The Polluter Pays Principle And Its Implementation In The Uk And Ec Law

3725 words - 15 pages

ENVIRONMENTAL LAWENVIRONMENTAL LAW- ESSAYDiscuss the following principle and its application within EU and UK law: "The polluter pays".1.IntroductionThe polluter pays principle can be identified as one of the most significant principles that guide Environmental Law. Although it is complicated and sometimes diverse, it appears to be a main requirement for the regulation of pollution prevention and pollution control. However, many difficulties have risen in its application to both national and international fields, therefore a detailed explanation and identification of the principle is essential to be done."If anyone intentionally spoils the water of another...let him not only pay damages, but purify the stream or cistern which contains the water..." (Plato) . This is in a very general way the meaning of the polluter pays principle, more likely the origins of the principle. It applies to any kind of pollution and it has been discussed for many years, or centuries as one may say. But currently it is relevant as a principle of the latest developments of environmental law, mostly related to the European Community Law.It was the OECD which suggested the policy that the person who was responsible for creating the pollution shall be charged with the cost of the pollution prevention, control and restoration measures, and the UN/ECE one of the first that began to take into account such principle. The OECD defines the polluter pays as a means of "ensuring that the polluter (or resource consumer) should be charged with the cost of whatever pollution prevention and control measures are determined by the public authorities" .The PPP was gradually adopted in the legislation of the UK, as it was embedded in the Environmental Protection Act 1990 and the Environment Act 1995 . But before that, it has been in the political agenda since 1990, in particular in a White Paper called "This Common Inheritance" . However, the exquisite development occurred when the principle was enshrined into the Maastricht Treaty in 1997, in particular in Articles 174-176 , although it had been around in the Community Law for years.2.Definitions - Identifying the polluter.But who is the so called "polluter" that the principle is all about? Before we examine the application of the principle through legislation in detail, it is important to define, what the contexts mean when referring to a polluter and what implications may incur because of the unclear and very broad definition of the PPP.Looking only in the European Community Law, it is obvious that there are different linguistic versions of the principle. Six languages assert that the "polluter pays", Greek, Italian, Dutch, Spanish, Portuguese and Danish. The French call it the "polluter-payer principle", the Germans causation principle and the English believe that the "polluter should pay".An excellent example of the difficulty of giving a specific meaning to the polluter is air pollution by the gas emissions of cars. Who is to be...

Find Another Essay On The polluter pays principle and its implementation in the UK and EC law

"DNA, and its issues with the law"

1496 words - 6 pages DNA, AND ITS ISSUES WITH THE LAWDNA is often related to the individual cell as the director of an epic motion picture, the coach behind the bench of a 6-time Stanley Cup championship team, and or a normal high school law teacher trying to make a difference in the lives of his or her students every single day of the year. Basically, DNA is what makes up the vital foundation of every living component that is essential to the existence of life. The

PAIBOC Principle and its application in Atari Game manuals

1772 words - 7 pages discussing in this essay. In this essay we are comparing the game manuals developed by Atari for its to different games and how close are they to the PAIBOC principle outlined in the book, "Business Communication, Building Critical skills", written by Kitty O. Locker, and Stephen Kyo Kaczmarek published by McGraw-Hill.Atari has developed two different games called 'Checkered Flag', and 'Soccer Kid', for the age group of "thirteen and above". These

Bentham’s Principle of Utility and its Shortcomings as the Sole Basis for Morality

2018 words - 8 pages ” (Bentham pg. 312). Bentham believes that we need to create a society in which there is a balance of both self and other regarding behavior, in order to create a society that maximizes happiness while minimizing pain. Bentham introduces the principle of utility as a basis for morality as its concern is maximizing utility for the group. He also asserts that all other principles are not apt as the basis for morality for different reasons. He sees the

Explain trade mark legislation in the EC

1195 words - 5 pages ://[cited 11.05.06].HMCS, Her Majesty's Courts Serivce, 2002. Hearing April 11 and 12 2002 in the High courts of justice. [14 June 2002].[online]. AVAILABLE FROM:[cited 10 May 2006].Bird&Bird, 2003. Arsenal v Reed, [15 July 2003].[online]. Available from:

Land, Stocks and Shares in the UK

1993 words - 8 pages Land, Stocks and Shares in the UK The UK is well known within the EU of having a high percentage of homeowners. With this, financial institutions have to cater for a widespread of people in order to provide mortgages. As this will involve large amounts of money, lenders have to access the risk and take the necessary precautions. These precautions tend to be taken in the form of a security. The two main forms of security

