9. The quot polluter pays quot principle

9. The quot polluter pays quot principle . 75 34

A guiding principle in pollution prevention is the polluter pays principle.

If a polluter harms others, those who are harmed normally have a legal remedy.

A more prominent role for the polluter pays principle in the preamble was recommended.

They then get a permit which can be sold to a polluter who wants permission to emit more carbon.

It was also observed that further development of the topic should give greater emphasis to the polluter pays and precautionary principles.

In this area, in the framework of the polluter pays principle, it is easy to see that SIDS deserve maximum support

In environmental economics, there is a basic principle, called the polluter pays principle. It is a matter of both equity and efficiency.

Indonesia has become the third largest polluter in the world, after China and the US, because much of its forest grows on peatlands.

75. The Code of Conduct and the Convention on the Transboundary Effects of Industrial Accidents both contain the quot polluter pays quot principle.

It was also noted that recent practice had developed a three tiered approach, with funding from the polluter, a collective fund and the State.

The Kyoto Protocol was a major achievement, yet it left out 75 of the sources of emissions the US, the largest polluter, refused to sign.

The US has almost totally backed away from the global fight against pollution, and, through uncontrolled growth, solidifies its position as the world s leading polluter.

As the world s largest polluter, accounting for roughly a quarter of global carbon emissions, America s reluctance to do more is perhaps understandable, if not forgivable.

America s financial industry polluted the world with toxic mortgages, and, in line with the well established polluter pays principle, taxes should be imposed on it.

Thus, it stressed the need to develop national law on liability and compensation, and to achieve cost internalization, taking into account the polluter pays principle.

On environmental policy, Obama has pressed not for a carbon tax, but for a cap and trade system that, for the first generation, pays the polluter.

94. Some delegations wished to make it clear that the penultimate sentence in paragraph 46.8 constituted a reference to the principle that the polluter must pay.

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 was also perceived from the perspective of achieving cost internalization, thus according efficacy to the polluter pays principle, as reflected in principle 16 of the Rio Declaration.

Such a strict liability regime was in keeping with the polluter pays principle and was beneficial for victims of hazardous activities since it relieved them of the burden of proving fault.

In view of recent developments in the field of international environmental law, consultation could not replace the requirement that adequate compensation should be provided in accordance with the polluter pays principle.

The US and China are in a race to be the world s worst polluter America has long won the contest, but in the next few years, China will claim that dubious honor.

142. Delegations commended the positive impact of the cooperation between the Republic of Korea and UNDP, noting in particular the environment programme and the application of quot the polluter pays quot principle.

It was also noted that draft principle 4, particularly the application of no fault liability under paragraph 2, should be carefully studied, with some delegations seeking more prominence for the polluter pays principle.

Secondly, that liability regime should include the imposition of liability on the operator or, where appropriate, other person or entity, without requiring proof of fault. Those strict criteria echoed the polluter pays principle.

Recompense for these expenses could be obtained through a garnishee of income from future activities, thus making the polluter pay, but on an incremental basis and without affecting the continuation of the operation.

Agreement was expressed for the provisions of the present draft principle, noting that the draft principle was consistent with the principles of the Rio Declaration as well treaty practice, which applied the polluter pays principle.

In particular, it was noted, in respect of paragraph 2, that the polluter pays principle was tempered by the additional reference that liability may, where appropriate, attach to a person or entity other than the operator.

That provision might constitute the legal ground for the quot polluter pays quot principle. However, it should be borne in mind that a breach of that principle would entail responsibility for damage which had already occurred.

(b) Examination of the implications for the poor of national and international polices relating to environment (e.g., application of the polluter pays principle environmental standards that might adversely affect the poor) (para. 3.8 (d, f, h, o)).

She welcomed the Commission apos s intention to devote further study to the polluter pays principle and thought that the relevant legal regime should be based not on the liability of the State but on that of the operator.

The military which the United States Government itself ranked as the nation's biggest polluter must meet its existing legal obligations to decontaminate the land and return it to the people of Vieques so that they might truly live in peace.

They considered models that established direct liability claims under civil liability, such as those originally proposed by the Special Rapporteur in draft principle 4, alternative B (see A CN.4 540, para. 38), to be preferable and more in line with the polluter pays principle.

Water quality improvements could be realized through a variety of options treatment of municipal, industrial and agricultural waste water public awareness raising application of the polluter pays principle for control of pollution and excessive use of fertilizers and pesticides environmental impact assessments and promotion of cleaner technologies.

30. Accordingly, it might be advisable, at the current stage, to concentrate on the study of prevention ex ante, without excluding the need to examine the legal consequences of preventive measures ex post from the standpoint of the clean up obligation and the polluter pays principle.

That formulation when read together with paragraph (13) of the commentary to the draft principle and paragraphs (11) to (14) of the commentary to draft principle 3 seemed to place the polluter pays principle in competition with other options, an approach which did not comport with recent practice.

During the current year, Slovenia had adopted the Environmental Protection Act and the Public Trading Services Act, which had established a system for exploiting natural goods and resources under environmentally sensitive conditions and respecting the quot polluter pays quot principle. In addition, Slovenia was seeking to cooperate with non governmental