Michael Faure
Biographic Data
| ID | 3700812 |
|---|---|
| NAME | Michael Faure |
| GIVEN NAMES | Michael |
| FAMILY NAME | Faure |
| SIGNATURE | FAURE M |
| AFFILIATIONS | Maastricht University |
| ORCID | 0000-0001-8756-7832 |
| VERIFIED | Yes |
| TOTAL WORKS | 26 |
| TOTAL CITATIONS | 12 |
| AUTHOR COUNT | 26 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1995 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 2 |
Disconnecting from the Earth? Digital Dependence and the Social Foundations of Youth Climate Action
Attribution and Migration
Shifting realities in the rules-based order threaten the efficacy of refugee law. State-directed assaults may weaken legal mechanisms, with the consequence that hosting humanitarian migrants could fall disproportionately on voter support for particular waves of asylum seekers. Public opinion may then prove more effective than refugee law at providing safe haven. In such a scenario, it is not merely the economic and integration-related factors tha…
The Regulation of Third‐Party Verification Entities in Greenhouse Gas Emissions Trading Schemes
Greenhouse gas emissions trading schemes worldwide broadly adopt third‐party verification, introducing private actors into public climate governance. However, the involvement of third‐party verifiers can create the risk that no accurate and reliable data concerning emissions is acquired, and this potentially harms the proper implementation of emissions trading schemes. This paper explores why the intervention of third‐party verifiers in emissions…
Collaborative governance to manage risks in inclusive health insurance
Can private health insurance ensure equal access to healthcare for individuals and offer generous benefits at an affordable price? The conventional answer is no. But in the case of Huimin Bao, an inclusive commercial health insurance scheme in China, this is now possible due to the collaborative governance between the local governments and insurance companies. This kind of collaboration is acting as an innovative solution to deal with the risks t…
Does the EU Need an Artificial Intelligence Liability Directive? Insights from the Economics of Federalism
Confronted with increasing risks of harm created by various AI systems, the EU authorities have proposed an AI liability directive (AILD) with an intention to address the procedural obstacles suffered by a claimant in a non-contractual fault-based claim and probably in the future, to harmonise the liability and damage rules for the harm caused by AI systems. After vigorous debate, the Commission decided to withdraw the proposal in February 2025. …
The liability of salvors towards third parties in case of environmental salvage
Marine salvors play a crucial role in rendering emergency response to maritime accidents. Their services generate positive externalities for preventing or minimizing damage to property and the environment. However, due to the uncertainties in environmental salvage, the services could also lead to further harm to third parties through acts of negligence. A negligent salvor is not immune to legal obligations but the legal risks of liability should …
Energy transition and risk analysis
This is a commentary on the paper by Bouder/Lofstedt on the role of risk analysis in the light of uncertainty. The commentary points at various challenges related to risk assessment, more particularly as far as new energy projects are concerned. One problem is that it is not always clear to what extent an expert can really be considered as an expert; another is that it is extremely difficult to organise public participation in a meaningful way. M…
The compensation system for marine ecological damage resulting from offshore drilling in China
In the past four decades that China has devoted to its offshore oil exploration and production, a model of joint development between the China National Offshore Oil Corporation (CNOOC) and foreign operators has been used. Drilling for oil offshore is a challenging task with multiple hazards, as oil spills both from daily operations and from offshore accidents, endangers the marine ecosystem of nearby waters. Unlike traditional damage (i.e., perso…
Risk-sharing in the context of fishery mutual insurance
Green building in China
Green buildings can play a role in helping countries meet their commitments under the Paris Agreement on Climate Change. Green building can provide an important contribution to sustainability, for example, by improving energy efficiency, by improving indoor air quality, and by effective waste treatment. In practice, we see that there is an increasing interest in various forms of green building. However, the existing literature has not identified …
Smart enforcement in the EU
Increasingly enforcement of regulation is based on a risk-based or so-called smart enforcement. Smart enforcement implies that enforcement does not take place via ad random routine controls; but that either ex ante risk assessment has been used to target enforcement actions or that ex post enforcement strategies are adapted to the behaviour by the targeted community. The paper discusses three areas (occupational health and safety, food and veteri…
The Legitimacy of Dam Development in International Watercourses
This article examines the international legitimacy of unilateral dam development in an international watercourse from the perspective of international water law. Drawing upon technical analysis over the Harirud River Basin, the article discusses probable negative impacts of unilateral dam development in Afghanistan on downstream Iran and Turkmenistan. Competing claims are analyzed to assess emerging transboundary damage under customary internatio…
Risk-sharing agreements to cover environmental damage
The Economics of Disaster Relief
