CYIL 2011

THE POLLUTERǧPAYS PRINCIPLE IN OECD RECOMMENDATIONS … indirectly, or by creating conditions leading to such damage, to the environment, physical surroundings or natural resources.” Originally, the Polluter-Pays Principle was devised as an economic principle (in the OECD and EU countries) and has recently developed in a legal principle. It has not yet been codified because its contents have been changing and will continue to change. The predominant trend is to place increased liability on the polluter while alleviating the economic burden which pollution imposes on the relevant authorities. The Polluter-Pays Principle is not a principle of equity; rather than to punish polluters, it is designed to introduce appropriate signals in the economic system so as to incorporate environmental costs in the decision-making process and, consequently, to arrive at sustainable, environment-friendly development. The aim is to avoid wasting natural resources and to put an end to the cost-free use of the environment as a receptacle for pollution. To some degree, environmental pollution will certainly persist and the consumer will bear the cost initially charged to the polluter. However, the application of the Polluter-Pays Principle will ensure economic efficiency and minimize distortions in international trade and investment.

67