Polluter pays principle free download as powerpoint presentation. This emerged at a hearing in the european parliament on tuesday 11 april. The polluter pays principle is a way of internalising the externality. This article traces the evolution of polluterpaysprinciple ppp as an economic. This work traces the history of the polluter pays principle the ppp in the early economic literature from 1920s. This principle is based on the fact that as much as pollution is unavoidable, the person or industry that is responsible for the pollution must pay some money for the. The polluter pays principle is one of the central guiding principles of the ospar convention and requires that the costs of pollution prevention, control and reduction measures must be borne by the polluter. Janannath v union of india, applying the said principle, the court held the aquaculture shrimp culture industry that had been functioning within the coastal regulatory zone crz notification as liable to pay the affected persons on the basis of the polluter pays principle. Purchase the print copy and get immediate access to the content online including option to download. The polluter pays principle isbn 97892641374 99 1951 28 1 p the polluter pays principle the polluter pays principle. Nor does it mean that the polluter should merely pay the cost of measures to prevent pollution.
The polluter pays principle is valid, but it needs to be better understood and, ultimately, to be reinstated under institutionalarrangements that make it effective and fair. Sep 27, 2018 the polluter pays principle has received support from most countries of the organisation for economic cooperation and development oecd and from the european community ec. The centre was established in 1988 and is a joint venture by the international institute for environment and development iied and university college london ucl. Polluter pays principle pollution supreme court of india. In a purely free market one only faces their private costs. Muhammad munir has posted history and development of the polluter pays principle, an article tracing the history of the ofteninvoked principle in economic and legal thought. In the light of the precautionary principle, environmental legislation may also provide for measures which are taken to. In environmental law, the polluter pays principle is enacted to make the party responsible for producing pollution responsible for paying for the damage done to the natural environment. This article traces the evolution of polluterpaysprinciple ppp as an economic, ethical and legal instrument and argues that it has the potential of effecting global responsibility for adaptation and mitigation and for generating reliable funding for the purpose.
Making the polluter pay foundation for economic education. The polluter pays principle in case law of the european court of justice, 2009 eeelr, pp. The polluter pays principle states that whoever is responsible for damage to the environment should bear the costs associated with it. In the 1972 declaration of the united nations conference on the human. The polluter pays principle originates from the economic theory of the internalization of externalities, which imposes on the polluters the social costs borne by public authorities responsible for inspecting, monitoring and controlling pollution. Sep 17, 2015 the polluter pays principle is logical and simple those who cause pollution and environmental damage should be responsible for rectifying it. The 16th of the 27 principles enshrined in the rio declaration on environment and development outlined this as, the approach that the polluter. The polluter pays principle underpins environmental policy such as an ecotax, which, if enacted by government, deters and essentially reduces greenhouse gas emissions. This article charts the application and development of the polluter pays principle ppp in one sphere of international law civil liability for accidental marine oil pollution. Sep 27, 20 muhammad munir has posted history and development of the polluter pays principle, an article tracing the history of the ofteninvoked principle in economic and legal thought. The polluter pays rhetoric is still often used, and most americans probably think that current environmental policies make polluters pay.
The oecd recommended the ppp as the guiding principle concerning the international economic aspects of environmental policies in 1972. Superfund is a policy under which polluters and nonpolluters alike are forced to pay exorbitant sums. The polluter pays principle is only one of several important environmental principles. Simon caney has recently defended a hybrid view, which includes versions of both of these principles. To maintain a modest charging level, the scheme aims at recovering only the operating and maintenance cost of. Tool for environment pollution control and management. Polluter pays principle an overview sciencedirect topics.
Since an environmental harm is often an externality. Processes, procedures and policies various companies ppp. In international environmental law, it is mentioned in principle 16 of the 1992 rio declaration on environment and development. Characteristics of environmental goods environmental goods are public goods. Application and development of the polluterpays principle. Interpreting the polluter pays principle in the trade and. The polluter pays principle is logical and simple those who cause pollution and environmental damage should be responsible for rectifying it.
