Civil Liability in Europe for Terrorism-Related Risk

by Lucas Bergkamp, Michael Faure, Monika Hinteregger, Niels Philipsen

Overview

Today terrorism has become a world-wide phenomenon which does not stop at the European borders. Following the 9/11 attacks on the World Trade Centre and terrorist attacks in Paris, Madrid and London, concerns have arisen in Europe about potential liability exposure for terrorism-related damage. This book tackles the problem of civil liability for damage caused by terrorist acts from several angles. The authors expertly deliver a comprehensive analysis of terrorism-related risk under international and EU law, and the national tort law systems of seven representative EU Member States. They also provide a comparison of the situation in Europe to the liability environment in the United States. Risk mitigation strategies are considered and critically assessed, as are alternative systems for redressing terrorism-related risks. The book concludes with a reflection on the analysis and presents possible strategies for future regulation by the European lawmakers.

Product Details

ISBN-13:	9781107496552
Publisher:	Cambridge University Press
Publication date:	12/13/2018
Series:	Cambridge Studies in International and Comparative Law , #123
Pages:	400
Product dimensions:	5.91(w) x 9.06(h) x 0.79(d)

About the Author

Lucas Bergkamp is a partner in Hunton and Williams LLP's Brussels office and heads the European Regulatory practice. His practice concentrates on regulatory issues, in particular environmental, health and safety, product regulation and related liability and transactional matters. He currently teaches the Masters of European Energy and Environmental Law at KU Leuven.

Michael Faure is Professor of Comparative Private Law and Economics at Erasmus University Rotterdam and Professor of Comparative and International Environmental Law at Universiteit Maastricht, The Netherlands. He serves also as Academic Director of the Maastricht European Institute for Transnational Legal Research (METRO).

Monika Hinteregger is Professor of Civil Law at the Department of Civil Law, Foreign and International Private Law, Karl-Franzens-Universität Graz, Austria. She has published abundantly on the topic of tort law and environmental liability.

Niels Philipsen is Associate Professor in Law and Economics at Universiteit Maastricht, The Netherlands and serves as Vice-Director of the Maastricht European Institute for Transnational Legal Research (METRO).

Table of Contents

Part I. International and EU Law: 1. Liability for terrorism-related risks under international law; 2. Liability for terrorism-related risk under EU law; Part II. Liability for Terrorism-Related Risk under Member State Law: 3. Civil liability systems of seven EU Member States; 4. Case studies; 5. Comparative analysis; Part III. Assessment of Liability for Terrorism-related Risk: 6. Insurance of terrorism-related risks; 7. Contracting for liability limitation; 8. Alternative systems for redressing terrorism-related risks; 9. Is liability for terrorism-related risk enterprise-threatening?; 10. Economic analysis of current liability for terrorism-related risk and alternatives; 11. Is there a role for the European Union?

Editorial Reviews

'This book is an important resource for government (especially their judicial, treasury and commerce departments) as well as business communities that manage the setting of risk premiums on terrorism-related civil liability issues for a country’s business sector.' Joshua Sinai, Perspectives on Terrorism

From the Publisher