The Polluter Pays - Part 1

by Beatriz Peralta Quesada

Background

The implementation of this type of liability is due to an undertaking to fight current, ongoing and unsustainable tendencies: reduction of biodiversity and the contamination of water and soil.

It seeks to establish a framework based on environmental liability for the purpose of guaranteeing the prevention or the reparation of future damage to the environment.

The public authorities must ensure that the operators responsible take or finance the necessary corrective measures in the event of environmental damages.

Groups, governmental and non-governmental organizations will be authorized to demand action from the public authorities.

Concept

Environmental liability may be defined as the obligation of indemnifying damages caused or harm resulting from actions or inactions that lead to environmental damage.