In 1972, the oecd wrote guiding principles concerning. The polluter pays principle aims at ensuring that the costs of environmental control fall in the first place on. The court has said that the polluter pays principle applies to all states and local bodies tort law. I then discuss some support for the beneficiary pays principle that has been developed in the literature.
The polluter should pay for the damage he is causing to the environment. We also discuss the acceptability of the polluterpays principle and compare it with the vickreyclarkgroves mechanism. Polluter pays principle prof prabha panth, osmania university 2. With the introduction of the sewage services charging scheme, dischargers are required to pay the cost of the sewage services according to the pollution level and quantity of their discharge. By the same token, the ppp encapsulates the setting up of a system of charges by which the. The polluter pays principle is the commonly accepted practice that those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment. The polluter pays principle has received support from most countries of the organisation for economic cooperation and development oecd and from the european community ec. Polluter pays principle ppp polluters or environmental violators will not willingly pay for the clean up of the environment, even though they are guilty of spoiling it. The polluter pays principle ppp or principle requires the polluter to bear the expense of preventing. The polluters pays principle is the commonly accepted practice that those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment. The polluter pays principle is mainly implemented by means of commandandcontrol approaches but can also be applied via marketbased.
Mar 07, 2015 precautionary principle and the polluter pay principle 1. The polluter pays principle means that the polluter should be charged. The polluter pays principle ppp is an environmental policy principle which requires that the costs of pollution be borne by those who cause it. Interpretation of polluter pays principle ppp in india. The polluter pays principle ppp is the commonly accepted practice that the. A correct interpretation of the polluter pays principle would define pollution as any by. The polluter pays principle is normally implemented through two different policy approaches. The general rule holds even if we exclude the united states and those less wealthy countries whose domestic mitigation effort may not be affected by the agreement in the short term.
This principle, which is intuitively sensible, was trumpeted by early environmentalists as a means to discourage environmental harms. Environmental principles have been heralded as bringing much to environmental law and this has been welldiscussed elsewhere. Polluter pays principle is a globally well recognized and a much celebrated environmental law principle. The 1987 report greatly influenced the rio earth summit of 1992, which, for the first time, explicitly enshrined the polluter pays principle. Precautionary principle and the polluter pay principle 1. Latest and breaking news on polluter pays principle.
Making the polluters pay competitive enterprise institute. Many countries pay lip service to the pp principle as a regulation scheme. We then examine the problem of applying the polluter pays principle when. The polluter pays principle does not only apply if there is a real pollution in terms of harm or damage to private property andor the environment. This article traces the evolution of polluter pays principle ppp as an economic, ethical and legal instrument and argues that it has the potential of effecting global responsibility for adaptation and mitigation and for generating reliable funding for the purpose. The polluter should pay, that is the simple principle underpinning the environmental liability directive. The environmental liability directive eld is a law that could, and should, be a powerful tool for putting this into practice, but it is widely underused or, in some cases, unknown. The polluter pays principle has been held to be a sound principle by this court in indian council for enviro legal action v. 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 socalled polluterpays principle. The idea that a polluter should pay for the environmental harm it causes is wellrooted in western legal history. The primary function of the principle is that it helps in allocating the costs and repairing the damage, between different stakeholders, for the harm caused by them to the environment. Explore polluter pays principle profile at times of india for photos, videos and latest news of polluter pays. In essence, the union interpretation of the polluter pays principle is not shared by the member states.
It is regarded as a regional custom because of the strong support it has received in most organisation for economic cooperation and development oecd and european union countries. Regulation, polluterpays principle, responsibility for pollution impact, externalities. The rise and fall of the polluterpays principle in. The article begins with economists ac pigou, av kneese, and others, and proceeds through legal developments, including the 1968 draft declaration of principles on air.