We distinguish among three types of actions that can be taken to alleviate the consequences of natural disasters: precautionary efforts (made ex ante), relief efforts (made in the immediate aftermath of a disaster), and recovery efforts (made ex post). We argue that recognizing this distinction lessens many of the problems that the literature attributes to government intervention and hence expands the scope of government action following disaster…
Compensation for nuclear damage
The complementary roles of liability, regulation and insurance in safety management
Liability rules, regulation and insurance have all been proposed in legal and economic theory as instruments to prevent safety risks created by enterprises. Moreover, these rules can also be found in combination in most legal systems. Indeed, liability rules are often advanced as the market solution to safety since they simply allocate a price to unsafe behaviour by signalling that the operator will have to compensate the victims in case of an ac…
Remodelling reparation
The paper presents a comparative analysis of the development and present state of compensation for victims of catastrophes in Belgium and the Netherlands. These two neighbouring countries have both seen legislative changes in this field in recent years, albeit with different outcomes. The paper thus analyses to what extent the two compensation scheme structures allow for conclusions as to the comparative benefits of a comprehensive insurance sche…
Curbing Consumer Financial Losses
This article deals with the question of how a high level of compliance with consumer protection legislation designed to prevent financial losses can be secured. We use a theoretical framework based on economic analysis of law to address some of the key policy options, such as proactive and reactive monitoring, providing officials with postdetection enforcement discretion, administrative, civil, and criminal sanctions, and facilitating actions by …
The civil liability of European nuclear operators
The Scope of Criminal Law and Criminal Sanctions
This paper considers why some harm‐generating activities are controlled by criminal law and criminal sanctions while others are subject to some other mechanism such as civil law, administrative law, regulation or the tax system. It looks at the question from the perspective of the law and economics approach. We seek to identify the comparative benefits of using the criminal law relative to other enforcement mechanisms and – more broadly – why cer…
Compensation for Occupational Diseases and the Importance of Preventition
This paper deals with possible compensation mechanisms for damage caused by occupational diseases. Specific attention is paid to the potential influence of these compensation mechanisms on prevention of work related incidents. The economic analysis of law is used to pay attention to liability and liability insurance whereby both the preventive effects of liability and liability insurance are discussed as well as their capacity to compensate. Atte…
Financial Compensation for Victims of Catastrophes
This article examines the various approaches legislators may use to compensate victims of catastrophes. Traditional law and economics of insurance literature, with respect to government relief and insurance solutions towards financial compensation, is used to analyze (highly diverging) approaches in Europe and the United States. First, the importance of liability (insurance) is discussed in cases where a liable injurer can be identified; second, …
Conclusion
Insurance and expanding systemic risks
This comprehensive study responds to the growing concerns of economic, financial, political and social actors regarding the ever increasing exposure to new expanding risks. These risks are particularly related to natural disaster/environment pollution, technology, health and terrorism. For insurers the difficulty is encountered in adequately appraising and covering the potential liability stemming from these risks. It also sketches out some polic…
How to Punish Environmental Pollution? Some Reflections on Various Models of Criminalization of Environmental Harm2
Green building in China
Green buildings can play a role in helping countries meet their commitments under the Paris Agreement on Climate Change. Green building can provide an important contribution to sustainability, for example, by improving energy efficiency, by improving indoor air quality, and by effective waste treatment. In practice, we see that there is an increasing interest in various forms of green building. However, the existing literature has not identified …
The Legitimacy of Dam Development in International Watercourses
This article examines the international legitimacy of unilateral dam development in an international watercourse from the perspective of international water law. Drawing upon technical analysis over the Harirud River Basin, the article discusses probable negative impacts of unilateral dam development in Afghanistan on downstream Iran and Turkmenistan. Competing claims are analyzed to assess emerging transboundary damage under customary internatio…
Curbing Consumer Financial Losses
This article deals with the question of how a high level of compliance with consumer protection legislation designed to prevent financial losses can be secured. We use a theoretical framework based on economic analysis of law to address some of the key policy options, such as proactive and reactive monitoring, providing officials with postdetection enforcement discretion, administrative, civil, and criminal sanctions, and facilitating actions by …
Risk-sharing agreements to cover environmental damage
The Economics of Disaster Relief
