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| Content Provider | Springer Nature Link |
|---|---|
| Author | Earnhart, Dietrich |
| Copyright Year | 1998 |
| Abstract | To correct the historical suppression of environmental information under communist rule, the Czech Republic has instituted several new laws granting citizen access to government-held information. This access should facilitate civil litigation by providing evidence in court for establishing causality in a country where practically everyone feels the effects of broad and severe environmental degradation. However, poor de facto citizen access and citizens'; traditional distrust of information severely limits litigation activity. Similarly, this paper examines the joint use of a privately-initiated ex post liability policy (i.e., tort litigation) and a state-initiated ex post liability policy (i.e., penalties). In particular, it explores a potential exchange of information between a government enforcer and plaintiffs, where the government enforcer provides information on the causality of harm to plaintiffs and plaintiffs provide information on the level of harm to the government enforcer. With more accurate information on both causality and damages, the joint use of state and private enforcement should lead to more efficient outcomes. This paper finds great potential for such improvement given the limited use of privately-provided information on harm and poor de facto access to government-provided information on environmental matters. |
| Starting Page | 113 |
| Ending Page | 141 |
| Page Count | 29 |
| File Format | |
| ISSN | 09291261 |
| Journal | European Journal of Law and Economics |
| Volume Number | 6 |
| Issue Number | 2 |
| e-ISSN | 15729990 |
| Language | English |
| Publisher | Kluwer Academic Publishers |
| Publisher Date | 1998-01-01 |
| Publisher Place | Boston |
| Access Restriction | One Nation One Subscription (ONOS) |
| Subject Keyword | Commercial Law Public Finance & Economics Political Science |
| Content Type | Text |
| Resource Type | Article |
| Subject | Business and International Management Law Economics and Econometrics |
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