Land use and misuse in the uk

860 words - 3 pages the UK is dumped into a large pit in the ground this is called a landfill.Because of these things habitats are destroyed making thousands of plants and animals on the verge of extinction. Other things increase the need for land are:稥conomic development稧rowing human population稵he increasing need for foodDumping waste form long-term mining activities has a visible impact in the environment.here is about 200 million tonnes

EC and Apparel Industry

2892 words - 12 pages , Archetype likely has a plan but it might not be fully in alignment with Lands' End's goals.g) New Infrastructure After the Acquisition According to the Framework For Electronic Commerce, companies need to plan, organize, motivate, devise strategy, and reengineer process as needed in order to be successful in EC implementation. As such, Lands' End needs to reevaluate its five areas after being acquired by Sears to ensure it has the right

Archimedes and The Principle of Buoyancy

1787 words - 7 pages raised. Something clicked inside of his head, and he shouted “Eureka,” meaning; “I have found it,” and ran through the streets with excitement naked. Archimedes took the mass of gold equivalent to the crown, and put it in a tub of water, and noticed how much it rose, or displaced. He then took the crown, and put it in the same tub, and noticed the water raised more, proving silver was added to the crown. This went on to be known as the Principle

Exchange: Social and the Market Principle

1521 words - 6 pages Exchange is an essential, and multifaceted, part of economic systems. Types of exchange include market principle, prevalent in capitalist societies, redistribution, or moving goods to a center, and reciprocity, exchanging goods. One type of exchange that will be discussed is Kula exchange in Trobriand Islands. In this trading ring armbands, called mwali, are passed clockwise, and necklaces, called soulava or bagi, are passed counterclockwise

The Credit Crunch and its Impact and the policies for UK Government need to implement

2336 words - 9 pages The Credit Crunch and its Impact and the policies for UK Government need to implement.CONTENTSPage NumberTERM OF REFERENCE 3WHAT IS CREDIT CRUNCH? 3HOW AND WHY DOES IT HAPPEN? 4 - 6THE IMPACT OF CREDIT CRUNCH. 7 - 8WHAT ARE THE POLICIES FOR UK GOVERNMENTNEED TO IMPLEMENT? 9 - 13REFERENCE 14TERM OF REFERENCESThis report will explain what the term "credit crunch" and what the background and causes that led to the problem. Will also advise and

Analysing John Rawls' Theory of Justice and its principles, and the conflicts which may arise from its implementation

1651 words - 7 pages Justice as FairnessThe late John Rawls, in 'Justice as Fairness', acknowledges that society exists for the "mutual benefit of all its members" (Nuttall 2002:223). They should be better off living in a society than not. However, he also indicates that there is a conflict of interest between members within the society, as each tries to accumulate a larger share of wealth and goods available.Rawls' theory of justice is seen as the solution to the

Similar Essays

Constitutional Law In The Uk Essay

1230 words - 5 pages UK Constitutional Laws are secured legally in a peripheral issue that is not relevant to the truth-seeking function of the separation of power and thus cannot serve as legitimate grounds for suppression. Constitutional Laws secured through search and seizure can be distinguished from coerced confessions, for example, because the former is highly reliable. When the separation of power accepts unconstitutional Constitutional Laws, it does not

"The Law In Relation To Misrepresentation Drives A 'coach And Four' Through The Hallowed Principle Of Caveat Emptor" Discuss

1549 words - 6 pages that a misrepresentation is merely a representation that is untruthful. Subsequently, the phrase 'coach and four' can be interpreted, in this case, to mean 'destroys' or 'undermines' the 'venerated' or 'honoured' principle of caveat emptor. Caveat emptor itself is a highly recognised expression in the discipline of law, it is Latin for 'let the buyer beware' that is, let the buyer examine the article he is buying, and act on his own

The Importance Of The Concept Of Citizenship In The Development Of Ec Law After Maastricht

2736 words - 11 pages The Importance of the Concept of Citizenship in the Development of EC Law After Maastricht Freedom of movement for persons and the abolition of controls at internal frontiers form part of a wider concept, that of the internal market in which it is not possible for internal frontiers to exist or for individuals to be hampered in their movements. The concept of the free movement of persons has changed in meaning since

The Uk Constitution And Its Effect On The Uk's Actions In Syria

2004 words - 8 pages unwritten documents from statutes and case law, as well as of constitutional conventions. The nature of the UK constitution is quiet flexible and enables itself to be modified as its environment changes. Over the years, this constitution has proven to be rather complicated as it is different from that of America or that of France in which legislative bodies are not tangled at any point; breaching therefore the theory of separation of power