We distinguish among three types of actions that can be taken to alleviate the consequences of natural disasters: precautionary efforts (made ex ante), relief efforts (made in the immediate aftermath of a disaster), and recovery efforts (made ex post). We argue that recognizing this distinction lessens many of the problems that the literature attributes to government intervention and hence expands the scope of government action following disaster…
The complementary roles of liability, regulation and insurance in safety management
Liability rules, regulation and insurance have all been proposed in legal and economic theory as instruments to prevent safety risks created by enterprises. Moreover, these rules can also be found in combination in most legal systems. Indeed, liability rules are often advanced as the market solution to safety since they simply allocate a price to unsafe behaviour by signalling that the operator will have to compensate the victims in case of an ac…
Remodelling reparation
The paper presents a comparative analysis of the development and present state of compensation for victims of catastrophes in Belgium and the Netherlands. These two neighbouring countries have both seen legislative changes in this field in recent years, albeit with different outcomes. The paper thus analyses to what extent the two compensation scheme structures allow for conclusions as to the comparative benefits of a comprehensive insurance sche…
The Scope of Criminal Law and Criminal Sanctions
This paper considers why some harm‐generating activities are controlled by criminal law and criminal sanctions while others are subject to some other mechanism such as civil law, administrative law, regulation or the tax system. It looks at the question from the perspective of the law and economics approach. We seek to identify the comparative benefits of using the criminal law relative to other enforcement mechanisms and – more broadly – why cer…
How to Punish Environmental Pollution? Some Reflections on Various Models of Criminalization of Environmental Harm2
How to Punish Environmental Pollution? Some Reflections on Various Models of Criminalization of Environmental Harm2
The Future of Socio-Legal Research with Respect to Environmental Problems
Insurance and expanding systemic risks
This comprehensive study responds to the growing concerns of economic, financial, political and social actors regarding the ever increasing exposure to new expanding risks. These risks are particularly related to natural disaster/environment pollution, technology, health and terrorism. For insurers the difficulty is encountered in adequately appraising and covering the potential liability stemming from these risks. It also sketches out some polic…
Conclusion
Compensation for Occupational Diseases and the Importance of Preventition
This paper deals with possible compensation mechanisms for damage caused by occupational diseases. Specific attention is paid to the potential influence of these compensation mechanisms on prevention of work related incidents. The economic analysis of law is used to pay attention to liability and liability insurance whereby both the preventive effects of liability and liability insurance are discussed as well as their capacity to compensate. Atte…
Financial Compensation for Victims of Catastrophes
This article examines the various approaches legislators may use to compensate victims of catastrophes. Traditional law and economics of insurance literature, with respect to government relief and insurance solutions towards financial compensation, is used to analyze (highly diverging) approaches in Europe and the United States. First, the importance of liability (insurance) is discussed in cases where a liable injurer can be identified; second, …
The civil liability of European nuclear operators
The Scope of Criminal Law and Criminal Sanctions
This paper considers why some harm‐generating activities are controlled by criminal law and criminal sanctions while others are subject to some other mechanism such as civil law, administrative law, regulation or the tax system. It looks at the question from the perspective of the law and economics approach. We seek to identify the comparative benefits of using the criminal law relative to other enforcement mechanisms and – more broadly – why cer…
Curbing Consumer Financial Losses
This article deals with the question of how a high level of compliance with consumer protection legislation designed to prevent financial losses can be secured. We use a theoretical framework based on economic analysis of law to address some of the key policy options, such as proactive and reactive monitoring, providing officials with postdetection enforcement discretion, administrative, civil, and criminal sanctions, and facilitating actions by …
Remodelling reparation
The paper presents a comparative analysis of the development and present state of compensation for victims of catastrophes in Belgium and the Netherlands. These two neighbouring countries have both seen legislative changes in this field in recent years, albeit with different outcomes. The paper thus analyses to what extent the two compensation scheme structures allow for conclusions as to the comparative benefits of a comprehensive insurance sche…
Compensation for nuclear damage
The complementary roles of liability, regulation and insurance in safety management
Liability rules, regulation and insurance have all been proposed in legal and economic theory as instruments to prevent safety risks created by enterprises. Moreover, these rules can also be found in combination in most legal systems. Indeed, liability rules are often advanced as the market solution to safety since they simply allocate a price to unsafe behaviour by signalling that the operator will have to compensate the victims in case of an ac…
The Economics of Disaster Relief
