/Skogh, 1992 ).
(3) Causal Uncertainty
Finally, it should also be mentioned that in case of the nuclear risk many problems of causal uncertainty will arise. Usually a probability of causation-formula is used to investigate the likelihood that a certain disease (for example cancer) was caused by a certain exposure to radiation ( Bond, 1981 and Ketchum, 1985 ). However, in practice it is often very difficult to establish this probability of causation: data on these probabilities in individual cases are certainly not conclusive ( Estep, 1960 , Meddler/Moselly, 1985 and Van Mieghem, 1988 ).
Marine oil pollution is also an issue which received attention in the literature, even before environmental problems were analyzed at a general level. Economists have always been interested in the question how accidental or voluntary marine oil pollution by tankers could be prevented optimally either by investments in the safety of the tankers (in case of accidental pollution) or by increasing detection (in case of voluntary discharge). See for example Burrows/Rowley/Owen (1974) . The problem of detection of oil spills has been modelled by Epple/Visser (1984) . They show how vessel size, the price of oil, the enforcement of pollution control regulations and the risk associated with variants in spill size affect the oil transporters' decisions concerning expenditures on measures for spill prevention. They provide empirical data to support their theoretical analysis. Cohen (1987) has followed up on their work by providing an optimal enforcement strategy to prevent oil spills. We can also point at a paper by Dunford (1992) , addressing the natural resource damages from oil spills, addressing the question under what kind of conditions there can be liability under the US Oil Pollution Act for natural resource damages. The recovery for economic loss following the Exxon Valdez oil spill has been examined by Goldberg (1994) .
One important weakness in the enforcement of marine oil pollution is the fact that the so-called Protection and Indemnity clubs provide full insurance for the fines which are imposed ( Lomas, 1989 ). However, Faure/Heine have argued that it is not the insurance itself which poses the problem, but the low probability of detection, which causes a low expected fine ( Faure/Heine, 1991 ).
Furthermore, we can point at the fact that the liability regime for oil pollution is governed by international conventions that have a similar legal structure as the conventions on nuclear liability: strict liability with financial caps. Insurance is provided through the Protection and Indemnity clubs, mutual insurance companies of the ship owning companies, which is typically different than in the nuclear liability sphere (see Bongaerts/De Bièvre, 1987 ). These oil pools are as such not inefficient and costly government regulations would not be able to improve efficiency to a large degree (so Libecab/Wiggins, 1984 and Ault/ Ekelund, 1988, 75 ). Another major difference with the nuclear liability regime is that in case of maritime oil pollution compensation is provided not only through these P&I-clubs, which act as insurance companies, but also through an oil pollution fund, financed by taxes on crude oil. In this case there is hence a combined financing by the oil producing industry and the ship owners. (see on liability for marine oil pollution the contributions in De la Rue 1993 ).
G. Concluding Remarks - Points for Further Research
This overview of the literature on environmental law and economics was unfortunately nothing more than a selection. Meanwhile so much has been published in this area that it would be impossible to discuss every paper published. The reader should be aware of the fact that some topics have not been discussed at all. This is for instance the case for the important area of international environmental law. A lot of economic research, especially in the area of international environmental economics has focussed on issues such as the greenhouse effects, CO 2 -emissions etc. However, more research can be done in this area, for example concerning the use of the various instruments to control transboundary pollution. Especially the effectiveness of international environmental agreements merit further research from both a law and economics and a public choice perspective.
The brief overview of literature provided in this contribution has shown that many aspects of the environmental problem have now been analyzed from a law and economics perspective. It is, however, remarkable that most of the environmental economics research has for a long time especially focussed on tradeable permits and environmental taxes, paying less attention to other instruments such as for example liability rules and insurance, whereas liability played a crucial role in the traditional law and economics literature on externalities. One point for further research is the possibility of an integration of the various instruments to control environmental pollution. It merits careful analysis under what kind of specific circumstances various standards, taxes or liability rules are best suited to control environmental pollution and under what kind of circumstances a combined use of these instruments might be optimal. Furthermore, increasingly public choice analysis should be taken into account in the analysis of environmental regulation. Many of the inefficiencies discovered in environmental regulation might be due to the influence of interest groups. In addition, attention should be paid to the institutional conditions under which interest groups might be less successful and environmental regulation can be expected to be more in the public interest. Finally, we did not at all pay attention to other than legal instruments which may play an important role in controlling the environmental risk. In this respect we think especially of for example eco-audits, environmental management systems and voluntary agreements. The efficiency and effectiveness of these instruments equally merit a careful analysis from a law and economics perspective.
I am grateful th three anonymous referees for useful comments on an earlier draft of this contribution an to Stefan Ubachs for useful research assistance.
Bibliography on Environmental Regulation: in General (2300)
Abbott, Alden F. and Brady, Gordon L. (1990) , 'Tollison Costs and Technological Innovation: The Case of Environmental Regulation', 65 Public Choice , 157-165.
Abelson, P. (1979) , Cost Benefit Analysis and Environmental Problems , Farnborough, Saxon House, England.
Abraham, Kenneth S. (1988) , 'Environmental Liability and the Limits of Insurance', 88 Columbia Law Review , 942-988.
Ackerman, Bruce A. (1988), 'Reforming Environmental Law: The Democratic Case for Market Incentives', 13 Columbia Journal of Environmental Law , 171-199.
Ackerman, Bruce A. and Stewart, Richard B. (1988) , 'Reforming Environmental Law: The Democratic Case for Market Incentives', 13 Columbia Journal of Environmental Law , 171-199.
Ackerman, Bruce A., Rose-Ackerman, Susan, Sawyer, James, Jr. and Henderson, Dennis R. (1974), The Uncertain Search for Environmental Quality , New York (NY), Free Press.
Adams, Michael (1986), 'Zur Aufgabe des Haftungsrechts im Umweltschutz', Zeitschrift für Zivilprozess , 129-166.
Adams, Michael (1989), 'Das Verursacherprinzip als Leerformel (The Polluter Pays Principe as Empty Formula)', Juristenzeitung , 787-790.
Adams, Michael (1990), 'Warum das "verursacherprinzip" eine leere Worthülse darstellt und von feinsinnigen Juristen bei Haftungslastentscheidungen im Umweltrecht als ungeeignetes Kriterium verworfen werden sollte', in Haller, M., Hauser, H. and Zäch, R. (eds.), Ergängzungen, Festschrift Erweiterungsbau der Hochschule St. Gallen , Haupt, 605-612.
Adler, Jacob (1996) , 'Rent Seeking Behind the Green Curtain', Regulation , 26-34.
Alban, Th. (1995), 'Regulating Pollution under Asymmetric Information: The Case of Industrial Wastewater Treatment', 28(3) Journal of Environmental Economics and Management , 357-373.
Anderson, F. J. (1978) , Environmental Improvements through Economic Incentives , Baltimore (MD), John Hopkins University Press.
Applegate, John S. (1991), 'The Perils of Unreasonable Risk: Information, Regulatory Policy, and Toxic Substances Control', 91 Columbia Law Review , 261-333.
Archibald, R. and Gillingham, R. (1981), 'The Distributional Impact of Alternative Gasoline Conservation Policies', 12 Bell Journal of Economics , 426-444.
Arnold, Frank S. (1995) , Economic Analysis of Environmental Policy and Regulation , New York: John Wiley & Sons.
Arora, Seema and Cason, Timothy N. (1995), 'An Experiment in Voluntary Environmental Regulation: Participation in EPA's 33/50 Program', 28(3) Journal of Environmental Economics and Management , 271-286.
Ashford, Nicholas A. and Heaton, George R., Jr. (1983), 'Regulation and Technological Innovation in the Chemical Industry', 46(3) Law and Contemporary Problems , 109-157.
Ashworth, John and Papps, Ivy (1991), 'Should Environmental Legislation Set the Rules Constraining Polluters?', in Weigel, Wolfgang (ed.), Economic Analysis of Law - A Collection of Applications , Vienna, Österreichischer Wirtschaftsverlag, 83-88.
Ashworth, John and Papps, Ivy (1992), 'Should Environmental Legislation Set the Rules Constraining Polluters? Defining the Ends and Assessing the Means of Environmental Policy: An Examination of the EC Mercury Directive', 12 International Review of Law and Economics , 79-93.
Ashworth, John, Papps, Ivy and Storey, David J. (1986), 'Assessing the Effectiveness of Economic Efficiency of an E.E.C. Pollution Control Directive: The Control of Discharges of Mercury to the Aquatic Environment', in Graf Von Der Schulenburg, J.-Matthias and Skogh, Göran (eds.), Law and Economics and The Economics of Legal Regulation , Dordrecht, Kluwer, 207-225.
Assmann, Heinz-Dieter (1990), 'Privatrechtliche Tatbestände der Umwelthaftung in ökonomischer Analyse (Economic Analysis of Civil Liability for Pollution)', in Wagner, Gerd Rainer (ed.), Unternehmung und ökologische Umwelt , München, Vahlen, 201-219.
Ault, Richard W. and Ekelund, Robert B., Jr. (1988) , 'Rent Seeking In A Static Model of Zoning', 16 American Real Estate and Urban Economics Association Journal , 69-76.
Awad, A. Safi El Din (1985), 'Islamic Jurisprudence and Environmental Planning: Comments', 3 Journal of Research in Islamic Economics , 83-86.
Ayres, R.U. (1978) , Resources, Environment and Economics, Applications of the Materials , New York, John Wiley.
Baird, Douglas G. (1988), 'Environmental Regulation, Bankruptcy Law, and the Problem of Limited Liability', 18 Environmental Law Reporter , 103-152.
Barbera, Anthony J. and McConnell, Virginia D. (1990) , 'The Impact of Environmental Regulations on Industry Productivity: Direct and Indirect Effects', 18 Journal of Environmental Economics and Management , 50-65.
Barnes, David W. (1982), 'Enforcing Property Rights: Extending Property Rights Theory to Congestible and Environmental Goods', 10 Boston College Environmental Affairs Law Review , 583-638.
Baron, David P. (1985), 'Noncooperative Regulation of a Nonlocalized Externality', 16 Rand Journal of Economics , 553-568.
Bartik, Timothy J. (1988), 'The Effects of Environmental Regulation on Business Location in the United States', 19(3) Growth and Change , 22-44.
Bartsch, Elza (1997), 'Environmental Liability, Imperfect Information, and Multidimensional Pollution Control', 17 International Review of Law and Economics , 139-146.
Baumol, William J. and Oates, Wallace E. (1971) , 'The Use of Standards and Prices for Protection of the Environment', 73 Swedish Journal of Economics , 42-54.
Baumol, William J. and Oates, Wallace E. (1979) , Economics, Environmental Policy, and the Quality of Life , Prentice Hall.
Baumol, William J. and Oates, Wallace E. (1988) , The Theory of Environmental Policy , Cambridge, Cambridge University Press, 299 p.
Baxter, William F. (1974), People or Penguins: The Case for Optimal Pollution , New York, Columbia University Press, 110 p.
Beavis, Brian and Dobbs, Ian M. (1986), 'The Dynamics of Optimal Environmental Regulation', 10 Journal of Economic Dynamics and Control , 415-423.
Beavis, Brian and Dobbs, Ian M. (1987), 'Firm Behaviour under Regulatory Control of Stochastic Environmental Wastes by Probabilistic Constraints', 14 Journal of Environmental Economics and Management , 112-127.
Beckerman, Wilfred (1990), Pricing for Pollution: An Analysis of Market Pricing and Government Regulation in Environment Consumption and Policy , London, Institute of Economic Affairs, 80 p.
Beghin, John, Roland Holst, David and van der Mensbrugghe, Dominique (1994), 'A Survey of the Trade and Environment Nexus: Global Dimensions', 0(23) OECD Economic Studies , 167-192.
Begovic, Boris (1996), 'Smece u ekonomskoj teoriji: slucaj prirodnog monopola (Garbage in the Economic Theory: The Case of Natural Monopoly)', 29(1-2) Ekonomska misao , 35-47.
Beilock, Richard, Burkhart, Jeffrey and Welsh, Richard (1989), 'Risk Permits: An Alternative Approach to Transportation Safety Regulations', 25 Logistics and Transportation Review , 195-207.
Benson, Bruce L. (1981), 'Land Use Regulation: A Supply and Demand Analysis of Changing Property Rights', 5 Journal of Libertarian Studies , 435-451.
Berger, Robert G. (1988), 'The Impact of Tort Law Development on Insurance: The Availability/Affordability Crisis and Its Potential Solutions', 37 American University Law Review , 285 ff.
Berglas, Eitan (1977), 'Pollution Control and Intercommunity Trade', 8 Bell Journal of Economics , 217-233.
Bernstein, Mark A., Feldman, Stephen L. and Schinnar, Arie P. (1990), 'Impact of Pollution Controls on the Productivity of Coal Fired Power Plants', 12(1) Energy Economics , 11-17.
Besanko, David A. (1987), 'Performance versus Design Standards in the Regulation of Pollution', 34 Journal of Public Economics , 19-44.
Bishop, John A. (1988), 'Pigovian Taxes and "Full" Property Rights', 14 Eastern Economic Journal , 193-196.
Bishop, William (1983), 'The Contract-Tort Boundary and the Economics of Insurance', 12 Journal of Legal Studies , 241-266. Reprinted in Goldberg, Victor P. (ed.), Readings in the Economics of Contract Law, mbridge, Cambridge University Press, 1989, 86-91.
Block, Walter E. (ed.) (1990), Economics and the Environment: A Reconciliation , Vancouver, Fraser Institute, 332 p.
Bohm, Peter (1971) , 'An Approach to the Problem of Estimating Demand for Public Goods', 73 Swedish Journal of Economics , 55-66.
Bongaerts, Jan C. (1987), 'Milieubeleid : Regulering of Aansprakelijkheidsregel? (Environmental Policy: Regulation or Liability?)', Vlaams Jurist Vandaag , 17-22.
Bongaerts, Jan C. and De Bièvre, A.F.M. (1987) , 'Insurance for Civil Liability for Marine Oil Pollution Damages', ??? Geneva Papers on Risk and Insurance , 145-157.
Bongaerts, Jan C. and Kraemer, R.A. (1987) , 'Water Pollution Charges in Three Countries. Control Through Incentives', 1(4) European Environment Review , 12-19.
Bongaerts, Jan C., Meyerhoff, Jürgen, Thomasberger, Claus and Wittke, Anja (1989), Lösungsansätze für ein ganzheitliches System von Umweltsteuern und Sonderabgaben in der Bundesrepu blik Deutschland (A Solution for a Total Environmental System and Special Taxes in the Federal Republic of Germany) , Berlin, Schriftenreihe des Instituts für Oekologische Wirtschaftsforschung Nr. 31.
Bonus, Holger (1976), 'Der Schutz des Schwächeren in der Umweltökonomie (The Protection of the Weaker in Environmental Economics)', 40(3-4) Rabels Zeitschrift für ausländisches und internationales Privatrecht , 409-429.
Bonus, Holger (1981), 'Wettbewerbswirkungen umweltpolitischer Instrumente (The Effects of Environmental Policy Instruments on Competition)', 1-2 Ifo-Schnelldienst , 20-28.
Bonus, Holger (1981), 'Emissionsrechte als Mittel der Privatisierung öffentlicher Ressourcen aus der Umwelt (Emission Rights as a Means of Privatization of Public Resources)', in Wegehenkel, L. (ed.), Marktwirtschaft und Umwelt , Tübingen, J.C.B. Mohr (Paul Siebeck), 54-77.
Bonus, Holger (1982), 'Wettbewerbspolitische Implikationen umweltpolitischer Instrumente (The Implications of Environmental Policy Instruments on Competition Policy)', in Gutzler, H. (ed.), Umweltpolitik und Wettbewerb , Baden-Baden, Nomos Verlagsgesellschaft, 103-121.
Bonus, Holger (1982), 'Emissionsrechte als Mittel der Privatisierung öffentlicher Ressourcen aus der Umwelt (Emission Rights as a Means of Privatization of Public Ressources)', in Möller, Osterkamp, Schneider (eds.), Umweltökonomik , Verlag Anton Hain, 295-314.
Bonus, Holger (1983), 'Darstellung und Bewertung der neuen flexiblen Auflagen-Konzepte der US-Luftreinhaltepolitik (Evaluation of the New Flexible Condition Policy against Air Pollution)', in Pohl, H. G. (ed.), Saubere Luft als Marktprodukt , Bonn, Bonn aktuell, 53-83.
Bonus, Holger (1984), 'Zwei Philosophien der Umweltpolitik, Lehren aus der amerikanischen Luftreinhaltepolitik (Two Philosophies of Environmental Policy, Lessons from the American Policy against Air Pollution)', 12(5) List Forum , 323-340.
Bonus, Holger (1986), 'Eine Lanze für den Wasserpfennig (Taking up the Cudgel for the "Waterpenny")', 9 Wirtschaftsdienst , 451-455.
Bonus, Holger (1986), 'Don Quichotte, Sancho Pansa und der Wasserpfennig (Don Quixote, Sancho Pansa, and the "Waterpenny")', 12 Wirtschaftsdienst , 625-629.
Bonus, Holger (1992), 'Standard und Wert in ökonomischer Sicht (Standard and Value from the Economist's Viewpoint)', in Bonus, H., Hoppe, W. and Schreiber, K.-F. (eds.), Umweltverträglichkeitsprüfung - Gibt es Standards? , Münster, Zentrum für Umweltforschung der Westfälischen Wilhelms-Universität, Vorträge und Studien, 139-153.
