ENVIRONMENTAL LAW

COURSE CODE: LAW-310

ASMITA HOSSAIN
REG NO: 18211033
CORE TOPIC: POLLUTER PAYS PRINCIPLE OF
ENVIRONMENTAL LAW
 TABLE OF CONTENT

01 02
INTRODUCTION WHAT IS POLLUTER
PAYS PRINCIPLE?
03 04
BACKGROUND MAIN OBJECTIVE OF
POLLUTER PAYS
05 PRINCIPLE
EXAMPLE OF 06
POLLUTER CASE LAW
PAYS 07
CONCLUSION
 INTRODUCTION

International Environmental Law (IEL) is in relation of attempt to

control pollution and depletion of natural resources within the
frameworks of sustainable development. It is a branch of public
international law which is a body of law created by states for states to
govern problem arises between states.
WHAT IS POLLUTER PAYS
PRINCIPLE?

The ‘polluter pay’ principle essentially holds

the polluter liable for the pollution caused to
the environment. The polluter is liable for
every damage caused to the environment. So
according to the ‘polluter pay principle’, the
polluter has to not only compensate the
victims of pollution but also compensate for
the restoration of environmental degradation
caused Under 1972 and 1974 OECD
Recommendation(1)(2)
 BACKGROUND

The ‘polluter pay’ principle was first introduced by the Organization of Economic
Cooperation and Development(OECD) in 1972. the polluter is responsible for the
controlling and prevention of pollution associated with the process of the factory.
Pollutants were soon recognized by the World Commission on Environment and
Development as a form of waste.
 MAIN OBJECTIVE OF
POLLUTER PAYS PRINCIPLE

The principle to be used for allocating costs

of pollution prevention and control measures
to encourages rational used of scarce
environment resources and to avoid distortion
in international trade and investment.
 EXAMPLE OF POLLUTER
PAYS

One of the most common example of the ‘polluter pays’

principle applies to plastic bags
 CASE LAW

Vellore Citizens Welfare Forum vs Union of India & Ors,

 CONCLUSION

Although there is no statutory mandate on the ‘polluter pays principle’.

Nevertheless, it takes more effort in complying people to the principle rather
than mandating it. The judicial pronouncements on this principle have been
clear, crisp and undisputable. It was realized that industries are also social units
having rights and duties towards their surroundings and community.