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21 - The polluter pays principle: dilemmas of justice in national and international contexts

from Part VI - Corporate activities and trade

Published online by Cambridge University Press:  28 June 2009

Jonas Ebbesson
Affiliation:
Stockholms Universitet
Phoebe Okowa
Affiliation:
Queen Mary University of London
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Summary

Introduction

The Polluter Pays Principle (PPP) is one of the internationally recognized principles that influence the shaping of environmental policy at both the national and international level. As one of the environmental principles that have developed ‘from political slogans to legal rules,’ it is also increasingly reflected in national and international law.

It is seen and analyzed both as a principle of environmental economics and as a principle of environmental law. In environmental economics, it is discussed as an efficiency principle of internalization of environmental costs. As a legal principle, it is usually treated as a principle for the allocation of the cost of pollution prevention, and for liability and compensation for environmental damage.

In general, it is regarded as an important and ‘right’ principle in the perspective of environmental protection. It is often mentioned together with other major environmental principles such as the precautionary principle, the principle of prevention and the principle of integration.

The PPP is expressed in numerous international recommendations and treaties. For example, it was included in the EC Treaty in 1987 in Article 130R of the Single European Act (now Article 174 of the EC Treaty), which states that the policy of the Community ‘should be based on the principle…that the polluter should pay’. It is also expressed in the 1992 Declaration of the UN Conference on Environment and Development (‘Rio Declaration’) as Principle 16. The meaning of the principle in international instruments is not always clear, and it differs.

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Publisher: Cambridge University Press
Print publication year: 2009

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References

Baumol, W. J., and Oates, W. E., 1988. The Theory of Environmental Policy. 2nd edn, Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Birnie, P., and Boyle, A., 2002. International Law and the Environment. 2nd edn, Oxford: Oxford University Press.Google Scholar
Bugge, H. C., 1996. ‘The Principles of “Polluter Pays” in Economics and Law’, in Eide, Erling and Bergh, Roger (eds.), Law and Economics of the Environment, Oslo, 53–90.Google Scholar
Caney, S., 2005. ‘Cosmopolitan Justice, Responsibility, and Global Climate Change’. 18 Leiden Journal of International Law747.CrossRefGoogle Scholar
Coase, R. H., 1960. ‘The Problem of Social Cost’. 3 Journal of Law and Economics1–44.CrossRefGoogle Scholar
Coase, R. H., 1998. ‘Notes on the Problem of Social Cost’, in Coase, R. H., The Firm, the Market, and the Law. Chicago: University of Chicago Press.Google Scholar
Coleman, J. L., 1992. Risks and Wrongs. Cambridge Studies in Philosophy and Law, Cambridge: Cambridge University Press.Google Scholar
Eide, E., and Stavang, E., 2005. Rettsøkonomi. Oslo: Cappelen Akademisk Forlag.Google Scholar
Freeman, A. M., 2003. The Measurement of Environmental and Resource Values: Theory and Methods. 2nd edn, Washington, DC: Resources for the Future.Google Scholar
Garrod, G., and Willis, K. G., 1999. Economic Valuation of the Environment – Methods and Case Studies. Edward Elgar Publishing.Google Scholar
Kokott, J., 1999. ‘Equity in International Law’, in Tóth, F. L. (ed.), Fair Weather: Equity Concern and Climate Change. London: Earthscan.Google Scholar
Macrory, R. (ed.), 2004. Principles of European Environmental Law. The Avosetta Series 4, Groningen.
Meissner, W., 1985. ‘Prinzipen der Umweltpolitik’, in Rudolf, Wildeman (ed.), Umwelt, Wirtschaft, Gesellschaft – Wege zu einem neuen Grundverständnis. Baden-Württenberg.Google Scholar
,OECD, 1992. The Polluter-Pays Principle. Paris: OECD.Google Scholar
Pagh, P., 1998. Miljøansvaret. Copenhagen.Google Scholar
Pearce, D., 1990. ‘Being Fair to the Future’, in Towards an Ecologically Sustainable Economy, FRN Rapport 90:6, Stockholm.Google Scholar
Pearce, D., 1995. Blueprint 4: Capturing Global Environmental Value. London: Earthscan.Google Scholar
Pearce, D., and Turner, R. K., 1990. Economics of Natural Resources and the Environment. New York.Google Scholar
Pearce, W., Markandya, A., and Barbier, E., 1989. Blueprint for a Green Economy. London: Earthscan.Google Scholar
Pigou, A. C., 1924. The Economics of Welfare. London: Transaction Publishers.Google Scholar
Mitchell, Polinski, A., 1989. An Introduction to Law and Economics. 2nd edn, Boston and Toronto: Little, Brown & Co.Google Scholar
Rehbinder, E., 1972. Politische und rechtliche Probleme des Verursacherprinzips. Berlin.Google Scholar
Sadeleer, N. D., 2000. Environmental Principles: From Political Slogans to Legal Rules. Oxford: Oxford University Press.Google Scholar
Tietenberg, T., 1994. Environmental Economics and Policy. New York: Addison Wesley.Google Scholar
,World Commission on Environment and Development, 1987. Our Common Future. Oxford: Oxford University Press.Google Scholar

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