Bonus, Holger (1994), 'Marktwirtschaftliche Instrumente als Alternative zu hoheitlichem Vollzug (Market Oriented Instruments as an Alternative to Sovereign Execution)', in Barz, W., Brinkmann, B., Ewers, H.-J. and Hoppe, W. (eds.), Vollzugsfragen im Umweltschutz , Münster, 13-22.
Bouckaert, Boudewijn (1991) , 'La Responsabilité Civile Comme Base Institutionelle d'une Protection Spontanée de l'Environnement', 2 Journal des Economistes et des Etudes Humaines , 315-335.
Boyd, J.H. and Ingberman, Daniel E. (1996) , 'The "Polluter Pays Principle": Should Liability be Extended When the Polluter Cannot Pay?', Geneva Papers on Risk and Insurance , 182-203.
Boyd, James (1996), 'Environmental Liability Reform and Privatization in Central and Eastern Europe', 3 European Journal of Law and Economics .
Boyd, James, Harrington, Winston and Macauley, Molly K. (1996), 'The Effects of Environmental Liability on Industrial Real Estate Development', 12 Journal of Real Estate Finance and Economics .
Boyd, Roy G. and Hyde, William F. (1989), Forestry Sector Intervention: The Impacts of Public Regulation on Social Welfare , Ames, Iowa State University Press, 295 p.
Braden, John B. and Bromley, Daniel W. (1981), 'The Economics of Cooperation Over Collective Bads', 8 Journal of Environmental Economics and Management , 134-150.
Bradford, T. (1970) , 'Cost Benefit Analysis and Demand Curse for Public Goods', 23 Kyklos , 775-791.
Brady, Gordon L., Maloney, Michael T. and Abbott, Alden F., 'Political Limits and the Market for "BAT Medallions"', 13(1) Regulation , 61-64.
Brannlund, Runar, Fare, Rolf and Grosskopf, Shawna (1995), 'Environmental Regulation and Profitability: An Application to Swedish Pulp and Paper Mills', 6(1) Environmental and Resource Economics , 23-36.
Breger, M. (1989) , 'Market Oriented Regulation of Environmental Problems in the Netherlands', 11(2) Law and Policy , 215-239.
Bresnahan, Timothy F. and Yao, Dennis A. (1985), 'The Nonpecuniary Costs of Automobile Emissions Standards', 16 Rand Journal of Economics , 437-455.
Bressers, Hans and Klok, Pieter Jan (1988), 'Fundamentals for a Theory of Policy Instruments', 15(3) International Journal of Social Economics , 22-41.
Bressers, Hans and Klok, Pieter Jan (1988), 'Fundamentals for a Theory of Policy Instruments', 15(3-4) International Journal of Social Economics , 22-41.
Broek, Jan H.G. Van Den (1991), 'Nieuwe instrumenten voor energiebesparing (New Instruments for Energy Savings)', in Coljee, P.D., Franken, H., Heertje, A. and Kanning, W. (eds.), Law and Welfare Economics , Amsterdam, VU Amsterdam, 59-76.
Bromley, Daniel W. (1978), 'Property Rules, Liability Rules, and Environmental Economics', 12 Journal of Economic Issues , 43-60.
Bromley, Daniel W. (1989), 'Entitlements, Missing Markets and Environmental Uncertainty', 17 Journal of Environmental Economics and Management , 181-194.
Bromley, Daniel W. (1992), 'The Commons, Common Property, and Environmental Policy', 2(1) Environmental and Resource Economics , 1-17.
Bromley, Daniel W. (1993), 'The Law, Agency, and Global Climate Change', 3 International Journal of Environment and Pollution , 250-268.
Bromley, Daniel W. (1995), 'Property Rights and Natural Resource Damage Assessment', 14 Ecological Economics , 129-135.
Bromley, Daniel W. and Hodge, Ian (1990), 'Private Property Rights and Presumptive Policy Entitlements: Reconsidering the Premises of Rural Policy', 17 European Review of Agricultural Economics , 197-214.
Bromley, Daniel W. and Segerson, Kathleen (eds.) (1992), The Social Response to Environmental Risk: Policy Formulation in an Age of Uncertainty , Boston, Kluwer.
Brooks, Michael A. and Heijdra, Ben J. (1987) , 'Rent-Seeking and Pollution Taxation: An Extension', ??? Southern Economic Journal , 335-342.
Brown, G. and Johnson, Ralph W. (1984) , 'Pollution Control by Effluant Charges: It Works in the Federal Republic of Germany, Why not in the U.S.?', 24 Natural Resources Journal , 929 ff.
Brown, John Prather and Holahan, William L. (1980) , 'Taxes and Legal Rules for the Control of Externalities when there are Strategic Responses', ??? Journal of Legal Studies , 165-178.
Brumm, Harold J., Jr. and Dick, Daniel T. (1976), 'Federal Environmental Policy and R&D; on Water Pollution Abatement', 66 American Economic Review. Papers and Proceedings , 454-458.
Buchanan, James M. and Tullock, Gordon (1975) , 'Pollutors' Profits and Political Response: Direct Controls versus Taxes', 65 American Economic Review , 139-147.
Buckley, Colin Hugh (1985), 'Note: A Suggested Remedy for Toxic Injury: Class Actions, Epidemiology, and Economic Efficiency', 26 William & Mary Law Review , 497 ff.
Burrows, Paul, Rowley, Charles K. and Owen, D. (1974) , 'The Economics of Accidental Oil Pollution by Tankers in Coastal Waters', ??? Journal of Public Economics , 251-268.
Calabresi, Guido (1968) , 'Transaction Costs, Resource Allocation and Liability Rules, A Comment', ??? Journal of Law and Economics , 67-73.
Calabresi, Guido (1975) , 'Concerning Cause and the Law of Torts', ??? University of Chicago Law Review , 69 ff.
Carlson, J. Lon, Johnston, Gary V. and Ulen, Thomas S. (1981), 'An Economic Analysis of Illinois' New Hazardous Waste Law - P.A. 82-572', 21 Natural Resources Journal , 869-885.
Carr, Jack L. (1989), 'Giving Motorists a Choice Between Fault and No-Fault Insurance: An Economic Critique', 26 San Diego Law Review , 1087-1094.
Centner, Terence J. (1993), 'Regulations Incorporating Environmental Values Transcend International Commitments and Affect Production Agriculture', 27(2) Journal of World Trade , 131-140.
Chapman, Bruce (1993), 'Rational Environmental Choice: Lessons for Economics from Law and Ethics', 6 Canadian Journal of Law and Jurisprudence , 63-87.
Cheek, Leslie (1989), 'Insurance Issues Associated with Cleaning up Inactive Hazardous Waste Sites', 14 Geneva Papers on Risk and Insurance , 120-148.
Chilton, Kenneth W. and Sholtz, Anne (1990), 'A Primer on Smog Control', 13(1) Regulation , 31-40.
Coase, Ronald H. (1960) , 'The Problem of Social Cost', 3 Journal of Law and Economics , 1-44.
Cocker, A. and Richards C. (1992) , Valuing the Environment, Economic Approaches to Environmental Evaluation , London, Belhaven Press.
Coelho Philip R. P. (1976), 'Pollution, Direct Controls, Regulation and the Size of the Firm : Comment', 56 American Economic Review , 976-978.
Coelho, Philip R.P. (1976) , 'Polluters' Profits and Political Response: Direct Control versus Taxes: Comment', 66 American Economic Review , 976-978.
Coggins, George Cameron and Harris, Anne Fleishel (1987), 'The Greening of American Law?: The Recent Evolution of Federal Law for Preserving Floral Diversity', 27 Natural Resources Journal , 247-307.
Coghlin, T.G. (1984) , 'Protection and Indemnity Clubs', ??? Lloyds Maritime and Commercial Law Quarterly , 403-416.
Cohen, Mark A. and Shameek, Konar (1996), 'Information As Regulation: The Effect of Community Right to Know Laws on Toxic Emissions', forth. Journal of Environmental Economics and Management .
Cohen, Mark A. (1986), 'The Costs and Benefits of Oil Spill Prevention and Enforcement', 13 Journal of Environmental Economics and Management , 167-188.
Cohen, Mark A. (1987) , 'Optimal Enforcement Strategy to Prevent Oil Spills: An Application of a Principal-Agent Model with Moral Hazard', 30 Journal of Law and Economics , 23-51.
Cohen, Mark A. (1992a) , 'Environmental Crime and Punishment: Legal/Economic Theory and Empirical Evidence on Enforcement of Federal Environmental Statutes', 82 Journal of Criminal Law and Criminology , 1054-1108.
Cohen, Mark A (1992b) , 'Criminal Penalties', in Tietenberg, Tom H. (ed.), Innovation in Environmental Policy, Economic and Legal Aspects of Recent Developments in Environmental Enforcement and Liability , Brookfield, Edward Elgar, 75-108
Congleton, Roger D. (1992), 'Political Institutions and Pollution Control', 74(3) Review of Economics and Statistics , 412-421.
Conrad, Klaus (1985), 'The Use of Standards and Prices for Environment Protection and Their Impact on Costs', 141 Journal of Institutional and Theoretical Economics , 390-400.
Conrad, Klaus (1987), 'An Incentive Scheme for Optimal Pricing and Environmental Protection', 143 Journal of Institutional and Theoretical Economics , 402-421.
Cook, B.J., Emel, Jacques L. and Kasperson, R.E. (1990), 'Organizing and Managing Radioactive Waste Disposal as an Experiment', 9 Journal of Policy Analysis and Management , 339-366.
Cook, Philip J. and Graham, Daniel A. (1977), 'The Demand for Insurance and Protection: The Case of Irreplaceable Commodities', 91 Quarterly Journal of Economics , 143-156.
Cooter, Robert (1984) , 'Prices and Sanctions', 84 Columbia Law Review , 1523-1560.
Cropper, Maureen L. and Oates, Wallace E (1992) , 'Environmental Economics: A Survey', 30 Journal of Economic Literature , 675-740.
Cummins, J. David and Weiss, Mary A. (1991), 'The Effects of No Fault on Automobile Insurance Loss Costs', 16 Geneva Papers on Risk and Insurance , 20-38.
Dales, John H. (1968) , Pollution, Property and Prices: An Essay in Policy , Toronto, University of Toronto Press, 111 p.
Dana, D. (1995), 'Natural Preservation and the Race to Develop', 143 University of Pennsylvania Law Review , 655-708.
Dasgupta, Partha S. and Heal, Geoffrey M. (1979), Economic Theory and Exhaustible Resources , Cambridge, Cambridge University Press, 501 p.
Davis, R.K. (1963) , 'Recreation Planning as an Economic Problem', 3 National Resources Journal , 239-249.
De Clercq, Marc (1984), 'Liberaal milieubeleid [Liberal Environmental Policy]', 69 Economisch-Statistische Berichten , 488-493.
De Grauwe, Paul (1995) , 'Political Economy of the Choice of Environmental Policy Instruments in the EC', in Abraham, F., Deketelaere, K. and Stuyck, J. (eds.), Recent Economic Legal Developments in European Environmental Policy , Leuven, Universitaire Pers, 111-168.
De Kock, S. (1978), 'De vervuiler betaalt: slogan of noodzaak? (The Polluter Pays: Slogan or Necessity?)', 23 Tijdschrift voor Economie en Management , 99-124.
De la Rue, C.M. (1993) , Liability for damage to the marine environment , London, Lloyd's of London Press Ltd..
Degadt, J. (1985), 'Het Leefmilieu: relevantie van economische analyses voor een doelmatig overheidsbeleid in het geregionaliseerde België (The Environment: Relevance of Economic Analyses for an Effective Governmental Policy in Federalized Belgium)', 30 Tijdschrift voor Economie en Management , 367-386.
Dewees, Donald N. (1972), 'Economic Considerations in Selection of Pollution Control Legislation', 10(3) Osgoode Hall Law Journal , 627-646.
Dewees, Donald N. (1976), 'The Symmetry of Effluent Charges and Subsidies for Pollution Control', 9(2) Canadian Journal of Economics , 323-331.
Dewees, Donald N. (1983) , 'Regulating Environmental Quality', in Dewees, Donald N. (ed.), The Regulation of Quality; Products, Services, Workplaces, the Environment , Toronto, Butterworths.
Dewees, Donald N. (1983), 'Instrument Choice in Environmental Policy', 21 Economic Inquiry , 53-71.
Dewees, Donald N. (1986), 'Economic Incentives for Controlling Industrial Disease: The Asbestos Case', 15 Journal of Legal Studies , 289-319.
Dewees, Donald N. (1986), Controlling Asbestos in Buildings: An Economic Investigation , Washington, Resources for the Future, 106 p.
Dewees, Donald N. (1987), 'Does the Danger of Asbestos in Buildings Warrant the Cost of Taking it Out ?', 75 American Scientist , 285-288.
Dewees, Donald N. (1990), 'The Effect of Environmental Regulation: Mercury and Sulphur Dioxide', in Friedland, Martin L. (ed.), Securing Compliance: Seven Case Studies , University of Toronto Press, 354-391.
Dewees, Donald N. (1990), 'The Regulation of Sulphur Dioxide', in Doern, Bruce G. (ed.), Getting in Green: Case Studies in Canadian Environmental Regulation , C.D. Howe Institute, 129-154.
Dewees, Donald N. (1992a) , 'The Comparative Efficacy of Tort Law and Regulation for Environmental Protection', ??? Geneva Papers on Risk and Insurance , 446-467.
Dewees, Donald N. (1992b) , 'Tort Law and the Detterence of Environmental Pollution', in Tietenberg, Tom H. (ed.), Innovation in Environmental Policy , Aldershot, UK: Edward Elgar, 139-164.
Dewees, Donald N. (1992c), 'The Efficiency of the Common Law: Sulphur Dioxide Emissions in Sudbury', 45 University of Toronto Law Journal , 1-21.
Dewees, Donald N. (1992d), 'The Role of Tort Law in Controlling Environmental Pollution', 18(4) Canadian Public Policy , 57-138.
Dewees, Donald N. (1993), 'The Comparative Efficacy of Tort Law and Regulation for Environmental Protection', in Andersen, P., Jensen, V., Mortensen, J. B. (eds.), Governance by Legal and Economic Measures , Copenhagen, GEC Gad, 115-146.
Dewees, Donald N. (1995), 'Nuclear Environmental Consequences', in Daniels, Ronald J. (ed.), Ontario Hydro at the Millenium: Has Monopoly's Moment Passed ? , Kingston: McGill-Queen's University Press, 277-310.
Dewees, Donald N. (1995), 'Hydro Restructuring and the Regulation of Conventional Pollutants', in Daniels, Ronald J. (ed.), Ontario Hydro at the Millenium: Has Monopoly's Moment Passed? , Kingston: McGill-Queen's University Press, 169-197.
Dewees, Donald N. (ed.) (1983), The Regulation of Quality: Products, Services, Workplaces and the Environment , Toronto, Butterworths, 320 p.
Dewees, Donald N., Duff, David and Trebilcock, Michael J. (1996) , Exploring the Domain of Accident Law: Taking the Facts Seriously , Oxford, Oxford University Press, 452 p.
Dewees, Donald N., Everson, C.K. and Sims, W.A. (1975), Economic Analysis of Environmental Policies , Toronto, University of Toronto Press, 175 p.
Dixon, Lloyd S. (1995), 'The Transaction Costs Generated by Superfund's Liability Approach', in Revesz, Richard L. and Stewart, R. (eds.), Analyzing Superfund: Economics, Science, and Law , 171-186.
Dnes, Anthony W. (1981), 'The Case of Monopoly and Pollution', 30(2) Journal of Industrial Economics , 213-216.
Dnes, Anthony W. (1984), 'Joint Production, National Income Definitions and Pricing in Linear Environmental Models', 18 Socio-Econ. Planning Sciences , 247-253.
Dorfman, Robert (1988), 'The Political Economy of Environmental Protection: A Conversation', 14 Eastern Economic Journal , 205-209.
Downing, P.B. (1981) , 'A Political Economy Model of Implementing Pollution Laws', 8 Journal of Environmental Economics and Management , 255-271.
Downing, P.B. and White, Lawrence J. (1986) , 'Innovation in Pollution Control', 13 Journal of Environmental Economics and Management , 18-29.
Dudek, Daniel J. and Wiener, Jonathan Baert (1996), Joint Implementation, Transaction Costs, and Climate Change , Paris, OECD.
Dudenhoffer, Ferdi (1984), 'The Regulation of Intensities and Productivities: Concepts in Environmental Policy', 140 Journal of Institutional and Theoretical Economics , 276-287.
Dunford, R. (1992) , 'Natural Resource Damages from Oil Spills', in Tietenberg, Tom H. (ed.), Innovation in Environmental Policy, Economic and Legal Aspects of Recent Developments in Environmental Enforcement and Liability , Brookfield, Edward Elgar, 165-193.
Ehrlich, Isaac and Posner Richard A. (1974) , 'An Economic Analysis of Legal Rule-making', ??? Journal of Legal Studies , 257-286.
Eide, Erling and Van den Bergh, Roger (eds.) (1996) , Law and economics of the environment , Oslo, Juridisk Forlag.
Ellickson, R. C. (1973) , 'Alternatives to Zoning: Covenance, Nuisance Rules and Fines as Land Use Controls', 40 University of Chicago Law Review , 681 ff.
Elliott, E. Donald, Ackerman, Bruce A. and Millian, John (1985) , 'Toward a Theory of Statutory Evolution: The Federalization of Environmental Law', 1 Journal of Law, Economics, and Organization , 313-340.
Ellis, Gregory M. (1992), 'Incentive Compatible Environmental Regulations', 6(3) Natural Resource Modeling , 225-256.
Emons, Winand (1994), 'The Provision of Environmental Protection Measures under Incomplete Information: An Introduction to the Theory of Mechanism Design', 14 International Review of Law and Economics , 479-491.