This is not because their laws are explicitly or implicitly based upon different models of the polluter pays principle as such. If we accept the general principle that the polluter should pay, then we recognize that broad, driftnet emissioncontrol strategies are illconceived. Analysis of the effectiveness of the polluter pays. Environment in stockholm the principles did not feature, but in 1992 in rio. The polluter pays principle, the oecds guiding principles, oecds environmental policies. Jun 24, 2014 the polluter pays principle ppp is an environmental policy principle which requires that the costs of pollution be borne by those who cause it. The principle, according to which the polluter should pay when environmental damage occurs the polluter pays principle, is set out in the treaty establishing the european community. But the legal text is riddled with loopholes and is not being implemented uniformly across the eu. Precautionary principle and the polluter pay principle. The supreme court has sought an explanation from the governments of haryana, punjab and uttar pradesh on why they should not be punished under tort law and be made to pay a hefty penalty for stubble fires seen so far this season. Reversing an earlier lower court decision, the inner house ruled last week that the joint liquidators of a scottish company could not abandon that companys heritable property, in effect mines and quarries, so as to avoid significant cleanup and restoration costs. Jul 02, 2012 the polluters pays principle is the commonly accepted practice that those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment.
Other important principles include the precautionary principle and the principles of preventive action and. The polluter pays principle is not a principle of compensation for damage caused by pollution. The polluterpays principle might not be acceptable. Putting the polluter pays principle into practice clientearth. In its original emergence the polluter pays principle aims at determining how the costs of pollution prevention and control must be allocated. Polluter pays principle pollution supreme court of. The polluter pay principle david pearce london environmental economics centre this gatekeeper series is produced by the london environmental economics centre leec. It basically renders the polluter responsible for the damage it causes to the environment. Other elements of the agreement, detailed in this paper, also signify a treatyled elevation of the polluterpays principle in the climate change regime.
The polluter pays principle has been a part of european waste legislation. Mann ian, a comparative study of the polluter pays principle and its international. Economic goods have ownership, the owner has the right to sell it in the market. Thus, the polluter pays principle is the idea of paying the total social cost of the act rather than only paying the private cost. The polluter pays principle is one of the central guiding principles of the ospar convention and requires that the costs of pollution prevention, control and reduction measures must be borne by the polluter the polluter pays principle is mainly implemented by means of commandandcontrol approaches but can also be applied via marketbased mechanisms, e. This principle acts as a deterrent against the violation of environmental standards and thereby contributes to meeting the objectives and implementing eu. Polluter pays principle how is polluter pays principle. Drainage services department polluter pays principle. Apr 12, 2017 the polluter should pay, that is the simple principle underpinning the environmental liability directive. It makes the firmconsumer pay the total social cost, rather than just the private cost. It requires that the costs of pollution should be borne by the entity which profits from the process that causes pollution. May 11, 2018 polluter pays principle is a globally well recognized and a much celebrated environmental law principle. The polluter pays principle is an environmental policy principle which requires that the costs of pollution be borne by those who cause it. Some of the literature is referred to briefly for contextual purposes at relevant points in the discussion that.
The article begins with economists ac pigou, av kneese, and others, and proceeds through legal developments, including the 1968 draft declaration of principles on air pollution control by the committee of ministers of. Discussions of where the costs of climate change adaptation and mitigation should fall often focus on the polluter pays principle or the ability to pay principle. Thus, the polluter pays principle is one of the most efficient principles of environmental policies. Commandandcontrol approaches include performance and. Chapter 2 coauthored with christian barry examines what we take to be the most challenging objections that have been presented to the beneficiary pays principle. The principle means that the polluter should bear the expenses of. The court observed, we are of the opinion that any principle evolved in this behalf should be simple, practical and suited to the conditions obtaining in this country. Forcing hundreds of small businesses to file extensive environmental reports makes little sense if the actions of only a few are causing environmental problems. The polluterpays principle in international climate. History and evolution of the polluter pays principle. The polluter pays principle is an economic principle through which external costs can be.
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