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This essay investigates three questions relating to Climate Justice and are as follows: To what degree ought the global warming be restricted, How ought the greenhouse gas emissions be divided and How ought the costs related to the climate change be divided. To be able to answer these questions principles of justice are needed. An argument is therefore constructed modeled after John Rawls Original Position in general and The Veil of Ignorance in particular. The conclusions from this essay are that the global temperature increase ought to be restricted to 1.5 degrees Celsius with support from Maximin as a principle of justice. As a consequent to this goal net zero emissions need to be the case as soon as possible. The remaining possible emissions ought to be divided equally with support from Maximin as a principle of justice. For the last question it is suggested that the costs ought to be paid by the ones how have emitted greenhouse gases, this according to the principle of Polluter Pays.

A B S T R A C T of the dissertation "Polluter Pays Principle in the Environmental Law" JUDr. Ondřej Vícha The Doctoral Program¨"Theoretical Legal Sciences", Law Faculty, Charles University in Prague This thesis deals with the legal aspects of the the polluter pays principle (PPP) within the environmental law. The aim of this thesis is to provide an overview of current definitions of this principle and its application in the International, European and national Czech law. The text is devided into ten chapters. After the introduction, the thesis ruminates on legal principles in general, their status and function in the legal system and in the environmental law specially. The third part holds forth on development and functions of the PPP and its relation to other legal principles of the environmental law. The polluter-pays principle represents among the OECD countries, respectively at the European level, for quite a long recognized and practically applied economic and legal principles leading to internalize the costs of environmental protection, which are transferred from states to the real polluters, who pollutes environment by their production or other economic activities. The history of this principle reflects a gradual shift in meaning. At first, the Recommendations of the OECD and the EC referred to the...

This thesis, examines three research questions concerning the coherence between the European Union (EU) rules about State aid for environmental protection and the “polluter-pays-principle” (PPP) in the context of the free allocation practice in the European Union Emissions Trading System (EU ETS).  The aim of the first research question is to study whether the free allocation of emission rights within the EU ETS is compatible with the EU State aid rules. The conclusion to this research question is that the free allocation practice does fulfil the criteria to constitute State aid but that the Commission has permitted derogations against this prohibition, provided certain conditions such as necessity and proportionality are fulfilled.   The second research question is whether the free allocation method is compatible with the PPP. The PPP can be divided into an economic dimension and a legal dimension and it is concluded that the free allocation practice is contrary to at least the legal dimension of the PPP. According to the OECD, exceptions from the principle can be made but the EU has not established conditions for when such derogations from the PPP can be made.   The third research question concerns the compatibility between the EU State aid rules and the PPP. Generally there is no disharmony between the State aid rules and the PPP, since the PPP should not be seen as a mere prohibition against aid to polluters, but can also be considered a complement to State aid rules. However in the specific case of the free allocation rules in the EU ETS, State aid measures contrary to the PPP are carried out. Since the EU has not established conditions for whether derogations from the PPP can be made, it is concluded that the free allocation practice within the EU ETS does expose a disharmony between the PPP and the State aid rules. It is suggested that the EU clarifies the conditions for permitting derogations from the PPP, in preparation for the fourth phase of the EU ETS.

<p>Tirupur is an Indian textile town which constitutes many dyeing and bleaching units situated in the upstream. Tirupur serves as one of the major exporters of textiles. The industrial pollution have affected not only the surface water but also the soils and ground water. This thesis studies the impacts of industrial pollution on agriculture and livestock. It also explores the implicated problems involved in putting an economic compensation mechanism into practise. The impact study was made on the detailed primary data collected from an intensive study of comparing a pollution affected villages located downstream of the Orathapalyam dam, Tamil Nadu, South India with a control village. The cost estimates that the impact of industrial pollution on predominant crops is quite substantial in monetary terms. This paper argues that the compensation principle might work if the assessment is done to all affected victims. Both quantifying and non quantifying benefits should be incurred in the mechanism. Further, mere passing of fines and creating institutional structures are not sufficient to address the environmental problems. Policies should be implemented in their right perspective. Institutions should be strong enough, with more autonomy and powers, to deal with problems and to monitor the RO plants in dyeing units in Tirupur.</p>