Endres, Alfred (1977), 'Nonseparability and the Voluntary Approach to Externality Problems', 4 Journal of Environmental Economics and Management , 209-213.
Endres, Alfred (1978), 'Monopoly Power as a Means for Pollution Control?', 27 Journal of Industrial Economics , 185-187.
Endres, Alfred (1985), Umwelt- und Ressourcenökonomie (Environmental and Resources Economics) , Darmstadt, 193 p.
Endres, Alfred (1985), 'Market Incentives for Pollution Control', 39 Ricerche Economiche , 526-539.
Endres, Alfred (1985), 'Environmental Policy with Pollutant Interactions', in Pethig, Rudiger (ed.), Public Goods and Public Allocaton Policy , Bern, Haupt, 165-199.
Endres, Alfred (1989), 'The Search for Effective Pollution Control Policies', in Botkin, D.H. (ed.), Man's Impact on the Global Environment , New York, 437-454.
Endres, Alfred (1993), 'Internationale Vereinbarungen zum Schutz der globalen Umweltressourcen - Der Fall proportionaler Emissionsreduktion (International Agreements for the Protection of the Global Environment)', 48(1) Aussenwirtschaft , 51-76.
Endres, Alfred (1995), 'Zur Ökonomie internationaler Umweltschutzvereinbarungen (The Economics of International Environmental Agreements)', 18(2) Zeitschrift für Umweltpolitik und Umweltrecht , 143-178.
Endres, Alfred (1997), 'Negotiating a Climate Convention: The Role of Prices and Quantities', 17 International Review of Law and Economics , 147-156.
Endres, Alfred and Marburger, P. (1993), Umweltschutz durch gesellschaftliche Selbststeuerung (Environmental Protection by Social Self-Regulation) , Economica, Schriftenreihe des Kollegs "Umweltstaat" der Gottlieb Daimler-und Karl Benz-Stiftung, Bonn, 1993.
Endres, Alfred and Schwarze, Reimund (1991) , 'Allokationswirkungen einer Umwelt-Haftpflichtversicherung (Allocative Effects of an Environmental Liability Insurance)', 14 Zeitschrift für Umweltpolitik und Umweltrecht , 1-25.
Endres, Alfred and Staiger, B. (1996) , 'Ökonomische Aspekte des Umwelthaftungsrechts', in Ahrens, M. and Simon, J. (eds.), Umwelthaftung, Risikosteuerung und Versicherung , Berlin, Erich Schimdt Verlag, 79-93.
Endres, Alfred, Rehbinder, E. and Schwarze, Reimund (1992), Haftung und Versicherung für Umweltschäden aus ökonomischer und juristischer Sicht (Liability and Insurance for Environmental Damages - A Law and Economics Perspective) , Berlin (Springer), Schriftenreihe des Kollegs "Umweltstaat" der Gottlieb Daimler-und Karl Benz-Stiftung, 1992.
Endres, Alfred, Rehbinder, E. and Schwarze, Reimund (1994), Umweltzertifikate und Kompensationslösungen aus ökonomischer und juristischer Sicht (Transferable Discharge Permits and Emissions Trading - A Law and Economics Perspective) , Economica, Schriftenreihe des Kollegs "Umweltstaat" der Gottlieb Daimler-und Karl Benz-Stiftung, Bonn, 1994.
Epple, Dennis and Visscher, Michael (1984) , 'Environmental Pollution: Modelling Occurrence, Detection, and Deterrence', 27 Journal of Law and Economics , 29-60.
Epstein, Richard (1979) , 'Nuisance Law: Corrective Justice and its Utilitarian Constraints', ??? Journal of Legal Studies , 49-73.
Epstein, Richard (1993) , 'Holdouts, Externalities and the Single Owner: one more Salute to Ronald Coase', 36 Journal of Law and Economics , 553-586.
Evans, David S. (1986), 'The Differential Effect of Regulation across Plant Size: Comment on Pashigian', 29 Journal of Law and Economics , 187-200.
Farber, Daniel A. (1986) , 'From Plastic Trees to Arrow's Theorem', 19 University of Illinois Law Review , 337 ff. Reprinted in Cardozo Law Review, 1987, 643-683.
Farber, Daniel A. (1989) , 'Review Essay: Environmentalism, Economics and the Public Interest', 41 Stanford Law Review , 1021-1043.
Farber, Daniel A. (1992) , 'Politics and Procedure in Environmental Law', 8 Journal of Law, Economics, and Organization , 59-81.
Fare, Rolf, Grosskopf, Shawna and Pasurka, C. (1989), 'The Effect of Environmental Regulations on the Efficiency of Electric Utilities: 1969 versus 1975', 21 Applied Economics , 225-235.
Faure, Michael (1990), 'Milieubescherming door aansprakelijkheidsrecht of regulering (Protecting the Environment through Liability Law or Regulation)', 39(10) Ars Aequi , 759-769.
Faure, Michael (1993) , (G)een schijn van kans. Beschouwingen over het statistisch causaliteitsbewijs bij milieugezondheidsschade, inauguration , Antwerpen, Maklu.
Faure, Michael (1994), 'The EC Directive on Drinking Water: Institutional Aspects', in Bergman, L. and Pugh, D.M. (eds.), Environmental Toxicology, Economics and Institutions , Dordrecht, Kluwer Academic Publishers, 39-87.
Faure, Michael (1994), 'Eerstingebruikneming in het Milieurecht: een Rechtseconomische Analyse', in Raes, Koen and Willekens, H. (eds.), Economische Verklaringen van het Recht , Den Haag, VUGA, 147-178.
Faure, Michael (1995), 'The Limits to Insurability from a Law and Economics Perspective', ??? Geneva Papers on Risk and Insurance , 454-462.
Faure, Michael (1995), 'Economic Models of Compensation for Damage Caused by Nuclear Accidents: Some Lessons for the Revision of the Paris and Vienna Conventions', ??? European Journal of Law and Economics , 21-43.
Faure, Michael (1996) , 'Economic Aspects of Environmental Liability: An Introduction', ??? European Review of Private Law , 85-109.
Faure, Michael and Hartlief, T. (1996b) , 'Compensation Funds versus Liability and Insurance for Remedying Environmental Damage', ??? Review of European Community and International Environmental Law , 321-326.
Faure, Michael and Heine, Günter (1991) , 'The insurance of fines: the case of oil pollution', 16 Geneva Papers on Risk and Insurance , 39-58.
Faure, Michael and Lefevere, J (1995) , 'Protecting Drinking Water Quality against Contamination by Pesticides: An Alternative Regulatory Framework', ??? Review of European Community and International Environmental Law , 321-326.
Faure, Michael and Lefevere, J (1996) , 'The Draft Directive on Integrated Pollution Prevention and Control: an Economic Perspective', ??? European Environmental Law Review , 112-122.
Faure, Michael and Ruegg, M. (1994) , 'Standard Setting through General Principles of Environmental Law', in Faure, Michael, Vervaele, J. and Weale, A. (eds.), Environmental Standards in the European Union in an Interdisciplinary Framework , Antwerpen, Maklu, 39-60.
Faure, Michael and Skogh, Göran (1992) , 'Compensation for damages caused by nuclear accidents: A convention as insurance', ??? Geneva Papers on Risk and Insurance , 499-513.
Faure, Michael and Van den Bergh, Roger (1990) , 'Liability for Nuclear Accidents in Belgium from an Interest Group Perspective', 10 International Review of Law and Economics , 241-254.
Faure, Michael, Van den Bergh, Roger and Lefevere, J (1996a) , 'The subsidiarity principle in European environmental law: an economic analysis', in Eide, Erling and Van Den Bergh, Roger (eds.), Law and economics of the environment , Oslo, Juridisk Forlag, 121-166.
Feinstein, Jonathan S. (1989) , 'The Safety Regulation of U.S. Nuclear Power Plants: Violations, Inspections, and Abnormal Occurrences', 97 Journal of Political Economy , 115-154.
Felder, St. (1989), 'Sind Externalitäten in jeden Fall zu internalisieren? (Are Externalities Always to Internalize?)', 125 Schweizerische Zeitschrift für Volkswirtschaft und Statistik , 189-193.
Field, Barry C. (1994) , Environmental Economics: an Introduction , New York, McGraw-Hill.
Finsinger, Jorg (1996) , 'The Basic Arguments Relating to Public Guarantee Funds for Insurance', in Heremans, Dirk and Cousy, H. (eds.), Essays in Law and Economics III, Financial Markets and Insurance , Antwerpen, Maklu, 243-271.
Fischel, William A. (1975), 'Fiscal and Environmental Considerations in the Location of Firms in Suburban Communities', in Mills, Edwin S. and Oates, Wallace E. (eds.), Fiscal Zoning and Land Use Controls , Lexington (MA), Lexington Books.
Fischel, William A. (1979), 'Determinants of Voting on Environmental Quality: A Study of a New Hampshire Pulp Mill Referendum', 6 Journal of Environmental Economics and Management , 107-118.
Fischel, William A. (1982), 'The Urbanization of Agricultural Land: A Review of the National Agricultural Lands Study', 58 Land Economics , 236-259.
Fischel, William A. (1985) , The Economics of Zoning Laws: A Property Rights Approach to American Land Use Controls , Baltimore (MD), John Hopkins University Press.
Fischel, William A. (1995), 'Zoning and the Urban Environment', in Bromley, Daniel W (ed.), Handbook of Environmental Economics , Oxford, Blackwell.
Fishel, William A. (1980) , 'Externalities and Zoning', 35 Public Choice , 37-43.
Fisher, Anthony C. (1981), Resource and Environmental Economics , Cambridge, Cambridge University Press, 284 p.
Foster, Vivien and Hahn, Robert W. (1995), 'Designing More Efficient Markets: Lessons from Los Angeles Smog Control', 38 Journal of Law and Economics , 19-48.
Fraas, Arthur and McGartland, Albert M. (1990), 'Alternative Fuels for Pollution Control: An Empirical Evaluation of Benefits and Costs', 8(1) Contemporary Policy Issues , 62-74.
Frank, Jürgen (1981), 'Kollektive oder Individuelle Steuerung der Umwelt (Collective or Individual Control of the Environment?)', Kritische Justiz , 36-55.
Frech, H. Edward III (1979), 'The Extended Coase Theorem and Long Run Equilibrium: The Non-Equivalence of Liability Rules and Property Rights', 27(1) Economic Inquiry , 254-268.
Frech, H. Edward III (1982), 'The California Coastal Commissions: Economic Impacts', in Johnson, Bruce M. (ed.), Resolving the Housing Crisis: Government Policy, Decontrol and the Public Interest , Ballinger, 259-274.
Frech, H. Edward III and Comanor, William S. (1985), 'The Competitive Effects of Vertical Agreements', 75(3) American Economic Review , 539-546. Reprinted in Journal of Reprints of Antitrust Law and Economics, vol. 10 (1).
Frech, H. Edward III and Comanor, William S. (1987), 'The Competitive Effects of Vertical Agreements: Reply', 77(5) American Economic Review , 1069-1072.
Frech, H. Edward III and Springer, Robert F. (1986), 'Deterring Fraud: The Role of Resale Price Maintenance', 59(3) Journal of Business , 433-450.
Frech, H.Edward III and Lafferty, Ronald N. (1976), 'The Economic Impact of the California Coastal Commission: Land Use and Land Values', in Johnson, Bruce M. (ed.), The California Coastal Plan: A Critique , Institute for Contemporary Studies, 69-91.
Frech, H.Edward III and Lafferty, Ronald N. (1978), 'Community Environment and the Market Value of Single-Family Homes: The Effect of Dispersion of Land Uses', 21 Journal of Law and Economics , 381-396.
Frech, H.Edward III and Lafferty, Ronald N. (1984), 'The Effect of the California Coastal Commission on Housing Prices', 16 Journal of Urban Economics , 105-123.
Freeman, Alan (1997) , 'Economics, Incentives, and Environmental Regulation', in Vig, N.J. and Kraft, M.E. (eds.), Environmental Policy in the 1990s, Reform or Reaction?, third edition , Washington: D.C., 187-207.
Frey, Brumo S. (1992) , Umweltökonomie, third edition , Göttingen, Vandenhoeck & Ruprecht.
Frey, Rene L. (1987), 'Wirtschaftswachstum und Umweltqualitat: Auf der Suche nach einer neuen Wachstumspolitik (Economic Growth and Environmental Quality: In Search of a New Growth Policy)', 123 Schweizerische Zeitschrift für Volkswirtschaft und Statistik , 289-315.
Frey, René L. and Leu, Robert E. (1987), 'Waldsterben: von der naturwissenschaftlichen Analyse zur Umweltpolitik (The Death of the Forest: From a Natural Sciences Analysis to Environmental Policy)', 39 Wirtschaft und Recht , 58-72.
Fuller, Dan A. (1987), 'Compliance, Avoidance, and Evasion: Emissions Control Under Imperfect Enforcement in Steam- Electric Generation', 18 Rand Journal of Economics , 124-137.
Gardner, M. (1990) , 'Results of a Case Control Study of Leukaemia and Lymphoma among Young People near Sellafield Nuclear Plant in West-Cumbria', British Medical Journal , 423-434.
Gardner, Richard L. and Young, Robert A. (1988), 'Assessing Strategies for Control of Irrigation Induced Salinity in the Upper Colorado River Basin', 70 American Journal of Agricultural Economics , 37-49.
Georg, Susse, Ropke, Inge and Jorgensen, Ulrik (1992), 'Clean Technology Innovation and Environmental Regulation', 2(6) Environmental and Resource Economics , 533-550.
Gimpel-Hinteregger, Monika (1994), Grundfragen der Umwelthaftung (Fundamental Issues in Environmental Liabiltiy) , Vienna, Manz.
Ginsburg, Douglas H. (1979), 'Making Automobile Regulation work: Policy Options and a Proposal', in Ginsburg, D. and Abernathy, W. (eds.). Reprinted in 2 Harv. J.L. & Pub. Pol. 73.
Goldberg, Victor P. (1994) , 'Recovery for Economic Loss following the Exxon Valdez Oil Spil', Journal of Legal Studies , 1-39.
Goldin, Ian and Winters, L. Alan (eds.) (1995), The economics of sustainable development , Cambridge, Cambridge University Press, 314 p.
Gollop, Frank M. and Roberts, Mark J. (1985), 'Cost-minimizing Regulation of Sulfur Emissions: Regional Gains in Electric Power', 67 Review of Economics and Statistics , 81-90.
Gomez-Pomar, Fernando (1995), La responsabilidad por daño ecológico: ventajas, costes y alternativas (Environmental Torts: Advantages, Costs and Alternatives) , Madrid.
Gordon, Roberta G. (1986), 'Legal Incentive for Reduction, Reuse, and Recycling: A New Approach to Hazardous Waste Management', 95 Yale Law Journal , 810-831.
Graham, John D. and Wiener, Jonathan Baert (eds.) (1995), Risk vs. Risk: Tradeoffs in Protecting Health and the Environment , Cambridge (MA), Harvard University Press.
Gravelle, Hugh S.E. (1987) , 'Accidents, Taxes, Liability Rules and Insurance', ??? The Geneva Papers on Risk and Insurance , 115-131.
Gren, Ing-Marie and Kaitala, Veijo T. (1997), 'Supervising Skill Information and Violation of Environment Regulations', 17 International Review of Law and Economics , 395-407.
Gupta, S., Van Houtven, G. and Cropper, Maureen L. (1995) , 'Do Benefits and Costs Matter in Environmental Regulation? An Analysis of EPA Decisions under Superfund', in Revesz, Richard L. and Stewart, R. (eds.), Analyzing Superfund: Economics, Science, and Law , 83-111.
Hafner, Gerhard (1987), Seerechtliche Verteilung von Nutzungsrechten (The Assignment of Property Rights on the Sea) , New York, Springer Publishers, 533 p.
Hahn, Robert W. (1988), 'Jobs and Environmental Quality: Some Implications for Instrument Choice', 20 Policy Sciences , 289-306.
Hahn, Robert W. (1989), 'Economic Prescriptions for Environmental Problems: How the Patient Followed the Doctor's Orders', 3(2) Journal of Economic Perspectives , 95-114.
Hahn, Robert W. (1989), 'A New Approach to the Design of Regulation in the Presence of Multiple Objectives', 17 Journal of Environmental Economics and Management , 195-211.
Hahn, Robert W. (1989), A Primer on Environmental Policy Design , New York, Harwood Academic, 135 p.
Hahn, Robert W. (1990), 'Regulatory Constraints on Environmental Markets', 42 Journal of Public Economics , 149-175.
Hahn, Robert W. (1990), 'The Political Economy of Environmental Regulation: Towards a Unifying Framework', 65 Public Choice , 21-47.
Hahn, Robert W. (1994), 'United States Environmental Policy: Past, Present and Future', 34(2) Natural Resources Journal , 305-348.
Hahn, Robert W. and Hester, Gordon L. (1989) , 'Where Did All The Markets Go? An Analysis of EPA's Emissions Trading Programme', 6 Yale Journal on Regulation , 109-153.
Hahn, Robert W. and Noll, R. (1983) , 'Barriers to Implementing Tradeable Air Pollution Permits: Problems of Regulatory Interaction', 1 Yale Journal on Regulation , 63-91.
Hahn, Robert W. and Stavins, R.N. (1991) , 'Incentive-Based Environmental Regulation: A New Era for an Old Idea?', 18(1) Ecology Law Quarterly , 1-42.
Hamilton, James T. and Viscusi, W. Kip (1995), 'The Magnitude and Policy Implications of Health Risks from Hazardous Waste Sites', in Revesz, Richard L. and Stewart, R. (eds.), Analyzing Superfund: Economics, Science, and Law , 55-82.
