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Schwartz, Priscilla --- "The Polluter-Pays Principle" [2010] ELECD 600; in Fitzmaurice, Malgosia; Ong, M. David; Merkouris, Panos (eds), "Research Handbook on International Environmental Law" (Edward Elgar Publishing, 2010)

Book Title: Research Handbook on International Environmental Law

Editor(s): Fitzmaurice, Malgosia; Ong, M. David; Merkouris, Panos

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847201249

Section: Chapter 12

Section Title: The Polluter-Pays Principle

Author(s): Schwartz, Priscilla

Number of pages: 20

Extract:

12 The polluter-pays principle
Priscilla Schwartz



Introduction
Despite the lack of a universally accepted definition of what pollution entails, and the special
problems in addressing it, regulating pollution has been a consistent endeavour in interna-
tional law, policy and relations. Controlling pollution has been addressed with a focus on
specific media (land, air or water) in the context of its detrimental effects, its interference
with other uses of the environment or in terms of allowable quality standards of discharge of
substances in relation to the assimilative capacity of the environment (Ando 1981: 350­1;
Springer, 1983: 13­15). Generally, international regulatory trends have emphasised prohibi-
tion of pollution (Trail Smelter Arbitration, 1938/1941), state responsibility or liability upon
proof of damage (Case Concerning Factory at Chorzów (Claim for Indemnity), 1928: No.
17), complicity with broad standards, use of specified technology, emergency plans,
preparedness and cooperation and in some cases sector-specific institutional controls.
This regime became insufficient to deal with the wave of environmental pollution,
resource depletion and damage engendered by contemporary economic activities, especially
since there is still no global treaty on civil liability for transboundary pollution or damage and
the availability of civil law remedies for transboundary damage cannot be assumed (Boyle,
2005: 4). The international system therefore needed to develop a consistent global strategy
for allocating responsibility for the cause and effects of pollution, including a mechanism by
which the costs of pollution can be integrated into resource use planning and decision-
making. Such a ...