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  • The Polluter Pays Principle and Its Implementation in the UK and EC Law

     

    Essays6 Law

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ID number:371161
 
Evaluation:
Published: 19.04.2004.
Language: English
Level: Secondary school
Literature: n/a
References: Not used
Extract

5.Conclusion - The true value of the principle.
It had been described as a principle, although it has actually earned by its application some legal value, even very limited, but quite important. The polluter pays principle is around and has a great importance if seen from a certain perspective. It is apparently the basis for every legal context that includes a provision for liability for pollution.
It has affected the laws considering the pollution of water, air and land providing the legislators with the appropriate feedback in order to establish norms that can protect the environment from abuse. Although it is doubtful whether its influence had been spread to customary international law, it has clearly been implemented in states of the EC.
The main problem that appears to be holding back the principle, is the financial relief given to many polluters and the lack of identification of the polluters, which results that the public has to bear the costs of pollution. "Unless polluters are heavily taxed or the penalty in terms of costs is loaded with a deterrent sanction, there is little prospect of the polluter pays principle achieving the goal of preventing environmental harm" .

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