Hansson, Ingemar and Skogh, Göran (1987) , 'Moral Hazard and Safety Regulation', ??? Geneva Papers on Risk and Insurance , 132-144.
Harl, Neil E. (1991), 'Financing Agriculture under Changing Environmental Regulation: Discussion', 73(5) American Journal of Agricultural Economics , 1407-1409.
Harris, Richard A. and Milkis, Sidney M. (1989), The Politics of Regulatory Change: A Tale of Two Agencies , Oxford, Oxford University Press, 331 p.
Harrison, D. and Rubinfeld, Daniel L. (1978) , 'Hedonic House Prices and the Demand for Clean Air', 5 Journal of Environmental Economics and Management , 81-102.
Hartman, Raymond S. (1982), 'A Note on Externalities and the Placement of Property Rights: An Alternative Formulation to the Standard Pigouvian Results', 2 International Review of Law and Economics , 111-118.
Hartman, Raymond S., Bozdogan, Kirkor and Nadkarni, Ravindra M. (1979), 'The Economic Impacts of Environmental Regulations on the U.S. Copper Industry', 10 Bell Journal of Economics , 589-618.
Hausman, J.A. (1993) , Contingent Valuation: A Critical Assessment , Amsterdam, North-Holland.
Hawkins, Keith O. (1984) , Environment and Enforcement , Oxford, Oxford University Press, 253 p.
Hayes, Douglas L. (1990), 'Police and Regulatory Power vs. Pecuniary Interests: The Bankrupt Hazardous Waste Site Owner Faces the Music. United States v. Nicolet, Inc., 857 F.2d 202 (3d Cir. 1988)', 30 Natural Resources Journal , 423-437.
Hazilla, Michael and Kopp, Raymond J. (1990), 'Social Cost of Environmental Quality Regulations: A General Equilibrium Analysis', 98 Journal of Political Economy , 853-873.
Heijman, Willem J. M. and Shechter, Mordechai (1993), 'Market Incentives and Environmental Regulation: Theoretical Issues, Case Studies and Policy Considerations: Introduction', 3(3) Environmental and Resource Economics , 217-220.
Helm, Dieter (1993), 'The Assessment: Reforming Environmental Regulation in the UK', 9(4) Oxford Review of Economic Policy , 1-13.
Helm, Dieter and Pearce, David W. (1990) , 'Assessment: Economic Policy towards the Environment', 6 Oxford Review of Economic Policy , 1-16.
Hendrickson, Christina (1988), 'Abandonment of Hazardous Waste Sites in the Course of Bankruptcy Proceedings', 28 Natural Resources Journal , 189-198.
Hoch, I and Drake, J. (1974) , 'Wages Climate and the Quality of Life', 1 Journal of Environmental Economics and Management , 268-295.
Hoehn, John P. (1993), 'New Work on the Benefits of Environmental Regulation: Discussion', 75(5) American Journal of Agricultural Economics , 1280-1282.
Hogan, William W. (1990), 'CO2 Emission Limits: An Economic Analysis for the USA: Comments', 11(2) Energy Journal , 75-85.
Howarth, R.B. and Norgaard, R.B. (1992) , 'Environmental Valuation under Sustainable Development', 82(2) American Economic Association , 473-477.
Hrezo, Margaret S. and Hrezo, William E. (1984) , 'Judicial Regulation of the Environment under Posner's Economic Model of the Law', 18 Journal of Economic Issues , 1071-1091.
Hrubovcak, James, Leblanc, Michael and Miranowski, John (1990), 'Limitations in Evaluating Environmental and Agricultural Policy Coordination Benefits', 80 American Economic Review. Papers and Proceedings , 208-212.
Huang, Chung-Huang (1996), 'Hierarchical Government, Environmental Regulations, Transfer Payments, and Incomplete Enforcement', in Mendelsohn, Robert and Shaw, Daigee (eds.) The Economics of Pollution Control in the Asia Pacific, The Economics of Pollution Control in the Asia Pacific , 253-272.
Huang, Chung-Huang (1996), 'Effectiveness of Environmental Regulations under Incomplete Enforcement and the Firm's Avoidance Behavior', 8 Environmental and Resource Economics , 182-204.
Huber, Peter (1983) , 'The old-new Division in Risk Regulation', 63 Virginia Law Review , 1025 ff.
Huppes, Gjalt (1988), 'New Instruments for Environmental Policy: A Perspective', 15(3-4) International Journal of Social Economics , 42-50.
Ingene, Charles A. and Yu, Eden S.H. (1989), 'Optimal Intervention Policies for a Region Facing Pollution Induced Uncertainty', 23(1) Annals of Regional Science , 3-18.
Iten, R., Maggi, R., Schelbert-Syfrig, Heidi and Zimmerman, Andreas J. (1989), 'There is no such thing as a free lunch', 125 Schweizerische Zeitschrift für Volkswirtschaft und Statistik .
Jaffe, Adam B. and others (1995) , 'Environmental Regulation and the Competitiveness of U.S. Manufacturing: What Does the Evidence Tell Us?', 33 Journal of Economic Literature , 132-163.
James, D., Janssen, H and Opschoor, J.b. (1978) , Economic Approaches to Environmental Problems: Techniques and Results of Empirical Analysis , Amsterdam, Elsevier.
Jeppesen, Tim (1995), 'Milj¢politiske muligheder i EF (Framing Environmental Policy in the EC)', Nordisk Administrativt Tidsskrift 1995 .
Johansson, Per-Olov (1990) , 'Valuing Environmental Damage', 6 Oxford Review of Economic Policy , 34-50.
Johnson, Ronald D. and Libecap, Gary D. (1982), 'Contracting Problems and Regulation: The Case of the Fishery', 72 American Economic Review , 1005-1022.
Johnston, George M., Freshwater, David and Favero, Philip (eds.) (1988), Natural Resource and Environmental Policy Analysis , Boulder (CO), Westview Press, 282 p.
Johnston, J.J. (1995), 'Bargaining under Rules versus Standards', Journal of Law, Economics, and Organization , 256-281.
Jones, Carl Adaire and Scotchmer, Suzanne (1990), 'The Social Cost of Uniform Regulatory Standards in a Hierarchical Government', 19 Journal of Environmental Economics and Management , 61-72.
Jones, Jonathan D., Jones, Christopher L., Phillips Patrick and Fred (1994), 'Estimating the Costs of the Exxon Valdez Oil Spill', 16 Research in Law and Economics , 109-149.
Jost, Peter J. (1992) , Schadensausgleich und Präventivwirkung im neuen deutschen Umwelthaftungsrecht. Eine ökonomische Analyse (Damage Compensation and Preventive Effects of the New German Environment Liability Laws. An Economic Analysis) , Basel, Wirtschaftswissenschaftliches Zentrum Sonderdruck 10.
Jost, Peter J. (1996) , 'Limited Liability and the Requirement to Purchase Insurance', ??? International Review of Law and Economics , 259-276.
Joyce, Theodore J., Grossman, Michael and Goldman, Fred (1989), 'An Assessment of the Benefits of Air Pollution Control: The Case of Infant Health', 25 Journal of Urban Economics , 32-51.
Joyce, Theodore, Grossman, Michael and Goldman, Fred (1989), 'An Assessment of the Benefits of Air Pollution Control: The Case of Infant Health', 25 Journal of Urban Economics , 32-51.
Kambhu, John (1990) , 'Direct Controls and Incentives Systems of Regulation', 18(S) Journal of Environmental Economics and Management , 72-85.
Kaplow, Louis and Shavell, Steven (1996), 'Property Rules versus Liability Rules: An Economic Analysis', 109 Harvard Law Review , 713-790.
Kapp, W. (1970) , 'Environmental Disruption and Social Costs, a Challenge to Economics', 23 Kyklos , ???-???.
Kapp, W. and Smith, Abbie (1992) , Valuing Natural Assetts , Washington.
Katzman, Martin T. (1987), 'Environmental Risk Management Through Insurance', 6 Cato Journal , 775-799.
Katzman, Martin T. (1988) , 'Pollution Liability Insurance and Catastrophic Environmental Risk', 55 Journal of Risk and Insurance , 75-100.
Kaye, David (1982) , 'The Limits of the Preponderence of the Evidence Standard: Justifiable Naked Statistical Evidence and Multiple Causation', ??? American Bar Foundation Research Journal , 487-516.
Keenan, Donald C. and Rubin, Ph. (1988) , 'Shadow Interest Groups and Safety Regulation', ??? International Review of Law and Economics , 21-36.
Kehne, Jeffrey (1986), 'Encouraging Safety Through Insurance-Based Incentives: Financial Responsibility for Hazardous Wastes', 96 Yale Law Journal , 403-427.
Kennedy, Peter (1994), 'Innovation stochastique et cout de la reglementation environnementale (With English summary) (Stochastic Innovation and Cost of Environmental Regulation)', 70(2) L'actualité Economique , 199-209.
Kerkmeester, Heico (1993), 'De betekenis van het Waarschijnlijkheidsbegrip voor de Aansprakelijkheid uit Onrechtmatige Daad: Meijers Geactualiseerd', 6111 WPNR , 767-773.
Klaus, J. (1987), 'Umweltökonomie und Umweltpolitik (Environmental Economics and Environmental Politics)', in Wenz, E., Issing, O. and Hofmann, H. (eds.), Oekologie, Oekonomie und Jurisprudenz , München, Florentz.
Klerman, Daniel (1991), 'Earth First? CERCLA Reimbursement Claims and Bankruptcy', 58 University of Chicago Law Review , 795-822.
Kneese, Allan V. (1977) , Economics of the Environment , New York, Penguin Books.
Kneese, Allan V. and Schultze, Charles L. (1975), Pollution, Prices and Public Policy , Brookings, Washington D.C., 125 p.
Kolb, J.A. and Scheraga, Joel D. (1990) , 'Discounting the Benefits and Costs of Environmental Regulations', 9 Journal of Policy Analysis and Management , 381-390.
Kolstad, Charles D. (1986), 'Empirical Properties of Economic Incentives and Command-and-Control Regulations for Air Pollution Control', 62 Land Economics , 250-268.
Kolstad, Charles D. (1987) , 'Uniformity versus Differentiation in Regulating Externalities', 14 Journal of Environmental Economics and Management , 386-399.
Kolstad, Charles D., Ulen, Thomas S. and Johnson, Gary V. (1990) , 'Ex Post Liability for Harm vs. Ex Ante Safety Regulation: Substitutes or Complements?', 80 American Economic Review , 888-901.
Körber, Achim (1995) , 'Standards and Taxes in Environmental Law from a Public Choice Perspective', in Bouckaert, Boudewijn and De Geest, Gerrit (eds.), Essays in Law and Economics II: Contract Law, Regulation, and Reflections on Law & Economics , Antwerpen, Maklu, 161-191.
Kornhauser, Lewis A. and Revesz, Richard L. (1995), 'Evaluating the Effects of Alternative Superfund Liability Rules', in Revesz, Richard L. and Stewart, R. (eds.), Analyzing Superfund: Economics, Science, and Law .
Krutilla, J.V. (1967), 'Conservation Reconsidered', 57 American Economic Review , 777-786.
Krutilla, J.V. and Fischer, A. (1985) , The Economics of Natural Environments: Studies in The Valuation of Commodity and Amenity Resources, revised edition, , Washington, Resources for the Future.
Krutilla, Kerry, Viscusi, W. Kip and Boyd, Roy G. (1995), 'Environmental Taxation for Environmental Regulation and Fiscal Policy: An Analysis of a Clinton Type BTU Tax', 8(1) Journal of Regulatory Economics , 5-22.
Kulp, J. Laurence (1990), 'Acid Rain: Causes, Effects, and Control', 13(1) Regulation , 41-50.
Kunreuther, Howard (1968), 'The Case for Comprehensive Disaster Insurance', 11 Journal of Law and Economics , 133-163.
Kunreuther, Howard (1984), 'Causes of Underinsurance against Natural Disasters', 9 Geneva Papers on Risk and Insurance , 206-220.
Kunreuther, Howard (1987), 'Problems and Issues of Environmental Liability Insurance', 12 Geneva Papers on Risk and Insurance , 180-197.
Kunreuther, Howard (1989), 'Towards an Integrated Waste Management Program', 14 Geneva Papers on Risk and Insurance , 99-103.
Kunreuther, Howard and Easterling, Douglas (1990), 'Are Risk- Benefit Tradeoffs Possible in Siting Hazardous Facilities?', 80 American Economic Review. Papers and Proceedings , 252-256.
Kunreuther, Howard and Gowda, R. (1990) , Integrating Insurance and Risk Management for Hazardous Wastes , Dordrecht, Kluwer Academic Publishers.
Kunzman, Steven A. (1985), 'The Insurer as Surrogate Regulator of the Hazardous Waste Industry: Solution or Perversion', 20 Forum , 169-188.
Landes, William M. and Posner Richard A. (1983) , 'Causation in Tort Law: an Economic Approach', ??? Journal of Legal Studies , 109-134.
Landes, William M. and Posner Richard A. (1984) , 'Tort Law as a Regulatory Regime for Catastrophic Personal Injuries', ??? Journal of Legal Studies , 417-434.
Landy, Marc K., Roberts, Mark J. and Thomas, Stephen R. (1990), The Environmental Protection Agency: Asking the Wrong Questions , Oxford, Oxford University Press, 309 p.
Lee, D.R. (1985) , 'Rent-Seeking and its Implications for Pollution Taxation', ??? Southern Economic Journal , 731-744.
Lehmann, Michael (1991), 'Umwelthaftungsrecht dient der Internalisierung negativer Extemalitäten, Kommentar (Environmental Liability Law Is to Internalize Negative Externalities. A Comment)', in Ott, Claus and Schäfer, Hans-Bernd (eds.), Ökonomische Probleme des Zivilrechts , Berlin, Springer, 290-294.
Lehmann, Michael (1992), 'Umwelthaftungsrecht. Ein Beitrag zur Internalisierung von negativen Externen Effekten (Environmental Liability Law)', in Schulz (ed.), Ökologie und Recht , Köln, Berlin, Bonn, München, Carl Heymanns Verlag, 81-89.
Leidig, Guido (1984), 'Aspekte einer Ökologisch-ökonomischen Rechtswissenschaft (Aspects of an Ecologic-Economic Jurisprudence)', 39(7) Universitas , 759-765.
Leidig, Guido (1984), Ökologisch-ökonomische Rechtswissenschaft (Ecologic-Economic Jurisprudence) , Frankfurt/M., Bern, New York.
Leidig, Guido (1991), 'Perspektiven einer Ökologisch-ökonomischen Rechtswissenschaft (Perspectives of an Ecologic-Economic Oriented Jurisprudence)', in Voigt, R. (ed.), Das Recht und seine Wissenschaft 3. ed. , Siegen, 105-122.
Levmore, Saul and Stuntz, William J. (1990), 'Remedies and Incentives in Private and Public Law: A Comparative Essay', Wisconsin Law Review , 483-499.
Libecap, Gary D. and Wiggings, Steven N. (1984) , 'Contractual Responses to the Common Pool: Pro-rationing of Crude Oil Production', 74 American Economic Review , 87-98.
Lichtenberg, Erik and Zilberman, David (1985), 'Efficient Regulation of Environmental Health Risks: The Case of Groundwater Contamination in California', 39 Ricerche Economiche , 540-549.
Lichtenberg, Erik and Zilberman, David (1988), 'Efficient Regulation of Environmental Health Risks', 103 Quarterly Journal of Economics , 167-178.
Lichtenberg, Erik, Parker, Douglas D. and Zilberman, David (1988), 'Marginal Analysis of Welfare Costs of Environmental Policies: The Case of Pesticide Regulation', 70 American Journal of Agricultural Economics , 867-874.
Lichtenberg, Erik, Zilberman, David and Bogen, Kenneth T. (1989), 'Regulating Environmental Health Risks under Uncertainty: Groundwater Contamination in California', 17 Journal of Environmental Economics and Management , 22-34.
Lieu, T.S. (1986), 'Impacts of Air Pollution Control Costs: An Input Output Approach', 20(2) Annals of Regional Science , 55-65.
Livingston, Marie Leigh (1987), 'Evaluating the Performance of Environmental Policy: Contributions of Neoclassical, Public Choice, and Institutional Models', 21 Journal of Economic Issues , 281-294.
Luken, Ralph A. (1991), Efficiency in Environmental Regulation , Dordrecht, Kluwer, 400 p.
Lyndon, Mary L. (1989), 'Information Economics and Chemical Toxicity: Designing Laws to Produce and Use Data', 87 Michigan Law Review , 1795-1861.
MacKaay, Ejan (1990), 'Analyse Economique des Règles du Droit Civil Relatives à la Protection de l'Environnement', in Poupart, André (eds.), Catastrophes Ecologiques et Incidences Juridique , Montréal, Université de Montréal, Faculté de Droit, 51-59.
MacKaay, Ejan and Trudeau, Hélène (eds.) (1995), L'environnement - À quel prix? (Protecting the Environment - At What Price?) , Montréal, Éditions Thémis.
Magat, Wesley A. and Viscusi, W. Kip (1990), 'Effectiveness of the EPA's Regulatory Enforcement: The Case of Industrial Effluent Standards', 33 Journal of Law and Economics , 331-360.
Magoulas, Georgios (1986), 'Privatrechtlicher Immissionsschutz, Wucher und ökonomische Analyses des Rechts (Civil Law Protection against Harmfull Effects on the Environment, Usury and Economic Analysis)', in Simon, Jürgen (ed.), Regulierungsprobleme im Wirtschaftsrecht , Neuwied und Darmstadt, Luchterhand, 1-24.