We distinguish among three types of actions that can be taken to alleviate the consequences of natural disasters: precautionary efforts (made ex ante), relief efforts (made in the immediate aftermath of a disaster), and recovery efforts (made ex post). We argue that recognizing this distinction lessens many of the problems that the literature attributes to government intervention and hence expands the scope of government action following disaster…
Risk-sharing agreements to cover environmental damage
The Legitimacy of Dam Development in International Watercourses
This article examines the international legitimacy of unilateral dam development in an international watercourse from the perspective of international water law. Drawing upon technical analysis over the Harirud River Basin, the article discusses probable negative impacts of unilateral dam development in Afghanistan on downstream Iran and Turkmenistan. Competing claims are analyzed to assess emerging transboundary damage under customary internatio…
Risk-sharing in the context of fishery mutual insurance
Green building in China
Green buildings can play a role in helping countries meet their commitments under the Paris Agreement on Climate Change. Green building can provide an important contribution to sustainability, for example, by improving energy efficiency, by improving indoor air quality, and by effective waste treatment. In practice, we see that there is an increasing interest in various forms of green building. However, the existing literature has not identified …
Smart enforcement in the EU
Increasingly enforcement of regulation is based on a risk-based or so-called smart enforcement. Smart enforcement implies that enforcement does not take place via ad random routine controls; but that either ex ante risk assessment has been used to target enforcement actions or that ex post enforcement strategies are adapted to the behaviour by the targeted community. The paper discusses three areas (occupational health and safety, food and veteri…
The compensation system for marine ecological damage resulting from offshore drilling in China
In the past four decades that China has devoted to its offshore oil exploration and production, a model of joint development between the China National Offshore Oil Corporation (CNOOC) and foreign operators has been used. Drilling for oil offshore is a challenging task with multiple hazards, as oil spills both from daily operations and from offshore accidents, endangers the marine ecosystem of nearby waters. Unlike traditional damage (i.e., perso…
The liability of salvors towards third parties in case of environmental salvage
Marine salvors play a crucial role in rendering emergency response to maritime accidents. Their services generate positive externalities for preventing or minimizing damage to property and the environment. However, due to the uncertainties in environmental salvage, the services could also lead to further harm to third parties through acts of negligence. A negligent salvor is not immune to legal obligations but the legal risks of liability should …
Energy transition and risk analysis
This is a commentary on the paper by Bouder/Lofstedt on the role of risk analysis in the light of uncertainty. The commentary points at various challenges related to risk assessment, more particularly as far as new energy projects are concerned. One problem is that it is not always clear to what extent an expert can really be considered as an expert; another is that it is extremely difficult to organise public participation in a meaningful way. M…
Attribution and Migration
Shifting realities in the rules-based order threaten the efficacy of refugee law. State-directed assaults may weaken legal mechanisms, with the consequence that hosting humanitarian migrants could fall disproportionately on voter support for particular waves of asylum seekers. Public opinion may then prove more effective than refugee law at providing safe haven. In such a scenario, it is not merely the economic and integration-related factors tha…
The Regulation of Third‐Party Verification Entities in Greenhouse Gas Emissions Trading Schemes
Greenhouse gas emissions trading schemes worldwide broadly adopt third‐party verification, introducing private actors into public climate governance. However, the involvement of third‐party verifiers can create the risk that no accurate and reliable data concerning emissions is acquired, and this potentially harms the proper implementation of emissions trading schemes. This paper explores why the intervention of third‐party verifiers in emissions…
Collaborative governance to manage risks in inclusive health insurance
Can private health insurance ensure equal access to healthcare for individuals and offer generous benefits at an affordable price? The conventional answer is no. But in the case of Huimin Bao, an inclusive commercial health insurance scheme in China, this is now possible due to the collaborative governance between the local governments and insurance companies. This kind of collaboration is acting as an innovative solution to deal with the risks t…
Does the EU Need an Artificial Intelligence Liability Directive? Insights from the Economics of Federalism
Confronted with increasing risks of harm created by various AI systems, the EU authorities have proposed an AI liability directive (AILD) with an intention to address the procedural obstacles suffered by a claimant in a non-contractual fault-based claim and probably in the future, to harmonise the liability and damage rules for the harm caused by AI systems. After vigorous debate, the Commission decided to withdraw the proposal in February 2025. …
Business (17 works) · Political science (17 works) · Law (15 works) · Economics (13 works) · Law (12 works) · Law, Economics, and Judicial Systems (12 works) · Finance (9 works) · Law and economics (9 works) · Liability (9 works) · Regulation and Compliance Studies (7 works)