Monday, December 12, 2011

effectiveness of sanctions in international environmental law by by Divya Rathor, NALSAR University of Law

Introduction

Effectiveness of sanction in international environmental law is a topic of   debate in recent world of modernization, globalization, liberalization and privatization. With the advent of  the technology,  the mother nature has been exposed to risk of environment degradation, so it has become necessary to look out for sanctions to control the menace and also to check the effectiveness of the sanctions.

The polluter pays  principle  or PPP, as one of the basic tenets of the concept of sustainable development provides for effective sanction for environmental law. According to the principle the polluter has to pay compensation for the loss done to persons, loss done to the environment as well as for the restoration cost of the environment. The principle has proved itself to be effective in protecting the environment. The recent application of the principle is found in Gulf of Mexico, oil Spill case.

The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972, or The London Dumping Convention,  Marpol 73/78, STCW CONVENTION, 1978, Convention on Liability for Damage Resulting from Activities Dangerous to the Environment also provide for some what effective sanctions of international environmental law.

The case of Nauru and Nuclear testing by USA in Marshall Islands are the examples of case where the sanctions imposed for wrong done to the environment are effective but  have been criticized as inadequate.


No comments:

Post a Comment