2012
DOI: 10.1016/j.irle.2011.10.002
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The rise and fall of the polluter-pays principle in developing countries

Abstract: a b s t r a c tThe polluter-pays principle stipulates that the person who damages the environment must bear the cost of such damage. A number of developing countries have recently extended this principle to create an obligation on the state to compensate the victims of environmental harm. This variation of the polluter-pays principle is aimed at ensuring victims' compensation when polluters cannot be identified or are insolvent and at providing stronger incentives for local governments' monitoring of environme… Show more

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Cited by 69 publications
(31 citation statements)
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“…The EPR, based on specific European and National Regulations such as the one on the Management of Waste of Electric and Electronic Equipment (WEEE), is one of the market instruments used to protect the environment, precisely aiming to modify the operators' economic behavior upstream (and consumers). The EPR is intimately connected to the additional cardinal principle in environmental and waste matters, known as the Polluter Pays Principle, which sets up a form of objective liability for the polluter [24].…”
Section: Introductionmentioning
confidence: 99%
“…The EPR, based on specific European and National Regulations such as the one on the Management of Waste of Electric and Electronic Equipment (WEEE), is one of the market instruments used to protect the environment, precisely aiming to modify the operators' economic behavior upstream (and consumers). The EPR is intimately connected to the additional cardinal principle in environmental and waste matters, known as the Polluter Pays Principle, which sets up a form of objective liability for the polluter [24].…”
Section: Introductionmentioning
confidence: 99%
“…Pakistan being downwind state depends upon upwind pollutions. India has a good experience of applying the polluter pays principle within own territory (Luppi et al 2012), which can be extended across the borders to compensate downwind victims. We have regional examples of multilateral cooperative initiatives like marine basins (Pernetta and Jiang 2013) and the South China Sea (Bewers and Pernetta 2013).…”
Section: Discussionmentioning
confidence: 99%
“…A variation of the polluter-pays principle exists that has been adopted by a number of developing countries, including India, Malaysia, Taiwan, Ecuador, Chile, Costa Rica, Kenya, South Africa, and among others, where the government instead is directly responsible for payment and environmental monitoring. According to an assessment of the two strategies, government-pays regimes may be preferable in situations characterized by widespread poverty, high interest rates and judicial delays and uncertainty-however, there is a risk that local governments choose a level of monitoring that minimizes the financial exposure of the local government but does not fully internalize the costs as well as the benefits of the agents' care [47].…”
Section: Legislationmentioning
confidence: 99%