L'étude comparative des droits français et brésilien démontre que la fiscalité, en tant qu'instrument juridique d'intervention économique, peut être au service de la protection de l'environnement. L'évolution des principes directeurs du droit de l'environnement, notamment le principe pollueur-payeur vers celui d'intégration, témoigne de la transformation de la prise en compte de l'environnement. Le principe pollueur-payeur reste circonscrit à la question des coûts. Le principe d'intégration, en tant que principe opératoire, est directement en rapport avec la prise de décision des agents publics et privés. Il permet (et même exige) la conciliation des systèmes juridiques fiscaux et environnementaux. La thèse fait apparaître l'ascension de la fiscalité comme instrument des politiques environnementales dans l'Union européenne et en France. Plus encore, on observe la place centrale que doit jouer en principe une fiscalité respectueuse de l'environnement dans la notion même du développement durable. En France, la maturité du débat dans le contexte du Grenelle de l'environnement montre que tous les instruments de protection, réglementaires et économiques - tels que les instruments fiscaux, sont censés être inscrits dans une politique publique cohérente de l'environnement. Au Brésil le développement durable est juridiquement consacré. Cette reconnaissance demande l'assainissement de l'ordre fiscal brésilien. Sans avoir besoin d'une réforme constitutionnelle, les incitations existantes doivent être aménagées pour éviter des effets négatifs sur l'environnement. / Comparison between Brazilian and French law shows that taxation, as legal economic intervention tool, is intended to serve the protection of the environment. The evolution of the guiding principles of the environment law, most notably the move from the polluter-payer to the integration principles, shows that the environment is more and more taken into account. The polluter-payer principle is limited to costs. The integration principles, as an operating principle, has a direct connection with the decision making process used by private and public agents. It allows, and even demands, the conciliation of tax and environmental laws systems. If, within the European context, this evolution is clear within the French law, in Brazil the integration principles is barely known, even unknown. However, we believe it to be explicitly recognized by the Brazilian Constitution. Within the economic and social orders, protection of the environment is guaranteed. The State, as an agent of the Market, requires that impact analyses on the environment are made. It does so using tax benefits mechanism. ln this document, we are showing the evolution of the taxation as an instrument used for the environmental policies in the European Community and in France. Moreover, we can verify the central position of the "eco-friendly tax system" within the notion of sustainable development. ln France, the maturity of the debate, within the "Grenelle de l'environnement" context, allow us to understand that every protective instruments, whether regulated or economics - like the taxations -, are supposed to be part of a greater public policy which en sure their coherence.

Tirupur is an Indian textile town which constitutes many dyeing and bleaching units situated in the upstream. Tirupur serves as one of the major exporters of textiles. The industrial pollution have affected not only the surface water but also the soils and ground water. This thesis studies the impacts of industrial pollution on agriculture and livestock. It also explores the implicated problems involved in putting an economic compensation mechanism into practise. The impact study was made on the detailed primary data collected from an intensive study of comparing a pollution affected villages located downstream of the Orathapalyam dam, Tamil Nadu, South India with a control village. The cost estimates that the impact of industrial pollution on predominant crops is quite substantial in monetary terms. This paper argues that the compensation principle might work if the assessment is done to all affected victims. Both quantifying and non quantifying benefits should be incurred in the mechanism. Further, mere passing of fines and creating institutional structures are not sufficient to address the environmental problems. Policies should be implemented in their right perspective. Institutions should be strong enough, with more autonomy and powers, to deal with problems and to monitor the RO plants in dyeing units in Tirupur.

Magister Legum - LLM / The number of environmental offences taking place continues to increase each year. Despite the special position of responsibility occupied by directors as the ‘directing mind and will’ of the companies responsible for the commission of these offences, directors appear to continue to be shielded unconditionally behind the separate legal personality of the company. This thesis consists of a thorough examination of existing environmental laws, as well as the Companies Act 71 of 2008 and the King IV Report on Corporate Governance, to determine whether the provisions contained therein may be interpreted so as to depart from the principle of separate legal personality (as provided for by corporate law) in order to hold directors personally liable for environmental transgressions.

The study investigates what the EU and Swedish legislation indicate about pollution, how the polluter-pays principle is used, and how the legislation has been applied in two Swedish municipalities. The purpose of the study was to identify if the legislation is a support or a barrier regarding accountability and financing of remediation of old pollution areas, and how polluted areas are handled in practice.The case study investigation was done through a literature study in combination with 7 respondent interviews with representatives from two County Administrative Boards, two municipalities, one consulting company, one private company and one university researcher. The results show that the most explanatory factors of why old pollution still remains are the ambition and will of all actors in the society regarding priority lists and procrastination, and inertia between different actors in society. Other explanatory factors are demarcation difficulties when assessing liability, lack of competence in assessments of liability and justified extent, lack of investigation resources, and lack of money. Improvement options were found in the Swedish application model and in the cooperation model between the actors in society. This demonstrates that the explanations found for why old pollution still remains are attributed less to legislation and more to other factors. / <p>2023-06-01</p>

"The Texas Failure sets forth the thesis that environmental problems are essentially a product of political decisions and that in Texas the political system has failed to respond to environmental problems because it is dominated by polluter-oriented special interests. The argument advanced is that polluter-oriented interests are well protected by state politicians in both the legislature and regulatory agencies of state government. The thesis is organized around an analysis of such political factors as ideology, leadership, decision making and law as they relate to a political consideration of Texas environmental conditions."-- leaf 1.