THE IMPORTANCE OF “POLLUTER-PAYS” PRINCIPLE OF ENVIRONMENTAL POLICY IN INTERNATIONAL LAW

Abstract

This article examines the evolution, legal foundations, and practical implementation of the polluter-pays principle as a cornerstone of environmental policy. Originating in the early 1970s with OECD recommendations, the principle mandates that those responsible for pollution bear the full costs of prevention, control, and remediation, rather than society at large. Incorporated into the 1992 Rio Declaration (Principle 16) and reflected in numerous international agreements and national statutes, polluter-pays has driven the adoption of economic instruments—such as environmental taxes, emissions trading, and liability regimes—to internalize environmental costs. The European Union’s directives on environmental liability and carbon pricing exemplify its operationalization at the regional level, while Uzbekistan’s recent resolution linking pollution fees to emission volumes illustrates its application in Central Asia. The article also discusses implementation challenges—subsidies, political pressures, and “orphan” sites—and highlights the synergy between polluter-pays and related doctrines like the precautionary principle and common but differentiated responsibilities. Overall, polluter-pays promotes equitable, efficient environmental protection by embedding true ecological costs into economic decision-making.