Climate Justice through the Polluter-Pays Principle

Climate Justice through the Polluter-Pays Principle PDF Author: Patrick Kimuyu
Publisher: GRIN Verlag
ISBN: 3668649278
Category : Science
Languages : en
Pages : 12

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Book Description
Polemic Paper from the year 2018 in the subject Politics - Environmental Policy, grade: 1.3, Egerton University, language: English, abstract: It is evident that the environment is experiencing immense consequences from the impact of pollution. One of the most challenging issues related to the degradation of the environment owing to pollution is the phenomenon of climate change. Climate change explains the adverse effects of environmental degradation and pollution is the principal cause of this life-threatening phenomenon. Despite the remarkable progress achieved in combating environmental pollution through environmental policy approaches, there is a need for climate justice in which the polluter will be held responsible for the damage caused to the environment. In theory, this is the approach of the so-called Polluter Pays Principle. This approach appears relevant in addressing issues related to environmentally-mediated to humans. Despite the endless debate on issues of morality and justice, especially in America, the tenets of climate justice should be upheld by enforcing environmental policies that require the polluter to pay. Therefore, this argumentative essay will present an array of aspects that explain why the polluter should pay. It will discuss property rights, economic efficiency, tradable permits, and provide the means on how polluters can pay.

The Polluter Must Pay

The Polluter Must Pay PDF Author: Jack Davis
Publisher:
ISBN:
Category : Environmental policy
Languages : en
Pages : 14

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Book Description


Climate Justice through the Polluter-Pays Principle

Climate Justice through the Polluter-Pays Principle PDF Author: Patrick Kimuyu
Publisher: GRIN Verlag
ISBN: 3668649278
Category : Science
Languages : en
Pages : 12

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Book Description
Polemic Paper from the year 2018 in the subject Politics - Environmental Policy, grade: 1.3, Egerton University, language: English, abstract: It is evident that the environment is experiencing immense consequences from the impact of pollution. One of the most challenging issues related to the degradation of the environment owing to pollution is the phenomenon of climate change. Climate change explains the adverse effects of environmental degradation and pollution is the principal cause of this life-threatening phenomenon. Despite the remarkable progress achieved in combating environmental pollution through environmental policy approaches, there is a need for climate justice in which the polluter will be held responsible for the damage caused to the environment. In theory, this is the approach of the so-called Polluter Pays Principle. This approach appears relevant in addressing issues related to environmentally-mediated to humans. Despite the endless debate on issues of morality and justice, especially in America, the tenets of climate justice should be upheld by enforcing environmental policies that require the polluter to pay. Therefore, this argumentative essay will present an array of aspects that explain why the polluter should pay. It will discuss property rights, economic efficiency, tradable permits, and provide the means on how polluters can pay.

Environmental Law and Justice in Context

Environmental Law and Justice in Context PDF Author: Jonas Ebbesson
Publisher: Cambridge University Press
ISBN: 052187968X
Category : Law
Languages : en
Pages : 497

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Book Description
political science and international relations." --Book Jacket.

The Polluter Pays Principle and Its Ascendancy in Climate Change Law

The Polluter Pays Principle and Its Ascendancy in Climate Change Law PDF Author: Alexander Zahar
Publisher:
ISBN:
Category :
Languages : en
Pages : 52

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Book Description
Under the international agreements on climate change, states have a responsibility to mitigate their greenhouse gas emissions. We may refer to this as an “obligation to regulate”. This article argues that the general, treaty-derived obligation to regulate is supplemented by a separate legal principle on how to regulate: the principle that the polluter must pay. The obligation to arrest greenhouse gas emissions through regulation necessarily comes at a cost to states and individuals, as any regulation does. But the general obligation to regulate does not contain any guidance on who should bear the costs of regulation and under what circumstances. This is where the polluter pays principle comes in. In its legal instantiation, it is a principle of justice. It requires polluters, both states and individuals, to pay, because it is not fair that they assume unlimited access to the atmospheric commons. Yet, as a principle of justice, the polluter pays principle must itself be implemented fairly. Not every polluter should be made to pay, or pay the same amount, indiscriminately, or without support, if that would cause another, even greater, unfairness. Thus the polluter pays principle serves as a guide to how the general obligation of states to regulate is to be implemented.

Clean Coastal Waters

Clean Coastal Waters PDF Author: National Research Council
Publisher: National Academies Press
ISBN: 0309172098
Category : Science
Languages : en
Pages : 421

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Book Description
Environmental problems in coastal ecosystems can sometimes be attributed to excess nutrients flowing from upstream watersheds into estuarine settings. This nutrient over-enrichment can result in toxic algal blooms, shellfish poisoning, coral reef destruction, and other harmful outcomes. All U.S. coasts show signs of nutrient over-enrichment, and scientists predict worsening problems in the years ahead. Clean Coastal Waters explains technical aspects of nutrient over-enrichment and proposes both immediate local action by coastal managers and a longer-term national strategy incorporating policy design, classification of affected sites, law and regulation, coordination, and communication. Highlighting the Gulf of Mexico's "Dead Zone," the Pfiesteria outbreak in a tributary of Chesapeake Bay, and other cases, the book explains how nutrients work in the environment, why nitrogen is important, how enrichment turns into over-enrichment, and why some environments are especially susceptible. Economic as well as ecological impacts are examined. In addressing abatement strategies, the committee discusses the importance of monitoring sites, developing useful models of over-enrichment, and setting water quality goals. The book also reviews voluntary programs, mandatory controls, tax incentives, and other policy options for reducing the flow of nutrients from agricultural operations and other sources.

