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The scope and frequency of catastrophes, natural or man-made, are mounting. In
2008, more than 240,500 fatalities were counted, due to 311 natural
catastrophes and man-made disasters. These numbers are unprecedented. It is to
be expected that a mounting number of victims will look for financial
compensation in the aftermath of future catastrophes.
As the author of this ground-breaking book points out, there are as many sets
of compensation mechanisms as there are countries. In a prodigious move to
remedy this situation, she examines whether it is possible to find a
combination of compensation mechanisms (i.e., a compensation model) that
provides the most comprehensive and efficient financial solution for the
victims of a natural catastrophe, a large-scale terrorist attack, and/or a
man-made disaster – and, if so, what such a program would look like. In the
process she deals exhaustively with such elements as the following:
• the type of victims that disasters can cause;
• safety regulation versus liability law;
• insurability of catastrophes;
• compensation funds;
• capital market instruments;
• types of government intervention;
• defining terrorism for the purpose of compensation; and
• preventive incentives as an element of efficient compensation.
Because economic efficiency is an unavoidable factor in the compensation of
catastrophe victims, the author relies primarily on a law and economics
perspective in order to find an efficient and comprehensive model that is
workable in practice and that takes into account the legal and cultural
situation in the various countries. Once she has developed this model, she
compares it with actual programs in Belgium, France, the Netherlands, and the
United States of America – countries carefully chosen to represent a
reasonably full variety of possible solutions. This comparison of real world
solutions allows her to explain why each is inefficient and to define real and
necessary conditions for policy change.
This book shows that amelioration of the current compensation solutions for
disaster victims is indeed a possibility. In a heated yet often poorly
informed debate, it offers clarity and insights regarding the financial
compensation for victims of catastrophes which, in addition to raising
academic interest, are certain to help build a framework for future
policymakers and lawmakers faced with shaping compensation programs for
catastrophe victims.
List of tables and illustrations. List of abbreviations. 1.
Introduction. Part I: A Law and Economics Perspective on Compensation for
Catastrophe Victims. 2. The Prevention of Catastrophes: Liability
Law and Safety Regulation. 3. On the Edge of Prevention and
Compensation: Insurance. 4. Solutions to the Catastrophe Insurance
Capacity Problem. 5. The Potential Role of the Government in
Compensating Catastrophic Damages. 6. Summary Findings and Policy
Recommendations. Part II: Compensation Solutions in Belgium, France, the
Netherlands, and the United States. 7. Financial Compensation of
Catastrophe Victims in Belgium. 8. Financial Compensation of
Catastrophe Victims in France. 9. Financial Compensation of Catastrophe
Victims in The Netherlands. 10. Financial Compensation of Catastrophe
Victims in The United States of America. Part III: Comparative Conclusions
and Policy Recommendations with Regard to Compensating Catastrophe Victims. 11
. Comparative Conclusions from a Law and Economics Perspective. 12.
General Conclusions on Financial Compensation to Victims of Catastrophes.
Bibliography.