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Abstract

"If anyone intentionally spoils the water of another ... let him not only pay damages, but purify the
stream or cistern which contains the water..."- Plato1. The polluters pay principle is the commonly
accepted practice that those who produce pollution should bear the costs ofmmanaging it to
prevent damage to human health or then environment. For instance, a factory that produces a
potentially poisonous substance as a by-product of itsn activities is usually held responsible for its
safe disposal.

Keywords: Agenda 21, Environment Law, Polluter Pays Principle, Rio Declaration.

Introduction

This principle underpins most of the regulation of pollution affecting land, water and air. Pollution is
defined in UK law as contamination of the land, water or air by harmful or potentially harmful
substances. It is part of a set of broader principles to guide sustainable development worldwide
(formally known as the 1992 Rio Declaration). The polluter pays principle has also been applied more
specifically to emissions of greenhouse gases which cause climate change. Greenhouse gas
emissions are considered a form of pollution because they cause potential harm and damage
through impacts on the climate. However, in this case, because society has been slow to recognize
the link between greenhouse gases and climate change, and because the atmosphere is considered
by some to be a 'global commons' (that everyone shares and has a right to use), emitters are
generally not held responsible for controlling this form of pollution. Many economists argue a
carbon price should be global and uniform across countries and sectors so that polluters do not
simply move operations to so-called 'pollution havens' – countries where a lack of environmental regulation
allows them to continue to pollute without restrictions.
Meaning
Polluter Pays Principle has become a popular catchphrase in recent times. 'If you make a mess, it's your duty to
clean it up'- this is the main basis of this slogan. It should be mentioned that in environmental law, the 'polluter
pays principle' does not refer to "fault." Instead, it favors a curative approach which is concerned with repairing
ecological damage. There is a close relationship between a country's environmental policy and its overall
socioeconomic policy2.
Furthermore, under this principle it is not the responsibility of government to meet the costs involved in either
prevention of environmental damage, or in carrying out remedial action, because the effect of this would be to
shift the financial burden of the pollution incident to the taxpayer.
But State practice does not support the view that all the pollution costs should be borne by the polluter,
particularly where transnational dispute is involved 3.
History4
The first mention of the Principle at the international level is to be found in the 1972 Recommendation by the
OECD Council on Guiding Principles concerning International Economic Aspects of Environmental Policies,
where it stated that: "The principle to be used for allocating costs of pollution prevention and control measures
to encourage rational use of scarce environmental resources and to avoid distortions in international trade and
investment is the so-called Polluter-Pays Principle." It then went on to elaborate: "This principle means that the
polluter should bear the expenses of carrying out the abovementioned measures decided by public authorities to
ensure that the environment is in an acceptable state."
However, the PPP evolved into what is called extended or strong PPP. In 1989, OECD
included in the PPP costs related to accidental
pollution. The PPP has also been reaffirmed in the
1992 Rio Declaration, at Principle 16: "National
authorities should endeavor to promote the
internalization of environmental costs and the use
of economic instruments, taking into account the
approach that the polluter should, in principle, bear
the cost of pollution, with due regard to the public
interest and without distorting international trade
and investment.", and is mentioned, recalled or
otherwise referred to in both Agenda 21 and the
World Summit on Sustainable Development
(WSSD) Johannesburg Plan of Implementation.
The PPP is widely acknowledged as a
general principle of International Environmental
Law, and it is explicitly mentioned or implicitly
referred to in a number of Multilateral
Environmental Agreements.
Flaws in the PPP
It is true that polluter pays principle has a
positive effect to reduce pollution. The principle
seems quite relevant for pollution that occurs
during industrial activity, although it remains
inefficient in the case of historical pollution. Legal
theorists discovered few loopholes of this rule. The
flaws are as follows:
Ø Firstly, ambiguity still exists in determining 'who
is a polluter'. In legal terminology, a 'polluter' is
someone who directly or indirectly damages the
environment or who creates conditions relating to
such damage. Clearly, this definition is so broad as
to be unsupportive in many situations5.
Ø Second, a large number of poor households,
informal sector firms, and subsistence farmers
cannot bear any additional charges for energy or
for waste disposal.
Ø Third, small and medium-size firms from the
formal sector, which mainly serve the home market

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