A Shift Toward Alternative Compensation Mechanisms for Environmental Damage?

This paper is a chapter in the book Shifts in Compensation for Environmental Damage, Tort and Insurance Law. In many countries, various shifts have taken place between private and public funding regarding environmental damage compensation. This book deals with these shifts. It critically presents shifts in this domain theoretically with many supporting practical examples. Normally, victims of environmental damage had to seek relief via private legal mechanisms. In many systems a shift towards public oriented compensation has occurred. This is clear in areas such as international oil pollution and nuclear damage. This book describes and critically discusses shifts in private and public compensation mechanisms, with empirical data and economic analyses of the effectiveness of the international oil pollution fund's capacity to compensate oil pollution victims. It also describes shifts in some national legal systems towards greater government involvement as well as within specific private legal systems