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2010
The aim of this paper is to show the limits of the discretionary power that EU primary law provides for public authorities in determining the polluter in order to allocate the costs of pollution under the polluter pays principle. According to the ECJ, the polluter is a person who by his activity contributes to the risk that pollution occurs. Hence, public authorities may not classify someone as a polluter if he did not cause the pollution. Causation in the polluter pays principle can be compared to causation in civil liability. When the legislator predetermines the polluter in the legislation, he uses ex ante causal probabilities, but when public administrations or national courts identify the polluter in a concrete case they should use the condition sine qua non theory. This is confirmed by secondary legislation and case law, especially in the fields of waste management, environmental liability.
Hitotsubashi journal of law and politics
Liability for Environmental Harm in Europe: Towards a Harmonised Regime?2016 •
During the 1980s, the question of liability for environmental harm emerged as a critical question in various legal systems, as well as at supranational level. A trend emerged aimed at the re-evaluation of civil liability as an instrument for the prevention of damage arising from pollution activities potentially dangerous to mankind and the environment. In particular, it is important to remember that since the beginning of the ʼ80s attention paid to environmental Hitotsubashi Journal of Law and Politics 44 (2016), pp.43-65. C Hitotsubashi University
The Polluter Pays Principle (PPP) first appeard in 1972 in the Organisation for Economic Cooperation and development, in the Guiding Principles concerning international economic aspects of environmental policies. It is a principle of the international law where the polluting party pays for the damage done to the natural environment. The Polluter Pays Principle involves not only environmental issues but also economic ones as long as it requires to the polluter to take responsibility for the external costs arising from its pollution. This principle seems to be fair from the economic, social and environmental perspective, but if we see in its details some questions arised: Who should pay for the polluten charges and how much must he be churged? While this principle has caused such profound disagreements and sceptical stances regarding its application, Albania is still far away from the real implementation of the Polluter Pays Principle. Through an historical, analytical and comparetive study this paper aims to answer the above questions on who must pay and how much?, examines its application in the EU member countries and examines the possibilities of its implementation in the Albanian legislation.
EU and Comparative Law Issues and Challenges Series
The ‘Polluter Pays’ Principle: The Croatian ExperienceThe ‘polluter pays’ principle (PPP) is one of the four tenets of the European Union’s (EU) environmental policy. Where the PPP is successfully applied, the polluter bears the cost of pollution, including the cost of prevention, control, and removal of pollution, as well as the cost it causes for the society and the respective population. The PPP is to discourage polluters from environmental pollution by holding them liable for the pollution by means of having the polluters, and not the taxpayers, bear the remediation cost. This paper juxtaposes the application of the PPP in the case law of the Court of Justice of the European Union and Croatian jurisprudence. Following an overview of the PPP in EU law, the paper briefly reviews two CJEU cases (Van de Walle and Erika) that concern the question of whether liability for incidental pollution is attachable to both the manufacturer of dangerous material and the polluter. Next, the paper examines the application of the PPP in the Croatian ...
2010 •
In search for equity at the Rio summit, it was suggested that in case of pollution or any other environmentally negative effect, the costs are inflicted on the responsible agents to pay for the rectification. The Polluter Pay Principle (PPP) has since then been touted as a useful environmental management tool that makes provisions for innovative penalties seeking to place the burden of environmental pollution control on those that abuse the environment. Despite such euphoria, the results on the ground have been appalling. In this analysis we question the practical utility of the PPP viz avis the deteriorating environmental fabric of many nations. The analysis reveals that it is cheaper for many individuals, organizations or even countries to pollute the environment and pay a fine than to install systems that require the constant monitoring of the environment. Emphasis of the PPP is misplaced as it focuses on curing damages and not on the process that brings the environmental problem...
International Journal of Law, Management and Humanities
Polluter Pays Principle: Essential Element of Environmental Law and Policy.pdf2019 •
1996 •
The legal system has a crucial preventive and corrective role to play regarding environmental damage. To this end, together with measures adopted in other legal areas such as administrative, criminal or civil law, both public and private international law are also a source of solutions for dealing with environmental liability in cases that go beyond purely domestic matters. This entry is written from the private international law perspective and primarily focuses on how the jurisdiction and the law applicable to environmental damage cases are determined in the European context. After briefly presenting the jurisdictional issues (art 5(3) of the Brussels Convention (Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters [1986] OJ C 298/1, (consolidated version) [1998] OJ C 27/1); the Brussels I Regulation (Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, [2001] OJ L 12/1); and art 7(2) Brussels I Regulation (recast) (Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), [2012] OJ L 351/1), it covers the most relevant features of national conflict of law rules existing in this sector before the application of the Rome II Regulation (Regulation (EC) No 864/2007 of the European Parliament an of the
Public Law and Administrative Law in the Italia legal system. Collected essays.
The polluter-pays principle and environmental liability: an Italian perspective2019 •
In Italy, as elsewhere, the existence of contaminated sites has become in the last few years a problem of nation-wide concern and of increased public interest. Nonetheless, there are a number of shortcomings under the legislation presently in force, and specifically Legislative Decree No. 152 of 2006 (Environmental Code), in regards to clean-up and restoration of polluted sites, especially when the latter consist of “orphan-sites”, or contamination is of an historical nature.
Scholars International Journal of Law, Crime and Justice
The polluter Pays Principle and The Law in Cameroon: Too much or too little?2019 •
Dian Dwi Purwati
Mekanisme Memori dan Berpikir dalam Sistem Komunikasi Intrapersonal: Perspektif Psikologi Komunikasi2024 •
2023 •
RePEc: Research Papers in Economics
Social cohesion after armed conflict: A literature review2021 •
2022 •
HAL (Le Centre pour la Communication Scientifique Directe)
Synchrosqueezing temporel d'ordre 2 de la transformée de Fourier à court terme2019 •
Tropical Diseases, Travel Medicine and Vaccines
International health regulations and pre-travel health practices of international travelers at Nigerian airport: a cross-sectional study2023 •
Iberoamerican Journal of Industrial Engineering
A Influência do Capital Intelectual no Potencial de Inovação das Universidades2013 •
International Journal of Livestock Research
Effect of Supplementation of Zinc Oxide (ZnO) and Zinc Methionine (ZnM) on Gut Microbial Status in PigletsIRA - international journal of applied sciences
Realization and Experimental Study of a Hybrid Cooker (Solar-Biomass) in a Sahelian Climate2023 •
DIMACS series in discrete mathematics and theoretical computer science
Graph partitions and concept lattices2007 •
International Journal of Advanced Engineering Research and Science
Realistic simulation as a facilitating tool in the teaching-learning process in urgency and emergency: Experience report2020 •
Youri Mossoux