Makdisi, J. (1989) , 'Proportional Liability: a Comprehensive Rule to Aportion Tort Damages Based on Probability', North Carolina Law Review , 1063 ff.
Maler, Karl Goran (1977) , 'A Note on the Use of Property Values in Estimating Marginal Willingness to Pay for Environmental Quality', 4 Journal of Environmental Economics and Management , 355-369.
Maler, Karl Goran and Olsson, Clas (1990), 'The Cost Effectiveness of Different Solutions to the European Sulpher Problem', 17 European Review of Agricultural Economics , 153-166.
Maloney, Michael T. and Brady, Gordon L. (1988), 'Capital Turnover and Marketable Pollution Rights', 31 Journal of Law and Economics , 203-226.
Maloney, Michael T. and McCormick, Robert E. (1982), 'A Positive Theory of Environmental Quality Regulation', 25 Journal of Law and Economics , 99-123.
Maloney, Michael T. and Yandle, Bruce (1984), 'Estimation of the Cost of Air Pollution Control Regulation', 11 Journal of Environmental Economics and Management , 244-263.
Manne, Alan S. and Richels, Richard G. (1991), 'International Trade in Carbon Emission Rights: A Decomposition Procedure', 81 American Economic Review. Papers and Proceedings , 135-139.
Marino, Anthony M. (1995), 'Are Safety and Environmental Performance Standards Optimal Regulatory Instruments?', 8(2) Journal of Regulatory Economics , 167-179.
Matsukawa, Isamu, Fujii, Yoshifumi and Madono, Seishi (1993), 'Price, Environmental Regulation, and Fuel Demand: Econometric Estimates for Japanese Manufacturing Industries', 14(4) Energy Journal , 37-56.
Mattei, Ugo (1985), 'I modelli nella tutela dell'ambiente (The Models for the Protection of the Environment)', 2 Rivista di diritto civile , 389-427.
Mattei, Ugo and Pulitini, Francesco (eds.) (1994), Consumatore, ambiente, concorrenza - Analisi economica del diritto (Consumer, environment, competition - Economic analysis of law) , Milano, Giuffrè.
McConnell, Virginia D. and Schwab, Robert M. (1990), 'The Impact of Environmental Regulation on Industry Location Decisions: The Motor Vehicle Industry', 66 Land Economics , 67-81.
McGarity, Thomas O. (1983), 'Media Quality, Technology, and Cost Benefit Balancing Strategies for Health and Environmental Regulation', 46(3) Law and Contemporary Problems , 159-233.
McKean, Roland N. (1980) , 'Enforcement Costs in Environmental and Safety Regulation', 6 Policy Analysis , 261-290.
McSweeny, William T. and Shortle, James S. (1990), 'Probabilistic Cost Effectiveness in Agricultural Nonpoint Pollution Control', 22 Southern Journal of Agricultural Economics , 95-104.
Mendelsohn, Robert (1986), 'Regulating Heterogeneous Emissions', 13 Journal of Environmental Economics and Management , 301-312.
Menell, Peter S. (1991) , 'The Limitations of Legal Institutions for Addressing Environmental Risks', 5(3) Journal of Economic Perspectives , 93-113.
Meran, Georg (1988), 'Zur Kontroverse uber die Wettbewerbswirkungen eines Umweltlizenzmarktes (The Controversy on the Competition on a Market for Environmental Licenses)', 108 Zeitschrift für Wirtschafts- und Sozialwissenschaften , 439-450.
Meran, Georg and Schwalbe, Ulrich (1987), 'Pollution Control and Collective Penalties', 143 Journal of Institutional and Theoretical Economics , 616-629.
Mercuro, Nicholas, Lopez, Franklin and Preston, Kristian (1994), Ecology, Law and Economics , Lanham, (MD), University Press of America, 204 p.
Meyer, Richard and Yandle, Bruce (1987), 'The Political Economy of Acid Rain', 7 Cato Journal , 527-545.
Miceli, Thomas J. and Segerson, Kathleen (1993), 'Regulating Agricultural Groundwater Contamination: A Comment', 25 Journal of Environmental Economics and Management , 196-200.
Miceli, Thomas J. and Segerson, Kathleen (1995), 'Government Regulation and Compensation for Takings: Implications for Agriculture', 77 American Journal of Agricultural Economics , 1177-1182.
Michelman, Frank I. (1971) , 'Pollution as a Tort: A Non-Accidental Perspective on Calabresi's Costs', 85 Yale Law Journal , 647-686.
Milliman, Scott R. and Prince, Raymond (1989), 'Firm Incentives to Promote Technological Change in Pollution Control', 17 Journal of Environmental Economics and Management , 247-265.
Mills, Edwin S. (ed.) (1975), Economic Analysis of Environmental Problems , New York, National Bureau of Economic Research, 472 p.
Mishaen, E.J (1971a) , 'The Post War Literature on Externalities: an Interpretative Essay', 9 Journal of Economic Literature , 1-25.
Mishaen, E.J (1971b) , 'Pangloss on Pollution', 73 Swedish Journal of Economics , 113-120.
Mishaen, E.J (1974), Cost-Benefit Analysis: an Informal Introduction, Second Edition , London, Allen and Unwin.
Mishaen, E.J. (1974), 'The Economics of Disamenity', 14 Natural Resources Journal , 55-86.
Mitchell, Robert Cameron and Carson, Richard T. (1986), 'Property Rights, Protest, and the Siting of Hazardous Waste Facilities', 76 American Economic Review. Papers and Proceedings , 285-290.
Mohr, Ernst (1990), 'Courts of Appeal, Bureaucracies and Conditional Project Permits: The Role of Negotiating Non- Exclusive Property Rights Over the Environment', 146 Journal of Institutional and Theoretical Economics , 601-616.
Montgomery, David W. (1972) , 'Markets in Licenses and Efficient Pollution Control', 5 Journal of Economic Theory , 395-418.
Moore, J., Parker, L, Blottget, J.E., McCarthy, J.E and Gushee, D.E. (1989) , Using Incentives for Environmental Protection, An Overview , Washington.
Moore, T.P. (1961) , 'The Purpose of Licensing', ??? Journal of Law and Economics , 93-117.
Munch, Patricia and Smallwood, D. (1980), 'Solvency Regulation in the Property-Liability Insurance Industry: Empirical Evidence', 11 Bell Journal of Economics , 261-279.
Musger, Gottfried (1991), 'Ökonomische Analyse der Umwelthaftung (Economic Analysis of Environmental Liability)', in Haureich, Hanspeter and Schwarzer, Stephan (eds.), Umwelthaftung , Vienna, Austrian Economic Publishers Company, 22-41.
Nelson, Barbara J. (1978) , Economic Analysis of Transportation Noise Abatement , Cambridge (MA), Ballinger.
Nelson, Randy A., Tietenberg, Tom H. and Donihue, Michael R. (1993), 'Differential Environmental Regulation: Effects on Electric Utility Capital Turnover and Emissions', 75(2) Review of Economics and Statistics , 368-373.
Nentjes, Andries (1990), 'Van wie is het milieu? (Who Owns the Environment?)', 39(10) Ars Aequi , 706-713.
Nentjes, Andries (1991), 'Enforcement of Environmental Regulation', in Weigel, Wolfgang (ed.), Economic Analysis of Law - A Collection of Applications , Vienna, Österreichischer Wirtschaftsverlag, 54-65.
Nestor, Deborah Vaughn and Pasurka, Carl A., Jr. (1995), 'CGE Model of Pollution Abatement Processes for Assessing the Economic Effects of Environmental Policy', 12(1) Economic Modelling , 53-59.
Nestor,Deborah Vaughn and Pasurka, Carl A., Jr. (1995), 'Alternative Specifications for Environmental Control Costs in a General Equilibrium Framework', 48(34) Economics Letters , 273-280.
Ng, Lawrence (1989), 'A DrasticApproach to Controlling Groundwater Pollution', 98 Yale Law Journal , 773-791.
Nichols, Albert L. (1984) , Targetting Economic Incentives for Environmental Protection , Cambridge (MA), MIT Press.
Nichols, Elizabeth and Wildavsky, Aaron (1987) , 'Nuclear Power Regulation: Seeking Safety, Doing Harm?', 11(1) Regulation , 45-53.
Noll, R. (1982) , 'The Feasability of Marketable Emissions Permits in the United States', in Stewart, R.B. and Krier, J.B. (eds.), Environmental Law and Policy , Virginia, Charlottesville, 116-128.
Noll, Roger G. and Krier, James E. (1990), 'Some Implications of Cognitive Psychology for Risk Regulation', 19 Journal of Legal Studies , 747-779.
Nowell,-Clifford and Shogren, Jason F. (1995), 'Challenging the Enforcement of Environmental Regulation', 6(3) Journal of Regulatory Economics , 265-282.
Oates, Wallace E (1976) , 'Book review The Uncertain Search for Environmental Quality', 124(3) University of Pennsylvania Law Review , 864-891.
Oates, Wallace E (1983) , 'The Regulation of Externalities: Efficient Behaviour by Sources and Victims', 38(3) Public Finance , 362-375.
Oates, Wallace E (1986) , 'Market Incentives for Environmental Protection: A Survey of Some Recent Developments', in Peston, M. and Quandt, R. (eds.), Prices, Competition, and Equilibrium , London, Philip Allen, 251-267.
Oates, Wallace E (ed.) (1991), The Economics of the Environment , Aldershot, Edward Elgar, 608 p.
Oates, Wallace E (1994) , 'Environment and Taxation: the Case of the United States', in X (ed.), OECD Documents, Environment and Taxation: the Cases of the Netherlands, Sweden and the United States , Paris, OECD.
Oates, Wallace E (1996) , The Economics of Environmental Regulation , Brookfield, Edward Elgar.
Oates, Wallace E and Baumol , William J. (1975) , 'The Instruments for Environmental Pollution', in Mills, Edwin S. (ed.), Economic Analysis of Environmental Problems , New York, National Bureau of Economic Research, 95-128.
Oates, Wallace E and Collinge, Robert A. (1982) , 'Efficiency in Pollution Control in the Short and Long Runs: a System of Rental Emission Permits', 15(2) Canadian Journal of Economics , 346-354.
Oates, Wallace E and McGartland, Albert M. (1985) , 'Marketable Permits for the Prevention of Environmental Deterioration', 12(3) Journal of Environmental Economics and Management , 207-228.
Oates, Wallace E and McGartland, Albert M. (1985b) , 'Marketable Pollution Permits and Acid Rain Externalities: a Comment and Some Further Evidence', 18(3) Canadian Journal of Economics , 668-675.
Oates, Wallace E and Schwab, Robert M. (1988) , 'Economic Competition among Jurisdictions: Efficiency Enhancing or Distortion Inducing?', 35 Journal of Public Economics , 333-354.
Oates, Wallace E and Schwab, Robert M. (1996), 'The Theory of Regulatory Federalism: The Case of Environmental Management', in Oates, Wallace E (ed.)The Economics of Environmental Regulation, The Economics of Environmental Regulation , Brookfield, Edward Elgar, 319-331.
Oates, Wallace E, Crupnik, A.J. and Van de Verg, E. (1983) , 'On Markettable Air Pollution Permits: the Case for a System of Pollution Offsets', 10(3) Journal of Environmental Economics and Management , 233-247.
Oates, Wallace E., Portney, Paul R. and McGartland, Albert M. (1989) , 'The Net Benefits of Incentive-Based Regulation: A Case Study of Environmental Standard Setting', 79 American Economic Review , 1233-1242.
Ogus, Anthony I. (1994a) , 'Standard Setting for Environmental Protection: Principles and Processes', in Faure, Michael, Vervaele, J. and Weale, A. (eds.), Environmental Standards in the European Union in an Interdisciplinary Framework , Antwerpen, Maklu, 23-37.
Ogus, Anthony I. (1994b) , Regulation. Legal Form and Economic Theory , Oxford, Oxford Clarendon Press.
Ogus, Anthony I. (1995) , 'Quality Control for European Regulation', 2 Maastricht Journal of European and Comparative Law , 325-338.
Ogus, Anthony I. (1997) , 'Risk Management and "Rational" Social Regulation', in Baldwin, R. (ed.), Law and Uncertainty: Risks and Legal Processes , The Hague, Kluwer Law International, 139-153.
Olson, Lars J. (1990), 'The Search for a Safe Environment: The Economics of Screening and Regulating Environmental Hazards', 19 Journal of Environmental Economics and Management , 1-18.
Opaluch, James J. (1993), 'New Work on the Benefits of Environmental Regulation: Discussion', 75(5) American Journal of Agricultural Economics , 1283-1285.
Ott, Claus and Schäfer, Hans-Bernd (1993), 'Unternehmenspublizität, Umweltschadensbilanz und Haftung für Unternehmen', in Ott, C. and Schäfer, H.-B. (eds.), Ökonomische Analyse des Unternehmensrechts , Heidelberg, Physica, 217 ff.
Panther, Stephan (1991), 'Zivilrecht und Umweltschutz (Civil Law and Environmental Protection)', in Ott, Claus and Schäfer, Hans-Bernd (eds.), Ökonomische Probleme des Zivilrechts , Berlin, Springer, 267-289.
Pashigian, B. Peter (1984), 'The Effect of Environmental Regulation on Optimal Plant Size and Factor Shares', 27 Journal of Law and Economics , 1-28.
Pashigian, B. Peter (1986), 'Reply to Evans', 29 Journal of Law and Economics , 201-209.
Pate-Cornell, M.E. (1987) , 'Risk Analysis and Relevance of Uncertainties in Nuclear Safety Decisions', in Bailey, Elizabeth E. (ed.), Public Regulation: New Perspectives on Institutions and Policies. MIT Press Series on the Regulation of Economic Activity, no. 14 , Cambridge (MA), MIT Press, 227-253.
Paulus, A. (1995) , The Feasibility of Ecological Taxation , Antwerpen, Maklu.
Pearce, David W. (1976) , Environmental Economics , London, Langman, 202 p.
Pearce, David W. (1976), 'The Limits of Cost Benefit Analysis as a Guide to Environmental Policy', 29 Kyklos , 97-112.
Pearce, David W. and Turner, K.R. (1990) , Economics of Natural Resources and the Environment , New York, Harvester Wheatsheaf.
Peeters, M. (1992) , Marktconform Milieurecht? Een Rechtsvergelijkende Studie naar de Verhandelbaarheid van Vervuilingsrechten ((Market Oriented Environmental Law? A Comparative Legal Study into the Tradeability of Pollution Rights) , Zwolle, Tjeenk Willink.
Peltzman, Sam and Tideman, T. Nicolaus (1972) , 'Local v. National Pollution Control: Note', ??? Dec. American Economic Review , ???-???.
Pelzman, S. (1976) , 'Toward a more General Theory of Regulation', 19 Journal of Law and Economics , 211-240.
Pennings, Joost, Heijman, Willem J. M. and Meulenberg, Matthew (1997), 'The Dimensions of Rights: A Classification of Environmental Rights and Production Rights', 4 European Journal of Law and Economics , 55-71.
Persky, Allan (1988), 'Abatement of Pollution in Models with Stochastic Penalties', 55 Southern Economic Journal , 463-471.
Persky, Allan (1989), 'An Uncertain Fine for Pollution as a Fixed Cost that Affects Output', 33(1) American Economist , 24-27.
Peskin, Henry M., Portney, Paul R. and Kneese, Allan V. (eds.) (1981), Environmental Regulation and the U.S. Economy , Baltimore (MD), John Hopkins University Press, 163 p.
Point, Patrick (1990), 'Entreprises, normes d'environnement et incitations à reduire les delais de mise en conformité (Firms, Environmental Standards and Incentives to Promote Compliance)', 100 Revue d'économique politique , 260-282.
Polinsky, A. Mitchell (1979) , 'Controlling Externalities and Protecting Entitlements: Property Right, Liability Rule, and Tax-Subsidy Approaches', 8 Journal of Legal Studies , 1-48.
Polinsky, A. Mitchell and Shavell, Steven (1994), 'A Note on Optimal Cleanup and Liability after Environmentally Harmful Discharges', 16 Research in Law and Economics , 17-24.
Polinsky, Mitchell A. and Shavell, Steven (1994), 'A Note on Optimal Cleanup and Liability After Environmentally Harmful Discharges', 16 Research in Law and Economics , 17-24.
Pollak, Robert A. (1995), 'Regulating Risks', 33 Journal of Economic Literature , 179-191.
Pommerehne, Werner W. (1988) , 'Measuring Environmental Benefits: A Comparison of Hedonic Technique and Contingent Valuation', in Bös, D., Rose, M. and Seidl, Chr. (eds.), Welfare and Efficiency in Public Economics , Berlin, Springer, 363-400.
Portney, Paul R. (1990) , Public Policies for Environmental Protection , Washington, Resources for the Future.
Pozzo, Barbara (1996), 'The Liability Problem in Modern Environmental Statutes', 4 European Review of Private Law , 111-144.
Pozzo, Barbara (1996), Danno ambientale ed imputazione della responsabilità. Esperienze giuridiche a confronto (Environmental damage and charge of liability. Legal experiences compared) , Milano, Giuffrè.
Priest, W. Curtiss (1988), Risks, Concerns, and Social Regulation: Forces that Led to Laws on Health, Safety, and the Environment , Boulder (CO), Westview Press, 204 p.
Probst, K.N. (1995), 'Evaluating the Impact of Alternative Superfund Financing Schemes', in Revesz, Richard L. and Stewart, R. (eds.), Analyzing Superfund: Economics, Science, and Law , 145-168.
Quiggin, John (1988), 'Private and Common Property Rights in the Economics of the Environment', 22 Journal of Economic Issues , 1071-1087.
