He Qihao

He Qihao is an Associate Professor at the China University of Political Science and Law (CUPL). He completed his LLM and SJD degrees at the University of Connecticut. Prior to that, he graduated with an LLB and LLM from the University of International Business and Economics. He was also the visiting scholar of the University of Pennsylvania and Boston College during his doctoral studies. His research interests span the fields of law and economics, insurance law and climate disaster law, and his work focuses on the interaction of law, economics, and politics in combating climate change disasters. He is the author of ‘Climate Change and Catastrophe Management in a Changing China’ (Edward Elgar 2019). He also serves as the Deputy Director of China-America Law Institute at CUPL.

Designation: China University of Political Science and Law
Institution: China University of Political Science and Law
Paper: Compensation for Victims of Disasters – A Comparative Law and Economics Perspective
Abstract: Disaster management and compensation are central on the current public and political agendas. In general, in the law and economics literature, four types of legislative reactions to disasters are distinguished. These solutions are quite diverging and differ among many different legal regimes. Based on the current discussion in the law and economic literature, the research tries to explore the optimal compensation mechanism from a timing framework. Corresponding to a repetitive circle of disaster management as prevention – response – recovery, we assess the ex-ante (before the disaster occurs), during (emergency response during a disaster) and ex post (after the disaster) compensation mechanisms. Following a comparative law and economic perspective, where the idea is to search for victim compensation at the lowest cost and at the same time provide incentives for disaster risk reduction, the analysis will indicate how a (combined) form of compensation mechanism could supply efficient incentives for prevention and mitigation and will be provided at the lowest costs and, thus, realize welfare maximization.