File Name: polluter pays principle advantages and disadvantages .zip
The polluter pays principle usually refers to environmental costs, but it could be extended to any external cost.
National Monthly Journal, I. The strength of contraction and convergence is that it satisfies all these principles. Sir John Houghton The paper starts with the basic knowledge of the Polluter Pays Principle and proceeds with the Historical evolution of the principle. The paper also deals with how the International and national development of the principle. The adoption of the principle in the legislation and judiciary is also dealt in detail in the paper.
They include some of the following, precautionary principle, polluter pays principle, user pays principle etc. Polluter Pays Principle PPP requires that an environmental polluter should be held responsible to pay compensation to victims and the cost of remedying harm to the environment occasioned by pollution caused by the polluter3. Who then is the polluter? Oxford University Press, p.
If the polluters have to pay for the cost of any pollution they cause, market forces will then encourage them to change their activities. Section 16 Rio Declaration provides "National authorities should endeavour 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 regard to the public interest without distorting international trade and investment"5.
In Nigeria, the PPP has been incorporated into our statutes book. For instance, Section 12, Harmful Wastes Special Criminal Provisions Act provides "where damage has been caused by any harmful waste which has been deposited or dumped on any land or territorial waters or contiguous zone or Exclusive Economic Zone of Nigeria or its inland waterways, any person who … shall be liable for the damages except where the damage a was due wholly to the fault of the person who suffered it; or b was suffered by a person who voluntarily accepted the risk".
Also See Cap. Farrar8the court held that the polluter will be liable to the victims for the cost of reparation, restitution or compensation determinable by the Agency.
For, this law enables the government to recover from responsible parties the costs of their pollution activities and renders polluters responsible for remedying the harmful conditions they created. Therefore, if a potential polluter examines the likely consequences of its intended activity and the fact that he has to pay the cost for remedying the situation, he will be deterred from going into such activity.
The polluter pays principle also help in the apportioning of blame to the one who causes the pollution. Instead of blaming everybody for somebody's crime, the individual or state which had in fact caused the pollution is the one that is blamed and is the one that will pay.
One of the evident disadvantages is that of the situation where there is no causal link between the polluter and the pollution. If the pollution cannot be traced to the polluter what happens? This means that the polluter goes without being punished.
Another 7 Amokaye G. Also see U. What happens? Criticism has been directed the situation where there is a joint and severable pollution. If for instance, there are people that cause the pollution, the reason for adopting polluter pays principle may be defeated. For instance if the total damage is N and 10 people caused the damage, they may each pay N10 and so the deterrent effect of this principle will be defeated.
Another disadvantage to this principle is that in a situation where harm cannot be quantified based on monetary considerations for happens? Finally, it is important to acknowledge the fact that the polluter pays principle is only corrective and not preventive.
Hence, the damage would have occurred before there can be a reparation and most times these reparations can put the environment in the same way it was before the pollution. However, before I conclude, it important to assert that there are two mechanisms in the enforcement of the polluter pays principle and they are: cost and reparation.
Oxford University Press, Amokaye G. Related Papers. By Peace Adeleye. By Prachi Verma. By Philip Oamen. Download file. Remember me on this computer. Enter the email address you signed up with and we'll email you a reset link. Need an account? Click here to sign up.
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. It is a fundamental principle in US environmental law. According to the French historian of the environment Jean-Baptiste Fressoz, financial compensation not named "polluter pays principle" at that time is already the regulation principle of pollution favoured by industrials in the nineteenth century. The polluter pays principle underpins environmental policy such as an ecotax , which, if enacted by government, deters and essentially reduces greenhouse gas emissions. 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 rehabilitation of the polluted environment. The state of New South Wales in Australia has included the polluter pay principle with the other principles of ecologically sustainable development in the objectives of the Environment Protection Authority. The directive entered into force on 30 April ; member states were allowed three years to transpose the directive into their domestic law and by July all member states had completed this.
Abstract: This article traces the evolution of polluter-pays-principle (PPP) as an damages, and their estimation through expanded versions of cost benefit analysis that includes the Drawbacks and Feasibility. online: sdstringteachers.orgresource/docs//awglca4/eng/misc05a02ppdf (accessed on
For instance, a factory that produces a potentially poisonous substance as a by-product of its activities is usually held responsible for its safe disposal. 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.
Какого черта ему здесь надо? - спросил Стратмор, как только они с Сьюзан оказались за дверью Третьего узла. - Как всегда, валяет дурака, - сказала Сьюзан. Стратмор не скрывал недовольства.
Какое отношение это имеет к директорскому кабинету. Мидж повернулась на вращающемся стуле.
The tax means that the price we pay more accurately reflects social costs. The principle of the polluter pays is a way of internalizing the external. This forces the.Prudenciano Q. 12.12.2020 at 18:28
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the importance and merits of the Polluter-Pays Principle, not only as their respective advantages and drawbacks, it would be desirable to establish whether.