Quinn, Robert and Yandle, Bruce (1986), 'Expenditures on Air Pollution Control under Federal Regulation', 16(3) Review of Regional Studies , 11-16.
Rabe, Barry G. (1995), 'Integrating Environmental Regulation: Permitting Innovation at the State Level', 14(3) Journal of Policy Analysis and Management , 467-472.
Rahim, Khalid Abdul and Braden, John B. (1993), 'Welfare Effects of Environmental Regulation in an Open Economy: The Case of Malaysian Palm Oil', 44(1) Journal of Agricultural Economics , 25-37.
Rajah, Najma and Smith, Stephen (1993), 'Taxes, Tax Expenditures, and Environmental Regulation', 9(4) Oxford Review of Economic Policy , 41-65.
Ramseyer, J. Mark (1996), Odd Markets In Japanese History: Law and Economic Growth , New York, Cambridge University Press.
Rauscher, Michael (1995), 'Environmental Regulation and the Location of Polluting Industries', 2(2) International Tax and Public Finance , 229-244.
Repetto, Robert, 'Trade and Sustainable Development', 1 UNEP, Environment and Trade Series .
Requate, Till (1993), 'Equivalence of Effluent Taxes and Permits for Environmental Regulation of Several Local Monopolies', 42(1) Economics Letters , 91-95.
Revesz, R. (1992) , 'Rehabilitating Interstate Competition: Rethinking the Race to the Bottom Rational for Federal Environmental Regulation', 67 New York University Law Review , 1210-1254.
Revesz, Richard L. (1996) , 'Federalism and Interstate Environmental Externalities', 144 University of Pennsylvania Law Review , ???-???.
Revesz, Richard L. (1997) , Foundations of Environmental Law and Policy , New York (NY), Oxford University Press.
Revesz, Richard L. and Kornhauser, Lewis A. (1995), 'Rehabilitating Interstate Competition. Rethinking the 'Race To the Bottom' Rationale for Federal Environmental Regulation: The Effects of Alternative Superfund Liability Rules', 67 New York University Law Review , 1210 ff. Reprinted in 25 Land Use & Environment Law.
Revesz, Richard L. and Stewart, Richard B. (1995) , 'The Superfund Debate', in Revesz, Richard L. and Stewart, R. (eds.), Analyzing Superfund: Economics, Science, and Law , Washington (D.C.), Resources for the Future, 3-24.
Richardson, Genevra, Burrows, Paul and Ogus, Anthony I. (1982) , Policing Pollution: A Study of Regulation and Enfocement , Oxford, Clarendon, 204 p.
Rizzo, Mario J. and Arnold, Frank S. (1980) , 'Causal Aportionment in the Law of Torts: an Economic Theory', ??? Columbia Law Review , 1399-1429.
Rizzo, Mario J. and Arnold, Frank S. (1986) , 'Causal Aportionment: Reply to the Critics', ??? Journal of Legal Studies , 219-226.
Rob, Rafael (1989), 'Pollution Claim Settlements under Private Information', 47 Journal of Economic Theory , 307-333.
Robinson, Glen O. (1985) , 'Probabilistic Causation and Compensation for Tortuous Risk', ??? Journal of Legal Studies , 779-798.
Roemer, Andrès (1989), Análisis Económico-Jurídico de le Acuacultura de Camerón, el caso mexicano (Economic Analysis of Shrimp Market in Mexico) , Mexico, UNAM.
Roemer, Andrès (1996), Economía y Derecho: Políticas Públicas del Agua (Economics and Law: Public Policy of Water) , Centro de Investigación y Docencia Económica, la Sociedad Mexicana de Geografía y Estadística and Porrùa.
Rose-Ackerman, Susan (1977) , 'Market Models for Water Pollution Control: their Strength and Weaknesses', 25 Public Policy , 383-406.
Rose-Ackerman, Susan (1991), 'Tort Law in the Regulatory State', in Schuck, Peter H. (ed.), Tort Law and the Public Interest: Competition, Innovation, and Consumer Welfare , New York, W.W. Norton, 80-104.
Rose-Ackerman, Susan (1991), 'Regulation and the Law of Torts', 81 American Economic Review. Papers and Proceedings , 54-58.
Rose-Ackerman, Susan (1992a) , Re-thinking the Progressive Agenda, the Reform of the American Regulatory State , New York (NY), The Free Press.
Rose-Ackerman, Susan (1992b) , 'Environmental Liability Law', in Tietenberg, Tom H. (ed.), Innovation in Environmental Policy, Economic and Legal Aspects of Recent Developments in Environmental Enforcement and Liability , Brookfield, Edward Elgar, 223-243.
Rose-Ackerman, Susan (1995a) , 'Public Law Versus Private Law in Environmental Regulation: European Union Proposals in the Light of United States and German Experience', 4 Review of European Community and International Environmental Law , 312-332.
Rose-Ackerman, Susan (1995b) , Controlling Environmental Policy: the Limits of Public Law in Germany and the United States , New Haven (CT), Yale University Press.
Rose-Ackerman, Susan (1996) , 'Public Law versus Private Law in Environmental Regulation: European Union Proposals in the Light of United States and German Experiences', in Eide, Erling and Van Den Bergh, Roger (eds.), Law and economics of the environment , Oslo, Juridisk Forlag, 13-39.
Rosenberg, David (1984) , 'The Causal Connection in Mass Exposure Cases: a 'Public Law' Vision of the Tort System', ??? Harvard Law Review , 851-929.
Ross, H. Laurence (1973), 'Law, Science and Accidents: The British Road Safety Act of 1967', 2 Journal of Legal Studies , 1-78.
Roumasset, James A. and Smith, Kirk R. (1990), 'Exposure Trading: An Approach to More Efficient Air Pollution Control', 18 Journal of Environmental Economics and Management , 276-291.
Runge, Carlisle Ford (1987), 'Induced Agricultural Innovation and Environmental Quality: The Case of Groundwater Regulation', 63 Land Economics , 249-258.
Russell, Clifford S. (1990) , 'Monitoring and Enforcement', in Portney, Paul R. (ed.), Public Policies for Environmental Protection , Washington, D.C.: Resources for the Future, 243-274.
Russell, Clifford S., Harrington, W. and Vaughan, William J. (1986) , Enforcing Pollution Control Laws , Washington, Resources for the Future.
Sagoff, Mark (1981) , 'Economic Theory and Environmental Law', 79 Michigan Law Review , 1393 ff.
Sagoff, Mark (1988) , The Economy of the Earth: Philosophy, Law, and the Environment , Cambridge, Cambridge University Press, 271 p.
Sajó, András (1986), 'A környezetszennyezés leküzdését célzó gazdasági jogi eszközök (The Economic Law Devices in Order to Defeat the Pollution)', 4 Allam- és Jogtudomány , 545-568.
Sajó, András (1987), 'Környezetvédelmi jogunk továbbfejlesztéséröl (On the Improvement of Our Laws on the Protection of the Environment)', 5 Jogtudományi Közlöny , 213-220.
Salazar, Debra J. (1989), 'Regulatory Policies and Environment: State Regulation of Logging Practices', 12 Research in Law and Economics , 95-117.
Samuels, Warren J. (1972), 'Ecosystem Policy and the Problem of Power', 2 Environmental Affairs , 580-596. Reprinted in Samuels, Warren J. and Schmid, A. Allen (eds.), Law and Economics: An Institutional Perspective, Boston, Nijhoff, 1981.
Sartzetakis, Eftichios S. (1994), 'Permis d'emission negociables et reglementation dans des marches de concurrence imparfaite (Tradeable Emission Permits and Command and Control under Imperfect Competition with English summary)', 70(2) L'actualité Economique , 139-158.
Sartzetakis, Eftichios S. and Constantatos, Christos (1995), 'Environmental Regulation and International Trade', 8(1) Journal of Regulatory Economics , 61-72.
Schelbert-Syfrig, Heidi and Zimmermann, Andreas J. (1988), 'Konkurrenz und Umweltschutz. Wald und Holzwirtschaft zwischen Okonomie und Okologie (Competition and Environ ment Protection. Forest and Forestry Between Economics and Ecology)', 124 Schweizerische Zeitschrift für Volkswirtschaft und Statistik , 289-302.
Schelbert-Syfrig, Heidi, Lang, Th., Buse, I., Henzman, J., Maggi, R. and Iten, R. (1988), Wertvolle Umwelt (Valuable Environment) , Zurich, Schriftenreihe Wirtschaft und Gesellschaft der Zürcher Kantonalbank, September.
Schelling, Thomas C. (1983) , 'Prices as Regulatory Instruments', in Schelling, Thomas C. (ed.), Incentives for Environmental Protection , Cambridge (MA), MIT Press, 1-40.
Schelling, Thomas C. (ed.) (1983) , Incentives for Environmental Protection , Cambridge (MA), MIT Press, 355 p.
Schkade, David A. and Payne, John W. (1994), 'How People Respond to Contingent Valuation Questions: A Verbal Protocol Analysis of Willingness to Pay for an Environmental Regulation', 26(1) Journal of Environmental Economics and Management , 88-109.
Schoenbrod, D. (1996) , 'Why States, not EPA, Should Set Pollution Standards', 4 Regulation , 18-25.
Schulenburg, J. Matthias Graf Von Der (1978), 'Moral Hazard and its Allocative Effects under Market Insurance and Compulsory Insurance', 4 Munich Social Science Review , 83-97.
Schulenburg, J. Matthias Graf Von Der (1986), 'Optimal Insurance Purchasing in the Presence of Compulsory Insurance and Uninsurable Risks', 11 Geneva Papers on Risk and Insurance , 5-16.
Schultze, Charles L. (1977) , The Public Use of Private Interest , Washington, Brookings Institution.
Schwartz, Gary T. (1987), 'A Proposal for Tort Reform: Reformulating Uninsured Motorist Plans', 48 Ohio State Law Journal , 419-442.
Schwarzer, Stephan (1984), 'Die Änderung der Gewerbeordnung durch das Umweltfondsgesetz - eine versäumte Gelegenheit (The Amendment of the Industrial Code via the Environmental Funds Act - a Foregone Chance)', Österreichische Zeitschrift für Wirtschaftsrecht , 11-16.
Schwarzer, Stephan (1985), 'Zur Lastenverteilung im österreichischen Luftreinhaltungsrecht (Sharing the Burden in Austrian Clean Air Regulation)', UPR , 305-314.
Schwarzer, Stephan (1987), 'Die Finanzierung des Umweltschutzes im österreichischen Wirtschaftsrecht (On Financing Environment Protection in Austrian Commercial Regulations)', in Marko, Joseph and Scholz, Armin (eds.), Demokratie und Wirtschaft, Studien zu Politik und Verwaltung , Vienna - Cologne - Graz, 209-237.
Schwarzer, Stephan (1987), 'Wirtschaftslenkung durch das Umweltrecht? (Commercial Regulation via Environmental Law?)', Österreichische Zeitschrift für Wirtschaftsrecht , 101-110.
Schwarzer, Stephan (1989), 'Gedanken zur Effizienz und Effektivität des österreichischen Umweltrecht (Thoughts on the Efficiency and Effectiveness of Austrian Environmental Regulations)', Wirtschaftspolitische Blätter , 454-462.
Schwarzer, Stephan (1992), Die Genehmigung von Betriebsanlagen (The Approval of Plants) , Vienna.
Schwarzer, Stephan (1992), 'Der Umgang mit Altlasten in Österreich (The Treatment of Containments in Austria)', in Edmung Brandt (ed.), Altlasten. Bewertung - Sanierung - Finanzierung (3d ed.) , Taunusstein, 282--298.
Schwarzer, Stephan (1993), 'Rechtsprobleme der Verringerung der CO2-Emissionen von Kleinfeuerungsanlagen - luftreinhaltungsrechtliche und energierechtliche Aspekte (Legal Problems of Reduction od Carbondioxide in Small Furnances)', XXXJahresbericht 1992 der Österreichischen CO2-Kommission. Akademie für Umwelt und Energie , 243-257.
Schwarzer, Stephan (1993), 'Nationale und internationale Verpackungsreglementierung als Unternehmensdatum (National and International Regulations on Packages as a Constraint for Entrepreneurship)', Österreichische Zeitschrift für Wirtschaftsrecht , 16-23.
Schwarzer, Stephan (1995), 'Die Bedeutung der Richtlinie der EU über Verpackungen und Verpackungsabfälle für die österreichische Abfallpolitik (The Consequences of the EU-Directive about Packages and Package-Wast for the Austrian Waste-Disposal Policy)', Österreichische Zeitschrift für Wirtschaftsrecht , 97-104.
Schwarzer, Stephan (1995), 'Marktwirtschaftliche Instrumente als Alternative zum Ordnungsrecht in der Umweltpolitik? (Market-Prone Instruments as Substitute for Directives in Environmental Policy?)', Wirtschaftspolitische Blätter , 317-325.
Schwarzer, Stephan (1996), 'Die Beschleunigung von Genehmigungsverfahren als wirtschafts- und umweltpolitisches Anliegen - zugleich ein Vorwort (The Acceleration of Approval-Processes as a Policy-Issue - a Preface)', in Schwarze, Stehan (ed.), Die Beschleunigung von Genehmigungsverfahren für Betriebsanlagen - Möglichkeiten nach geltendem Recht und Reformansätze , in Druck.
Segerson, Kathleen and Tietenberg, Thomas (1992) , 'Defining Efficient Sanctions', in Tietenberg, Tom H. (ed.), Innovation in Environmental Policy, Economic and Legal Aspects of Recent Developments in Environmental Enforcement and Liability , Brookfield, Edward Elgar, 53-73.
Shavell, Steven (1980), 'An Analysis of Causation and the Scope of Liability in the Law of Torts', ??? Journal of Legal Studies , 463-516.
Shavell, Steven (1984a) , 'Liability for Harm versus Regulation of Safety', 13 Journal of Legal Studies , 357-374.
Shavell, Steven (1984b) , 'A Model of the Optimal Use of Liability and Safety Regulation', 15 Rand Journal of Economics , 271-280.
Shavell, Steven (1985) , 'Uncertainty over Causation and the Determination of Civil Liability', ??? Journal of Law and Economics , 587-609.
Shavell, Steven (1986), 'The Judgment Proof Problem', 6 International Review of Law and Economics , 45-58.
Shavell, Steven (1987), 'The Optimal Use of Nonmonetary Sanctions as a Deterrent', 77 American Economic Review , 584-592.
Shavell, Steven (1992) , 'Liability and the Incentives to Obtain Information about Risk', ??? Journal of Legal Studies , 259-270.
Shaw, Daigee (1992), 'Controlling Environmental Externalities: Pigouvian Tax vs. Strict Liability', Humanities and Social Sciences , 35-44.
Shaw, Daigee (1995), Translation of T. L. Anderson and R. Leal's Free Market Environmentalism. , Taipei: Chu Liu Book Company.
Shortle, James S. and Dunn, James W. (1986), 'The Relative Efficiency of Agricultural Source Water Pollution Control Policies', 68 American Journal of Agricultural Economics , 668-677.
Shortle, James S. and Willett, Keith D. (1986), 'The Incidence of Water Pollution Control Costs: Partial vs. General Equilibrium Computations', 17(2) Growth and Change , 32-43.
Singer, S. Fred (1990), 'Environmental Strategies with Uncertain Science', 13(1) Regulation , 65-70.
Sjones, Carol Adaire and Scotchmer, Suzanne (1990), 'The Social Cost of Uniform Regulatory Standards in a Hierarchical Government', 19 Journal of Environmental Economics and Management , 61-72.
Skogh, Göran (1982) , 'Public Insurance and Accident Prevention', 2 International Review of Law and Economics , 67-80.
Skogh, Göran (1989), 'The Combination of Private and Public Regulation of Safety', in Faure, Michael and Van Den Bergh, Roger (eds.), Essays in Law and Economics. Corporations, Accident Prevention and Compensation for Losses , Antwerpen, Maklu, 87-101.
Skogh, Göran (1989), 'The Transactions Cost Theory of Insurance, Contract Impediments and Costs', ??? Journal of Risk and Insurance , 726-732.
Skogh, Göran and Rehme, D. (1998) , 'An Economic Analysis of a Swedish Environmental Liability Case', ??? European Journal of Law and Economics , 167-177.
Smith, Douglas A. and Vodden, Keith (1989), 'Global Environmental Policy: The Case of Ozone Depletion', 15 Canadian Public Policy , 413-423.
Smith, V. Kerry and Desvousges, William H. (1988), 'The Valuation of Environmental Risks and Hazardous Waste Policy', 64 Land Economics , 211-219.
Snyder, James M., Jr. (1992), 'Politics and Procedure in Environmental Law: Comments', 8 Journal of Law, Economics, and Organization , 90-92.
Solomon, Lewis D. and Freedberg, Bradley S. (1990), 'The Greenhouse Effect: A Legal and Policy Analysis', 20 Environmental Law , 83 ff.
Spence, David B. (1995), 'Paradox Lost: Logic, Morality and the Foundations of Environmental Law in the 21st Century', 20 Columbia Journal of Environmental Law , 145-182.
Sprinz, Detlef and Vaahtoranta, Tapani (1994), 'The Interest Based Explanation of International Environmental Policy', 48(1) International Organization , 77-105.
Spulber, Daniel F. (1988), 'Optimal Environmental Regulation under Asymmetric Information', 35 Journal of Public Economics , 163-181.
Stahel, W.R. (1997) , 'Some Thoughts on Sustainability, Insurability and Insurance', ??? Geneva Papers on Risk and Insurance , 477-495.
