LIJDLR

International environmental law

AN ANALYSIS ON THE EFFECTIVENESS OF THE POLLUTER PAYS PRINCIPLE IN PROMOTING SUSTAINABLE DEVELOPMENT

Volume III Issue IV /

AN ANALYSIS ON THE EFFECTIVENESS OF THE POLLUTER PAYS PRINCIPLE IN PROMOTING SUSTAINABLE DEVELOPMENT S. Keerthana, B.COM LLB (hons) 4th year at Tamil Nadu Dr Ambedkar Law University, SOEL (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.219 The Polluter Pays Principle has become one of the important elements in both domestic and International Environmental Governance. The Polluter Pays Principle was first referred to by the members of the Organisation for Economic Co-operation and Development (OECD), which defines the Polluter Pays Principle as ‘allocating costs of pollution prevention and control measures’ in 1972, and it was also referred to in principle 16 of the Rio Declaration of 1992. Even though it was not explicitly mentioned in any legislation relating to Environmental law in India, they have been constantly recognised by the Indian Supreme Court, and one such landmark case is the Indian Council for Enviro-legal  Action v Union of India  In this case, it has been held that the Polluter Pays principle establishes absolute liability of the Polluter not only to compensate the victim but also to bear the cost of restoration of environmental damages caused by him. So basically, the Polluter Pays Principle means that if any person causes pollution to the Environment, they are liable to pay damages and restore the environment. This paper examines the effectiveness of the Polluter Pays Principle in promoting sustainable development among individuals, corporations and the Government, and further assesses how the polluter pays principle acts as a regulatory tool in controlling environmental degradation and maintaining ecological balance through international instruments. This paper proposes that strong polluter liability, transparency in holding polluters liable for pollution, global cooperation, and industrial policy to regulate industries will help achieve sustainable development. 

AN ANALYSIS ON THE EFFECTIVENESS OF THE POLLUTER PAYS PRINCIPLE IN PROMOTING SUSTAINABLE DEVELOPMENT Read More »

BRIDGING THE DIVIDE: ADDRESSING THE GAP BETWEEN DEVELOPED AND DEVELOPING NATIONS IN INTERNATIONAL ENVIRONMENTAL LAW

Volume III Issue II /

BRIDGING THE DIVIDE: ADDRESSING THE GAP BETWEEN DEVELOPED AND DEVELOPING NATIONS IN INTERNATIONAL ENVIRONMENTAL LAW Bhagesh Gupta, Law Student. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.57 This study explores the systematic legal and financial imbalance that hinders equitable participation in international environmental law. International environmental law allows nations to work together to address issues such as pollution, climate change, and loss of biodiversity. The Stockholm Conference of 1972, the Rio Conference of 1992, and the Paris Agreement of 2015 are examples of treaties that have made provisions for sustainable development and the protection of the environment. Owing to differences in the monetary and non-monetary resources, developed and developing countries are still not on par. Developed countries tend to invest in renewable sources of energy, the latest technologies on waste management, and tech innovations, but developing markets have limited range in some of these areas, as they rely on traditional energy, and have poorer infrastructure and economic resources. The study highlights the role of funding innovation, sharing, and institutional partnerships in bridging the gap. Closing this gap requires sustainable coalitions such as financial support, technology transfer, and infrastructure provision. The Green Climate Fund and other development approaches, such as public-private partnerships, can assist the underdeveloped economy to acquire the required resources to foster ecologically sustainable practices. Debt-for-nature swaps and taxation incentives can also bolster investments in ecology.

BRIDGING THE DIVIDE: ADDRESSING THE GAP BETWEEN DEVELOPED AND DEVELOPING NATIONS IN INTERNATIONAL ENVIRONMENTAL LAW Read More »