SOCIETÀ ITALIANA DI DIRITTO ED ECONOMIA
carlo carrera (MILAN)
Virginia Cecchini Manara (Milan)
Abstract
Joint-Liability has been used in some legislations to tackle the problem of environmental harm, also by considering liable the landowner of a contaminated land, even though she did not actually pollute.
Here we would like to discuss the model of joint-liability in Environmental Law more generally, disentangling the underlying strategic interaction between the agents that the Law considers liable. Indeed, even though the landowner did not in fact pollute, she could anyway prevent the pollution by adopting some precautions (for example by monitoring the use of land).