Stanton, Timothy J. and Whitehead, John C. (1994), 'Special Interests and Comparative State Policy: An Analysis of Environmental Quality Expenditures', 20(4) Eastern Economic Journal , 441-452.
Starret, David A. and Zeckhauser, Richard (1974), 'Treating External Diseconomies - Markets or Taxes?', in Pratt, J.W. (ed.), Statistical and Mathematical Aspects of Pollution , New York, Dekker, 65-84.
Stephan, G. (1988) , 'Economic Impact of Emission Standards: a Computational Approach to Waste Water Treatment in Western Europe', in Bös, D., Rose, M. and Seidl, Chr. (eds.), Welfare and Efficiency in Public Economics , Berlin, Springer, 401-422.
Stewart, Richard B. (1981) , 'Regulation, Innovation and Administrative Law: a Conceptual Framework', ??? California Law Review , 1268-1273.
Stewart, Richard B. (1988) , 'Controlling Environmental Risks Through Economic Incentives', 13 Columbia Journal of Environmental Law , 153-169.
Stewart, Richard B. (1993), 'Environmental Regulation and International Competitiveness', 102(8) Yale Law Journal , 2039-2106.
Stewart, Richard B. (1995) , 'Liability for Natural Resource Injury: Beyond Tort', in Revesz, Richard L. and Stewart, R. (eds.), Analyzing Superfund: Economics, Science, and Law , 219-247.
Stokey, E. and Zeckhauser, R. (1978) , A Primer for Policy Analysis , New York, Norton.
Stroup, Richard L. (1988), 'Environmental Policy', 12(3) Regulation , 43-49.
Sunstein, Cass R. (1993) , 'Endogenous Preferences, Environmental Law', 22 Journal of Legal Studies , 217-254.
Sunstein, Cass R. (1995) , 'Reinventing the Regulatory State', 62 University of Chicago Law Review , 3-129.
Sunstein, Cass R. (1996), 'Health-Health Tradeoffs', 63 University of Chicago Law Review , 1533-1571.
Sunstein, Cass R. (1996), 'The Cost-Benefit State', Chicago Programme in Law and Economics Workin Paper no.39..
Svendsen, Gert Tinggaard (1994), 'Kvotemarked og kildeplacering (With English summary) (How Can the Spatial Dimension Be Incorporated in Environmental Regulation?)', 132(2) Nationalokonomisk Tidsskrift , 209-215.
Swaney, James A. (1987), 'Response-Ability of Environmental Controls', 21 Journal of Economic Issues , 911-919.
Swanson, Timothy M. (1991), 'Enforcement of Environmental Regulation', in Weigel, Wolfgang (ed.), Economic Analysis of Law - A Collection of Applications , Vienna, Österreichischer Wirtschaftsverlag, 67-78.
Thomas, Alban (1995), 'Regulating Pollution under Asymmetric Information: The Case of Industrial Wastewater Treatment', 28(3) Journal of Environmental Economics and Management , 357-373.
Thompson, Russell G. and Singleton, F. D., Jr. (1986), 'Wastewater Treatment Costs and Outlays in Organic Petrochemicals: Standards versus Taxes with Methodology Suggestions for Margin al CostPricing and Analysis', 22 Water Resources Research , 467-474.
Tiebout, Charles M. (1956) , 'A pure Theory of Local Expenditures', 64 Journal of Political Economy , 416-424.
Tietenberg, Thomas (1985) , Emissions Trading: an Exercise in Reforming Pollution Policy , Washington.
Tietenberg, Thomas (1989) , 'Indivisible Toxic Torts: The Economics of Joint and Several Liability', ??? Land Economics , 305-319.
Tietenberg, Tom H. (1990) , 'Economic Instruments for Environmental Regulation', 6 Oxford Review of Economic Policy , 17-33.
Tietenberg, Thomas (1992) , Environmental and Natural Resource Economics, third edition , New York, Harpers Collins.
Tietenberg, Tom H. (1994) , Economics and environmental policy , U.K., Aldershot, Elgar, New Horizons in Environmental Economics series, 390 p.
Todd, David (1992), 'Common Resources, Private Rights and Liabilities: A Case Study on Texas Groundwater Law', 32(2) Natural Resources Journal , 233-263.
Tolley, George, Graves, P.H.F and Blonquist, G.C. (1981) , Environmental Policy, Elements of Environmental Analysis, Vol. I , Cambridge (MA), Ballinger.
Trebilcock, Michael J. and Winter, Ralph A. (1997) , 'The Economics of Nuclear Accident Law', 17 International Review of Law and Economics , 215-243.
Tribe, Laurence H. (1974), 'Ways Not to Think About Plastic Trees: New Foundations For Environmental Law', 83 Yale Law Journal , 1315-1348.
Trimarchi, Pietro (ed.) (1994), Per una riforma della responsabilità civile per danno all'ambiente (The reform of tort law for environmental damage) , Milano, Giuffrè.
Tybout, Richard A. (1972) , 'Pricing Pollution and Other Negative Externalities', 3 Bell Journal of Economics , 252-266.
Tybout, Richard A. (1973), 'Pricing of Pollution: Reply the Coase Theorem in the Long Run: Reply', 4 Bell Journal of Economics , 320-321.
Tyran, Jean Robert and Zweifel, Peter (1993), 'Environmental Risk Internalization through Capital Markets (ERICAM): The Case of Nuclear Power', 13 International Review of Law and Economics , 431-444.
Ulen, Thomas S. (1992), 'Politics and Procedure in Environmental Law: Comments', 8 Journal of Law, Economics, and Organization , 82-89.
Ulen, Thomas S., Hester, Mark A. and Johnson, Gary V. (1985), 'Minnesota's Environmental Response and Liability Act: An Economic Justification', 15 Environmental Law Reporter , 101-109.
Van Den Bergh, P. (1994b) , 'The Subsidiarity Principle in European Community Law: Some Insights from Law and Economics', ??? Maastricht Journal of European and Comparative Law , 337-366.
Van Egteren, Henry (1992), 'State versus Federal Environmental Regulation in a Non cooperative Monopoly Screening Model', 23(2) Journal of Environmental Economics and Management , 161-178.
Viscusi, W. Kip (1983), 'Frameworks for Analyzing the Effects of Risk and Environmental Regulations on Productivity', 73 American Economic Review , 793-7801.
Viscusi, W. Kip (1984), 'Structuring an Effective Occupational Disease Policy: Victim Compensation and Risk Regulation', 2 Yale Journal on Regulation , 53-81.
Viscusi, W. Kip (1989), 'Toward a Diminished Role for Tort Liability: Social Insurance, Government Regulation, and Contemporary Risks to Health and Safety', 6 Yale Journal on Regulation , 65-107.
Visscher, L.T. and Kerkmeester, Heico O. (1996) , 'Kenbaarheidsvereiste en Gewoonte als verweren tegen een Aansprakelijkheidsactie: en Rechtseconomische Benadering', Tijdschrift voor Milieuaansprakelijkheid , 48-57.
Wagner, G. (1991) , 'Umwelthaftung und Versicherung', Versicherungsrecht , 249-260.
Wagner, G. (1992) , 'Die Zukunft der Umwelthaftpflichtversicherung', Versicherungsrecht , 261-272.
Wagner, G. (1996) , 'Umwelthaftung und Versicherung', in Ahrens, M. and Simon, J. (eds.), Umwelthaftung, Risikosteuerung und Versicherung , Berlin, Erich Schimdt Verlag, 97-146.
Walker, Jana L. and Gover, Kevin (1993), 'Commercial Solid and Hazardous Waste Disposal Projects on Indian Lands', 10(1) Yale Journal on Regulation , 229-262.
Walker, K.D., Sadowitz, M. and Graham, John D. (1995), 'Confronting Superfund Mythology: The Case of Risk Assessment and Management', in Revesz, Richard L. and Stewart, R. (eds.), Analyzing Superfund: Economics, Science, and Law , 25-54.
Wallace, Myles S., Watson, Sharon B. and Yandle, Bruce (1988), 'Environment Regulation: A Financial Markets Test', 28(1) Quarterly Review of Economics and Business , 69-87.
Walz, W. Rainer (1974), 'Marktbezogener Umweltschutz und privatrechtlicher Immissionsschutz - Kann Umweltökonomie einen Beitrag zur Funktionsbestimmung privatrechtlicher Immissionsschutzregeln leisten?' [Market Related Environmental Protection and Private Law Protection agai', XXXFunktionswandel der Privatrechtsinstitutionen, Festschrift für Ludwig Raiser , 185-222.
Ward, K.M. and Duffield, J.W. (1992) , Natural Resource Damages: Law and Economics , New York: John Wiley & Sons.
Weigel, Wolfgang (1997), 'How Well are the Authorities Suited to Prevent Damage to the Environment ?', 4 European Journal of Law and Economics , 23-39.
White, Michelle J. (1979), 'Suburban Growth Controls: Liability Rules and Pigovian Taxes', 8 Journal of Legal Studies , 207-230.
White, Michelle J. and Wittman, Donald A. (1983) , 'A Comparison of Taxes, Regulation, and Liability Rules under Imperfect Information', 12 Journal of Legal Studies , 413-425.
Wiersma, D. (1989), 'De efficiëntie van een marktconform milieubeleid (The Efficiency of an Environmental Policy in Accordance with Market Principles)', Dissertatie Groningen .
Williams, Stephen F. (1978), 'Running Out: The Problem of Exhaustible Resources', 7 Journal of Legal Studies , 165-199.
Wils, Wouter P.J. (1994), 'Subsidiarity and EC Environmental Policy: Taking People's Concerns Seriously', 6 Journal of Environmental Law , 81-91.
Wirl, Franz (1989), 'Impact of Environmental Regulation on Economic Activity Austria', 16 Empirica , 209-233.
Wittman, Donald A. (1977) , 'Prior Regulation versus Post Liability: The Choice Between Input and Output Monitoring', 6 Journal of Legal Studies , 193-211.
Wittman, Donald A. (1980) , 'First Come, First Served: An Economic Analysis of "Coming to Nuisance', Journal of Legal Studies , 557-568.
Wittman, Donald A. (1984), 'Liability for Harm or Restitution for Benefit?', 13 Journal of Legal Studies , 57-80.
Wittman, Donald A. and White, Michelle J. (1983) , 'A Comparison of Regulation and Liability Rules Under Imperfect Information', 12 Journal of Legal Studies , 413-426.
Worthen, Kevin J. (1989), 'The Last Shall Be First, and the First Last: Ruminations on the Past, Present and Future Course of Government Regulation of Hazardous Pollutants', Brigham Young University Law Review , 1113-1154.
X (1986), 'Note: Liability of Parent Corporations for Hazardous Waste Cleanup and Damages', 99 Harvard Law Review , 986-1003.
X (1992), 'Note: "Ask a Silly Question...": Contingent Valuation of Natural Resource Damages', 105 Harvard Law Review , 1981-2000.
Xing, Y. and Kolstad, Charles D. (1995) , 'Do Lax Environmental Regulations attract Foreign Investment?', University of Caifornia, Santa Barbara, Department of Economics, Working Paper in Economics, 6-95.
Yandle, Bruce (1989), The Political Limits of Environmental Regulation: Tracking the Unicorn , Westport, Greenwood, 180 p.
Yandle, Bruce (1989), 'Taxation, Political Action, and Super fund', 8 Cato Journal , 751-764.
Yeager, Peter C. (1992), 'The Politics of Efficiencies, the Efficiencies of Politics: States vs. Markets in Environmental Protection', 6(23) Critical Review , 231-253.
Yeh Jiunn-rong (1992), 'Selling Environmental Rights: From the Fifth Cracking Project to the Compensation Fund', (in Chinese)', 2(1) Humanities and Social Sciences , 17-34.
Yohe, Gary W. (1976) , 'Polluters' Profits and Political Response: Direct Control versus Taxes: Comment', 66 American Economic Review , 981-982.
Zeckhauser, R. (1996) , '19th Annual Lecture of the Geneva Association Insurance and Catastrophes', Geneva Papers on Risk and Insurance , 3-21.
Akerlof, G. (1970) , 'The Market for "Lemons": Quality, Uncertainty and the Market Mechanism', ??? Quarterly Journal of Economics , 488-500.
Auping, J.M. (1990), 'Causaliteitsproblemen bij Toxische Schadeveroorzaking. De Onbepaalbaarheid van Daders en Gelaedeerden', ??? Ars Aequi , 929-934.
Ayres, I. and Talley, E. (1995), 'Solomonic Bargaining: Dividing a Legal Entitlement to Facilitate Coasean Trade', ??? Yale Law Journal , 1027-1117.
Berg, Sanford V. (1995), 'Review of: Regulation and economic analysis: A critique over two centuries', 33 Journal of Economic Literature , 2010-2012.
Bocken, H. (1987) , 'Alternatives to Liability and Liability Insurance for the Compensation of Pollution Damages', Part I, Tijdschrift voor Milieuaansprakelijkheid , 83-87.
Bocken, H. (1988) , 'Alternatives to Liability and Liability Insurance for the Compensation of Pollution Damages', Part II, Tijdschrift voor Milieuaansprakelijkheid , 3-10.
Bocken, H. (1990) , 'Systèmes Alternatives pour l'Indemnisation des Dommages du à la Pollution', Revue Géneral des Assurances et des Responsabilités , 11698-11714.
Bocken, H. and Ryckbost, D. (eds.) (1991a) , Verzekering van Milieuschade, Insurance of Environmental Damage , Brussels, Story-Scientia.
Bocken, H. (1991b) , 'Complementary Compensation Mechanisms. A General Environmental Damage Fund?', in Bocken, H. and Ryckbost, D., (Eds.), Insurance of Environmental Damage, Brussels, Story-Scientia, 425-437.
Bocken, H. (1992) , 'La réparation des Dommages causées par la Pollution au Droit Belge. La Situation en 1992', Tijdschrift voor Belgisch Burgerlijk Recht , 284-327.
Bocken, H. (1993) , 'L'Assurance Responsabilité Civile pour Dommages causées par la Pollution', in Les Assurances de l'Entreprise, Actes du Collogues tenu à l'Université Libres des Bruxelles les 2 et 3 décembre 1993, Brussels, Bruylant.
Bocken, H. (1992), 'La réparation des Dommages causées par la Pollution au Droit Belge. La Situation en 1992', Tijdschrift voor Belgisch Burgerlijk Recht , 284-327.
Bocken, H. (1993), 'L'Assurance Responsabilité Civile pour Dommages causées par la Pollution', in X (ed.), Les Assurances de l'Entreprise, Actes du Collogues tenu à l'Université Libres des Bruxelles , Bruxelles, Bruylant.
Bond, V. (1981) , 'The Cancer Risk attributable to Radiation Exposure: Some Practical Problems', Health Physics , 108-111.
Bongaerts, Jan C. and Heinrichs, Dirk (1986), 'Deutsche Umweltschutzgesetze und Umweltschutzinvestitionen des produzierenden Gewerbes (German Environmental Protection Legislation and Environmental Investment by West German Manufacturing Industries)', 32(3) Konjunkturpolitik , 151-163.
Brown, J.P. (1973) , 'Toward an Economic Theory of Liability', ??? Journal of Legal Studies , 323-349.
Butler, Ann M. and Doherty, Neil A. (1991), 'Torts and Orbits: The Allocation of the Costs of Accidents Involving Spacecraft', 81 American Economic Review. Papers and Proceedings , 46-49.
Calabresi, Guido (1961) , 'Some Thoughts on Risk Distribution and the Law of Torts', ??? Yale Law Journal , 499-553.
Calabresi, Guido (1985) , 'Optimal Deterrence and Accidents', 84 Yale Law Journal , 656-671.
Calabresi, Guido and Melamed, D. (1972) , 'Property Rules, Liability Rules and Inalienability: One view of the Cathedral', 85 Harvard Law Review , 1089-1128.
Cousy, H. (1995) , 'Recent Developments in Environmental Insurance', in Abraham, F., Deketelaere, K. and Stuyck, J. (Eds.), Recent Economic Legal Developments in European Environmental Policy , Leuven, Leuven University Press, 227-241.
Estep, E. (1960) , 'Radiation Injuries and Statistics: The Need for a New Approach to Injury Litigation', ??? Michigan Law Review , 259-304.
Faure, Michael (1995), 'The Influence of Insurance on Liability Issues', in McGee, A. and Heusel, W., (Eds.), The Law and Practice of Insurance in the Single European Market , Series of Publications by the Academy of European Law in Trier, Vol. 11, 179-204.
Faure, Michael and Hartlief, T. (1996a), 'Towards an Expanding Enterprise Liability in Europe? How to Analyze the Scope of Liability of Industrial Operators and Their Insurers', 3 Maastricht Journal of European and Comparative Law , 235-270.
Faure, Michael and Van den Bergh, Roger (1987), 'Negligence, Strict Liability and Regulation of Safety under Belgian Law: An Introductory Economic Analysis', 12 Geneva Papers on Risk and Insurance , 95-114.
Faure, Michael and Van den Bergh, Roger (1989), 'Compulsory Insurance for Professional Liability', ??? Geneva Papers on Risk and Insurance , 308-330.
Faure, Michael and Van den Bergh, Roger (1989), Objectieve aansprakelijkheid, verplichte verzekering en veiligheidsregulering (Strict Liability, Mandatory Insurance and Safety Regulation) , Antwerpen, Maklu, 386 p.
Friedmann, L. (1984) , Micro Economic Policy Analysis , New York, McGraw-Hill.
Hankey, S. (1994) , 'Claims Made Policies and Choice of Law in the European Union', International Insurance Law Review , 267 p.
Henderson, James A. (1981), 'The New Zealand Accident Compensation Reform', 48 University of Chicago Law Review , 781-801. Reprinted in Rabin, Robert L. (ed.), Perspectives on Tort Law , Boston, Little Brown, 1983, 316-331.
