Alternative Compensation Schemes from a Comparative Perspective

Abstract

The author conducts a brief comparative overview of alternative schemes of compensation that have emerged over the past century. This chapter specifically addresses regimes that now provide direct compensation to victims of defined tortious hazards independently of any attribution of responsibility to the author of the injury. The analysis reveals three main recurring themes that have driven the emergence of these alternative schemes of compensation. First, alternative compensation regimes are almost by definition legislative solutions to problems encountered within domestic tort law. Second, while currently focused on monetary indemnitites, alternative compensation regimes may also address systemic harm and mass torts through non-monetary remedies. Finally, renewed attention to regulatory frameworks may tilt the balance away from ex post compensation in favour of ex ante intervention.