'Polluter Pays' Principle

'Polluter Pays' Principle PDF Author: Aruna Venkat
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
The Polluter Pays Principle (PPP) is an environmental policy principle which requires that the costs of pollution be borne by those who cause it. In its original emergence the Polluter Pays Principle aims at determining how the costs of pollution prevention and control must be allocated: the polluter must pay. The normative scope of the PPP has evolved over time to include also accidental pollution prevention, control and clean-up costs, in what is referred to as extended Polluter Pays Principle. It is claimed that foreign companies are reluctant to invest in India as they do not want to run the risk of having to compensate without a cap for a nuclear accident on account of imposition of absolute liability. It is understood that the government to appease the foreign investors proposes to introduce a Civil Nuclear Liability Bill whereby inter alia the compensation payable in case of a nuclear accident is capped at $450 million. Any legislation that attempts to dilute the Polluter Pays and Precautionary Principle and imposes a cap on liability is likely to be struck down as it would be in blatant defiance of the Supreme Court judgments. Moreover, it would be against the interests and the cherished fundamental right to life of the people of India whose protection should be the primary concern of any civilized democratic government.

The Polluters

The Polluters PDF Author: Benjamin Ross
Publisher: Oxford University Press
ISBN: 0199752974
Category : Science
Languages : en
Pages : 235

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Book Description
The chemical pollution that irrevocably damages today's environment is, although many would like us to believe otherwise, the legacy of conscious choices made long ago. During the years before and just after World War II, discoveries like leaded gasoline and DDT came to market, creating new hazards even as the expansion and mechanization of industry exacerbated old ones. Dangers still felt today--smog, pesticides, lead, chromium, chlorinated solvents, asbestos, even global warming--were already recognized by chemists, engineers, doctors, and business managers of that era. A few courageous individuals spoke out without compromise, but still more ignored scientific truth in pursuit of money and prestige. The Polluters reveals at last the crucial decisions that allowed environmental issues to be trumped by political agendas. It spotlights the leaders of the chemical industry and describes how they applied their economic and political power to prevent the creation of an effective system of environmental regulation. Research was slanted, unwelcome discoveries were suppressed, and friendly experts were placed in positions of influence, as science was subverted to serve the interests of business. The story of The Polluters is one that needs to be told, an unflinching depiction of the onslaught of chemical pollution and the chemical industry's unwillingness to face up to its devastating effects.

Transboundary Harm in International Law

Transboundary Harm in International Law PDF Author: Rebecca M. Bratspies
Publisher: Cambridge University Press
ISBN: 1139458434
Category : Law
Languages : en
Pages : 6

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Book Description
This book reveals the many harms which flow across the ever-more porous sovereign borders of a globalising world. These harms expose weaknesses in the international legal regime built on sovereignty of nation states. Using the Trail Smelter Arbitration, one of the most cited cases in international environmental law, this book explores the changing nature of state responses to transboundary harm. Taking a critical approach, the book examines the arbitration's influence on international law generally, and international environmental law specifically. In particular, the book explores whether there are lessons from Trail Smelter that are useful for resolving transboundary challenges confronting the international community. The book collects the commentary of a distinguished set of international law scholars who consider the history of the Trail Smelter arbitration, its significance for international environmental law, its broader relationship to international law, and its resonance in fields beyond the environment.

Environmental Principles

Environmental Principles PDF Author: Nicolas de Sadeleer
Publisher: Oxford University Press
ISBN: 0192582674
Category : Law
Languages : en
Pages : 593

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Book Description
This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics, and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter pays principle, the preventive principle, and the precautionary principle. Since the first edition was published, the principles of polluter-pays, prevention, and precaution have been encapsulated in a swathe of legislation at domestic and international level. Courts have been invoking environmental law principles in a broad range of cases, on issues including GMOs, conservation, investment, waste, and climate change. As a result, more States are paying heed to these principles as catalysts for improving their environmental laws and regulations. This edition will integrate to a greater extent the relationship between environmental principles and human rights. The book analyses new developments including the EU Charter of Fundamental Rights, the case law of the European Court of Human Rights, which has continuously carved out environmental duties from a number of rights enshrined in the European Convention of Human Rights, and the implementation of the UNECE Convention on Access to Information.

Essential Concepts of Global Environmental Governance

Essential Concepts of Global Environmental Governance PDF Author: Jean-Frederic Morin
Publisher: Routledge
ISBN: 1136777040
Category : Business & Economics
Languages : en
Pages : 269

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Book Description
Aligning global governance to the challenges of sustainability is one of the most urgent environmental issues to be addressed. This book is a timely and up-to-date compilation of the main pieces of the global environmental governance puzzle. The book is comprised of 101 entries, each defining a central concept in global environmental governance, presenting its historical evolution, introducing related debates and including key bibliographical references and further reading. The entries combine analytical rigour with empirical description. The book: offers cutting edge analysis of the state of global environmental governance, raises an up-to-date debate on global governance for sustainable development, gives an in-depth exploration of current international architecture of global environmental governance, examines the interaction between environmental politics and other fields of governance such as trade, development and security, elaborates a critical review of the recent literature in global environmental governance. This unique work synthesizes writing from an internationally diverse range of well-known experts in the field of global environmental governance. Innovative thinking and high-profile expertise come together to create a volume that is accessible to students, scholars and practitioners alike.