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Civil Liability in Europe for Terrorism-Related Risk

Part of Cambridge Studies in International and Comparative Law

Jing Liu, Nicolas Herbatschek
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  • Publication planned for: August 2019
  • availability: Not yet published - available from August 2019
  • format: Paperback
  • isbn: 9781107496552


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About the Authors
  • 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.

    • Written by experts of international, EU and national tort law and gives the reader the full picture of the potential liability exposure of the affected industry
    • Gives a comprehensive analysis of the civil liability situation in case of a terrorist attack
    • Provides critical analysis of the efficiency of the existing liability laws from a law and economics perspective including insurance aspects
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    Reviews & endorsements

    '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

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    Product details

    • Publication planned for: August 2019
    • format: Paperback
    • isbn: 9781107496552
    • length: 400 pages
    • dimensions: 230 x 150 x 20 mm
    • weight: 0.55kg
    • contains: 2 b/w illus. 6 tables
    • availability: Not yet published - available from August 2019
  • 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?

  • Authors

    Lucas Bergkamp, Hunton and Williams LLP, Brussels
    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, Universiteit Maastricht, Netherlands
    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, Karl-Franzens-Universität Graz, Austria
    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, Universiteit Maastricht, Netherlands
    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).


    Jing Liu, Nicolas Herbatschek

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