|
Title
|
|
|
|
A comparative law analysis of no-fault comprehensive compensation funds : international best practice & contemporary applications
| |
|
Author
|
|
|
|
| |
|
Abstract
|
|
|
|
| Compensation funds in different jurisdictions have varying functions and objectives to remedy loss. A handful of jurisdictions have taken no-fault compensation funds’ use to their most extreme manifestation – a single publicly-managed structure that provides a wide, compulsory and complete replacement for tort remedies. This doctoral research addressed the significant knowledge gap in relation to no-fault comprehensive compensation funds, by undertaking the first thorough comparative law study of four such large funds. These four schemes are: the Accident Compensation Corporation (New Zealand), the Transport Accident Commission (Victoria, Australia), the Société de l'assurance automobile du Québec (Québec, Canada) and the automobile personal injury cover provided by Manitoba Public Insurance Corporation (Manitoba, Canada). These four funds are all a type of hybrid socio-legal structure and evidence of a revolution in private law. The research identified the characteristics of big no-fault funds that are key to their successful establishment, administration, operation and further development. This included analysis of the functional harms covered, quantum of compensation and funding mechanisms. Principled comparisons with selected European no-fault schemes also provided new insights. Next, there was a novel first principles analysis of the interaction between these large funds and human rights law, access to justice concepts and practical dispute resolution issues. These analyses informed concrete recommendations for the legislative improvement of the four existing large funds, and guidance for the establishment of new funds. Finally, there was an analysis of how and whether no-fault comprehensive compensation funds can be used to address contemporary liability problems, such as artificial intelligence applications and multimodality shifts in transport, and emergency public health applications. The research has added new knowledge and definitional coherency to the socio-legal understanding of no-fault comprehensive compensation funds, that is relevant to scholars, lawmakers and the advancement of scientific knowledge about managing risk and compensation. |
| |
|
Language
|
|
|
|
English
| |
|
Publication
|
|
|
|
Antwerp
:
University of Antwerp, Faculty of Law, Personal Rights and Property Rights Group
,
2021
| |
|
Volume/pages
|
|
|
|
578 p.
| |
|
Note
|
|
|
|
:
Vansweevelt, Thierry [Supervisor]
:
Weyts, Britt [Supervisor]
| |
|
Full text (open access)
|
|
|
|
| |
|