Huber, Peter K. (1988), 'Mistaken Transfers and Profitable Infringement on Property Rights: An Economic Analysis', 49 Louisiana Law Review , 49-109.
Kaplow, Louis and Shavell, Steven (1995), 'Do Liability Rules Facilitate Bargaining? A Reply to Ayres and Talley', 105(1) Yale Law Journal , 221-233.
Karten, Walter (1997) , 'How to Expand the Limits of Insurability', ??? Geneva Papers on Risk and Insurance , 515-522.
Keeton, William R. and Kwerel, Evan (1984), 'Externalities in Automobile Insurance and the Underinsured Driver Problem', 27 Journal of Law and Economics , 149-179.
Ketchum, L. (1985) , 'Epidemiologic Tables Law Ground Work for Future Radiogenic Cancer Claims', ??? The Journal of Nuclear Medicine , 967-972.
Koch, Hans-Joachim (1983), 'Die wirtschaftliche Vertretbarkeit nachträglicher Anordnungen (The Economic Justification of Additional Orders)', Wirtschaft und Verwaltung , 158-173.
Kornhauser, Lewis A. and Revesz, Richard L. (1993), 'Settlements under Joint and Several Liability', 68 New York University Law Review , 427 ff.
Kornhauser, L.A. and Revesz, R.L. (1995), 'De Minimis Settlements under Superfund: An Empirical Study', in Revesz, R.L. and Stewart, R.B. (Eds.), Analyzing Superfund, Economics, Science, and Law, Washington (D.C.), Resources for the Future , 187-215.
Krier, James E. (1990), 'Risk and Design', 19 Journal of Legal Studies , 781-790.
Krutilla, Kerry (1994), 'Review of: The greening of world trade issues', 32 Journal of Economic Literature , 175-177.
Kunreuther, H., Hogarth, R. and Meszaros, J. (1993) , 'Insurer Ambiguity and Market Failure', 7 Journal of Risk and Uncertainty , 71-87.
Landes, W. and Posner, R. (1987) , The Economic Structure of Tort Law , Cambridge, Harvard University Press.
Lang, Winfried (1991), 'Comment (on Swanson, Enforcement of Environmental Regulation)', in Weigel, Wolfgang (ed.), Economic Analysis of Law - A Collection of Applications , Vienna, Österreichischer Wirtschaftsverlag, 80-82.
Letson, David and Setia, Parveen P. (1994), 'On farm Costs of Reducing Environmental Degradation under Risk', 9(2) Estudios Economicos , 163-187.
Lomas, O. (1989) , 'The Prosecution of Marine Oil Pollution Offences and the Practice of Insuring against Fines', 1 Journal of Environmental Law , 48-64.
Malfait, Jean-Jacques and Moyes, Patrick (1990), 'La gestion de la qualité de l'eau par les agences de bassin. Une tentative d'evaluation empirique (Water Pollution Control by the Basin Agencies: An Empirical Analysis)', 41(2) Revue économique , 395-410.
Meddler, F. and Moselely, R. (1985) , Medical Effects of Ionising Radiation , Orlando, Grune & Stratton.
Meinberg, Volker (1988), 'Empirische Erkentnissen zum Vollzug des Umweltstrafrechts (Empirical Insights Concerning the Enforcement of Environmental Criminal Law)', 100 Zeitschrift für die Gesamte Strafrechtswissenschaften , 112-157.
Mesterton Gibbons, Michael (1993), 'Game Theoretic Resource Modeling', 7(2) Natural Resource Modeling , 93-147.
Naughton, Michael C., Sebold, Frederick and Mayer, Thomas (1990), 'The Impacts of the California Beverage Container Recycling and Litter Reduction Act on Consumers', 24 Journal of Consumer Affairs , 190-220.
Pigou, A.C. (1951) , A Study in Public Finance , London, McMillan.
Posner, R. (1972) , 'A Theory of Negligence', ??? Journal of Legal Studies , 29-96.
Priest, G. (1987) , 'The Current Insurance Crisis and Modern Tort Law', ??? Yale Law Journal , 1521-1590.
Ramseyer, J. Mark (1996), Odd Markets In Japanese History: Law and Economic Growth , New York, Cambridge University Press.
Ross, H. Laurence (1973), 'Law, Science and Accidents: The British Road Safety Act of 1967', 2 Journal of Legal Studies , 1-78.
Schelbert-Syfrig, Heidi, Lang, Th., Buse, I., Henzman, J., Maggi, R. and Iten, R. (1988), Wertvolle Umwelt (Valuable Environment) , Zurich, Schriftenreihe Wirtschaft und Gesellschaft der Zürcher Kantonalbank, September.
Schulze, W. and D'Arge, R. (1974) , 'The Coase Proposition, Information Constraints, and Longrun Equilibrium', 74 American Economic Review , 763-772.
Schwartz, Gary T. (1987), 'A Proposal for Tort Reform: Reformulating Uninsured Motorist Plans', 48 Ohio State Law Journal , 419-442.
Shavell, Steven (1979) , 'On Moral Hazard and Insurance', ??? Quarterly Journal of Economics , 541-562.
Shavell, Steven (1980), 'Strict Liability versus Negligence', ??? Journal of Legal Studies , 1-25.
Shavell, Steven (1982) , 'On Liability and Insurance', 13 Bell Journal of Economics , 120-132.
Shavell, Steven (1987), Economic Analysis of Accident Law , Cambridge, Harvard University Press.
Simonich, William L. (1991), Government Antismoking Policies , New York, Peter Lang, 300 p.
Skogh, Göran and Stuart, Charles (1978), 'Liability, Insurance, and the Regulation of Traffic Accidents', in Skogh, Göran (ed.), Law and Economics. Report from a Symposium in Lund , Lund, Juridiska Föreningen, 203-210.
Spier, J. and Wansink, J.H. (1993) , 'Joint and Several Liability of DES Manufacturers: a Dutch Tort Crisis', ??? International Insurance Law Review , 176 pp.
Spier, J. and Haazen, O.A. (1996) , Aansprakelijkheidsverzekeringen op claims-made-grondslag , Deventer, Kluwer.
Stone, C. (1980) , 'The Place of Enterprise Liability in the Control of Corporate Conduct', ??? Yale Law Journal , 36-43.
Trebilcock, Michael J. (1989), 'Incentive Issues in the Design of No-Fault Compensation Systems', 39 University of Toronto Law Journal , 19-54.
Van den Bergh, R. (1994a) , Subsidiariteit rechtseconomisch bekeken. Adieu Bruxelles? , Arnhem, Gouda Quint.
Van den Broek, J.H.G. (1991), 'Nieuwe instrumenten voor energiebesparing' (New Instruments for Energy Savings), in Coljee, P.D., Franken, H., Heertje, A. and Kanning, W. (Eds.), Law and Welfare Economics, Symposium 24 October, VU Amsterdam, 59-76.
Van Mieghem, E. (1988) , Het kankerrisico bij professionele blootstelling aan lage dosissen ioniserende straling , Leuven, Universitaire Pers.
Vanwildemeersch, J. (1987), 'Industrie en milieu (Industry and Environment)', in X (ed.), 18de Vlaams Wetenschappelijk Economisch Congres, Brussel 8 en 9 mei 1987, Sociaal-economische Deregulering , Brussel, V.E.H.U.B., 399-405.
Viscusi, W. Kip (1991) , 'The Dimensions of the Product Liability Crisis', ??? Journal of Legal Studies , 147-177.
Wittman, Donald A. (1982), 'Efficient Rules in Highway Safety and Sports Activity', 72 American Economic Review , 78-90.
Yao, Dennis A. (1988), 'Strategic Responses to Automobile Emissions Control: A Game Theoretic Analysis', 15 Journal of Environmental Economics and Management , 419-438.
Note to Prof. Michael G. Faure: please complete the following citations
JEL Categories: ???
Following citations have no entry in the bibliography:
Brown (1971)
Shavell, 1983
Following citations have more than one entry (for that year) in the bibliography:
Endres (1985)
Faure, 1994 (in several places)
Faure, 1995 (in several places)
Faure/Hartlief, 1996 (in several places)
Faure/Van den Bergh, 1989 (in several places)
Hahn, 1989 (in several places)
Hahn (1990) (in several places)
Kornhauser/Revesz, 1995
Mishan, 1974
Ogus, 1994 (in several places)
Shavell (1980) (in several places)
Shavell, 1984, 365
Shavell, 1987 (in several places)
Skogh 1989 (in several places)
Sunstein 1996
Following entries in bibliography are incomplete:
Bongaerts, Jan C. and De Bièvre, A.F.M. (1987), 'Insurance for Civil Liability for Marine Oil Pollution Damages', ??? Geneva Papers on Risk and Insurance , 145-157.
Brooks, Michael A. and Heijdra, Ben J. (1987), 'Rent-Seeking and Pollution Taxation: An Extension', ??? Southern Economic Journal , 335-342.
Brown, John Prather and Holahan, William L. (1980), 'Taxes and Legal Rules for the Control of Externalities when there are Strategic Responses', ??? Journal of Legal Studies , 165-178.
Burrows, Paul, Rowley, Charles K. and Owen, D. (1974), 'The Economics of Accidental Oil Pollution by Tankers in Coastal Waters', ??? Journal of Public Economics , 251-268.
Calabresi, Guido (1968), 'Transaction Costs, Resource Allocation and Liability Rules, A Comment', ??? Journal of Law and Economics , 67-73.
Calabresi, Guido (1975), 'Concerning Cause and the Law of Torts', ??? University of Chicago Law Review , 69 ff.
Coghlin, T.G. (1984), 'Protection and Indemnity Clubs', ??? Lloyds Maritime and Commercial Law Quarterly , 403-416.
Dewees, Donald N. (1992a), 'The Comparative Efficacy of Tort Law and Regulation for Environmental Protection', ??? Geneva Papers on Risk and Insurance , 446-467.
Ehrlich, Isaac and Posner Richard A. (1974), 'An Economic Analysis of Legal Rule-making', ??? Journal of Legal Studies , 257-286.
Epstein, Richard (1979), 'Nuisance Law: Corrective Justice and its Utilitarian Constraints', ??? Journal of Legal Studies , 49-73.
Faure, Michael (1995), 'The Limits to Insurability from a Law and Economics Perspective', ??? Geneva Papers on Risk and Insurance , 454-462.
Faure, Michael (1995), 'Economic Models of Compensation for Damage Caused by Nuclear Accidents: Some Lessons for the Revision of the Paris and Vienna Conventions', ??? European Journal of Law and Economics , 21-43.
Faure, Michael (1996), 'Economic Aspects of Environmental Liability: An Introduction', ??? European Review of Private Law , 85-109.
Faure, Michael and Hartlief, T. (1996b), 'Compensation Funds versus Liability and Insurance for Remedying Environmental Damage', ??? Review of European Community and International Environmental Law , 321-326.
Faure, Michael and Lefevere, J (1995), 'Protecting Drinking Water Quality against Contamination by Pesticides: An Alternative Regulatory Framework', ??? Review of European Community and International Environmental Law , 321-326.
Faure, Michael and Lefevere, J (1996), 'The Draft Directive on Integrated Pollution Prevention and Control: an Economic Perspective', ??? European Environmental Law Review , 112-122.
Faure, Michael and Skogh, Göran (1992), 'Compensation for damages caused by nuclear accidents: A convention as insurance', ??? Geneva Papers on Risk and Insurance , 499-513.
Gravelle, Hugh S.E. (1987), 'Accidents, Taxes, Liability Rules and Insurance', ??? The Geneva Papaers on Risk and Insurance , 115-131.
Hansson, Ingemar and Skogh, Göran (1987), 'Moral Hazard and Safety Regulation', ??? Geneva Papers on Risk and Insurance , 132-144.
Jost, Peter J. (1996), 'Limited Liability and the Requirement to Purchase Insurance', ??? International Review of Law and Economics , 259-276.
Kapp, W. (1970), 'Environmental Disruption and Social Costs, a Challenge to Economics', 23 Kyklos , ???-???.
Kaye, David (1982), 'The Limits of the Preponderence of the Evidence Standard: Justifiable Naked Statistical Evidence and Multiple Causation', ??? American Bar Foundation Research Journal , 487-516.
Keenan, Donald C. and Rubin, Ph. (1988), 'Shadow Interest Groups and Safety Regulation', ??? International Review of Law and Economics , 21-36.
Landes, William M. and Posner Richard A. (1983), 'Causation in Tort Law: an Economic Approach', ??? Journal of Legal Studies , 109-134.
Landes, William M. and Posner Richard A. (1984), 'Tort Law as a Regulatory Regime for Catastrophic Personal Injuries', ??? Journal of Legal Studies , 417-434.
Lee, D.R. (1985), 'Rent-Seeking and its Implications for Pollution Taxation', ??? Southern Economic Journal , 731-744.
Moore, T.P. (1961), 'The Purpose of Licensing', ??? Journal of Law and Economics , 93-117.
Peltzman, Sam and Tideman, T. Nicolaus (1972), 'Local v. National Pollution Control: Note', ??? Dec. American Economic Review , ???-???.
Revesz, Richard L. (1996), 'Federalism and Interstate Environmental Externalities', 144 University of Pennsylvania Law Review , ???-???.
Rizzo, Mario J. and Arnold, Frank S. (1980), 'Causal Aportionment in the Law of Torts: an Economic Theory', ??? Columbia Law Review , 1399-1429.
Rizzo, Mario J. and Arnold, Frank S. (1986), 'Causal Aportionment: Reply to the Critics', ??? Journal of Legal Studies , 219-226.
Robinson, Glen O. (1985), 'Probabilistic Causation and Compensation for Tortuous Risk', ??? Journal of Legal Studies , 779-798.
Rosenberg, David (1984), 'The Causal Connection in Mass Exposure Cases: a 'Public Law' Vision of the Tort System', ??? Harvard Law Review , 851-929.
Shavell, Steven (1980), 'An Analysis of Causation and the Scope of Liability in the Law of Torts', ??? Journal of Legal Studies , 463-516.
Shavell, Steven (1985), 'Uncertainty over Causation and the Determination of Civil Liability', ??? Journal of Law and Economics , 587-609.
Shavell, Steven (1992), 'Liability and the Incentives to Obtain Information about Risk', ??? Journal of Legal Studies , 259-270.
Skogh, Göran (1989), 'The Transactions Cost Theory of Insurance, Contract Impediments and Costs', ??? Journal of Risk and Insurance , 726-732.
Skogh, Göran and Rehme, D. (1998), 'An Economic Analysis of a Swedish Environmental Liability Case', ??? European Journal of Law and Economics , 167-177.
Stahel, W.R. (1997), 'Some Thoughts on Sustainability, Insurability and Insurance', ??? Geneva Papers on Risk and Insurance , 477-495.
Stewart, Richard B. (1981), 'Regulation, Innovation and Administrative Law: a Conceptual Framework', ??? California Law Review , 1268-1273.
Tietenberg, Thomas (1989), 'Indivisible Toxic Torts: The Economics of Joint and Several Liability', ??? Land Economics , 305-319.
Van Den Bergh, P. (1994b), 'The Subsidiarity Principle in European Community Law: Some Insights from Law and Economics', ??? Maastricht Journal of European and Comparative Law , 337-366.
Akerlof, G. (1970), 'The Market for "Lemons": Quality, Uncertainty and the Market Mechanism', ??? Quarterly Journal of Economics , 488-500.
Auping, J.M. (1990), 'Causaliteitsproblemen bij Toxische Schadeveroorzaking. De Onbepaalbaarheid van Daders en Gelaedeerden', ??? Ars Aequi , 929-934.
Ayres, I. and Talley, E. (1995), 'Solomonic Bargaining: Dividing a Legal Entitlement to Facilitate Coasean Trade', ??? Yale Law Journal , 1027-1117.
Brown, J.P. (1973), 'Toward an Economic Theory of Liability', ??? Journal of Legal Studies , 323-349.
Calabresi, Guido (1961), 'Some Thoughts on Risk Distribution and the Law of Torts', ??? Yale Law Journal , 499-553.
Estep, E. (1960), 'Radiation Injuries and Statistics: The Need for a New Approach to Injury Litigation', ??? Michigan Law Review , 259-304.
Faure, Michael and Van den Bergh, Roger (1989), 'Compulsory Insurance for Professional Liability', ??? Geneva Papers on Risk and Insurance , 308-330.
Karten, Walter (1997), 'How to Expand the Limits of Insurability', ??? Geneva Papers on Risk and Insurance , 515-522.
Ketchum, L. (1985), 'Epidemiologic Tables Law Ground Work for Future Radiogenic Cancer Claims', ??? The Journal of Nuclear Medicine , 967-972.
Posner, R. (1972), 'A Theory of Negligence', ??? Journal of Legal Studies , 29-96.
Priest, G. (1987), 'The Current Insurance Crisis and Modern Tort Law', ??? Yale Law Journal , 1521-1590.
Shavell, Steven (1979), 'On Moral Hazard and Insurance', ??? Quarterly Journal of Economics , 541-562.
Shavell, Steven (1980), 'Strict Liability versus Negligence', ??? Journal of Legal Studies , 1-25.
Spier, J. and Wansink, J.H. (1993), 'Joint and Several Liability of DES Manufacturers: a Dutch Tort Crisis', ??? International Insurance Law Review , 176 pp.
Stone, C. (1980), 'The Place of Enterprise Liability in the Control of Corporate Conduct', ??? Yale Law Journal , 36-43.
Viscusi, W. Kip (1991), 'The Dimensions of the Product Liability Crisis', ??? Journal of Legal Studies , 147-177.
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