Book contents
- Frontmatter
- Acknowledgements
- Contents
- List of Cases
- List of Legislation and Regulations
- Chapter 1 Introduction
- Chapter 2 Analysis of Core Problems in the Classification of Compensation Funds
- Chapter 3 Review of Existing No-Fault Comprehensive Compensation Funds
- Chapter 4 Key Pillars
- Chapter 5 Human Rights, Access to Justice and Dispute Resolution
- Chapter 6 Compensation Fund Goals and Practical Applications
- Chapter 7 Conclusions
- Bibliography
- Index
- About the Author
Chapter 6 - Compensation Fund Goals and Practical Applications
Published online by Cambridge University Press: 15 November 2023
- Frontmatter
- Acknowledgements
- Contents
- List of Cases
- List of Legislation and Regulations
- Chapter 1 Introduction
- Chapter 2 Analysis of Core Problems in the Classification of Compensation Funds
- Chapter 3 Review of Existing No-Fault Comprehensive Compensation Funds
- Chapter 4 Key Pillars
- Chapter 5 Human Rights, Access to Justice and Dispute Resolution
- Chapter 6 Compensation Fund Goals and Practical Applications
- Chapter 7 Conclusions
- Bibliography
- Index
- About the Author
Summary
INTRODUCTION
This book has so far crystallised and analysed, for the first time, a definition of the largest type of no-fault comprehensive compensation funds that are publicly administered. It has also developed a suitable comparative law methodology for analysing such funds. There was an initial consideration of the core problems associated with the classification of compensation funds generally. This is because there is a lack of agreed definition within existing literature and practice about no-fault compensation funds generally. There has also been no significant scholarly analysis of the largest types of no-fault compensation funds in particular. In Chapters 3 and 4 there was a practically focused crystallisation of the defining and key features of very large and mature no-fault compensation funds, with appropriate functional and structural comparisons. There was also a novel first principles consideration of the intersections between very large no-fault compensation funds and human rights, with a specific focus on access to justice and dispute resolution issues. This crystallisation and analysis approach has added to the existing literature by providing a clear picture, for the first time, of the key legal landmarks of comprehensive no-fault compensation funds, as a subset of the wider no-fault or no-blame compensation funds.
However, in order to be most relevant and useful, this research also needs to look toward the future development of large no-fault compensation funds. There is potential for no-fault frameworks, as a non-liability compensation solution, to be used to address contemporary and future problems. These problems range from issues as diverse as new jurisdictions adopting the comprehensive no-fault model for transport injury, artificial intelligence damages applications, to the implementation of national and global vaccine injury compensation funds to underpin the COVID-19 global vaccination campaign. The analysis undertaken in this book provides more definitional clarity and guidance about the positive and negative elements of these very big schemes, which enables more informed legislative and policy choices to be made about the future of our four existing funds and the development of new funds.
- Type
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- Information
- A Comparative Law Analysis of No-Fault Comprehensive Compensation FundsInternational Best Practice and Contemporary Applications, pp. 383 - 440Publisher: IntersentiaPrint publication year: 2023