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Greek wines excel in quality and exports, but the viticultural sector faces significant challenges from complex supply chains, shifting European policies, and the growing need for sustainability amidst climate change and economic pressures. External environmental costs could affect significantly the decision-making process of farmers, reflecting a broader evaluation of sustainability in viticulture. This study evaluates the economic and environmental impacts of organic, integrated, and conventional viticulture management systems in Drama, Greece using a life cycle (LC) approach and data envelopment analysis (DEA) to determine efficiency, quantify environmental impacts in monetary terms, and incorporate these costs into the analysis. Organic management systems have lower energy consumption and emissions compared to integrated and conventional systems, with organic systems ranging from 4546 to 6573 kWh/ha in energy use and 1358 to 1795 kg CO2 eq./ha in emissions, while integrated and conventional systems range from 9157 to 12,109 kWh/ha and 2961 to 3661 kg CO2 eq./ha. The DEA analysis reveals that most organic systems perform efficiently when accounting for environmental costs, whereas conventional systems face significant efficiency declines, with only a few maintaining optimal performance. Policy-supported transitions based on the provider gets principle are crucial for balancing economic and environmental goals in viticulture, as the integration of shadow prices significantly impacts efficiency. [ABSTRACT FROM AUTHOR]

The article focuses on expanding Article III standing in environmental disputes to promote effective restorative justice in environmental litigation. It argues that broadening the standing requirements will enhance environmental protection efforts by allowing more claims to be heard in court, fostering restorative justice practices such as victim-offender mediation and the "polluter pays" principle.

The urgent need to reduce greenhouse gas emissions, remove carbon from the atmosphere and stabilize natural carbon sinks has led to the development of many carbon management measures, increasingly including voluntary carbon offsets (VCOs). We studied carbon management in universities, institutions with large carbon footprints and considerable influence in climate science and policy fora. However, concerns that VCOs may deter adopters (including universities) from adopting other carbon reduction measures and limit emissions reductions, for example, through moral hazard, have been raised but understudied. We compared the carbon management characteristics (priorities, policies, practices and emissions) of universities that did and did not adopt VCOs. We found adopters measured carbon emissions for longer, and had set targets to reach net zero earlier than had non-adopters. Adopters of VCOs also undertook more carbon management practices in both 2010 and 2020 than non-adopters. We also found that both adopters and non-adopters significantly increased their carbon management practices over the decade studied, but with no difference between groups. Gross CO2 emissions were reduced significantly over time by adopters of VCOs but not by non-adopters, whereas carbon intensity and percentage annual emissions reductions did not relate to adoption status. Consequently, our study showed no indication of mitigation deterrence due to adoption of VCOs at the universities studied. Rather, greater emissions reductions correlated with earlier net zero target dates, and a higher number of policies and carbon management practices. However, our study was constrained to universities that were affiliated with a national environmental network, so research beyond these organizations, and with individuals, would be useful. The survey was voluntary, exposing the study to potential self-selection bias so the findings may not be generalized beyond the study group. Finally, we found the carbon accounting method currently required of universities for scope 1 and 2 emissions may underestimate emissions reductions, particularly for adopters of VCOs. Augmenting the current location-based accounting method with market-based carbon accounts may overcome this. Adopters of voluntary carbon offsets (VCOs) undertook more carbon management practices than non-adopters. Evidence for mitigation deterrence was therefore not found (e.g. via moral hazard). Both adopters and non-adopters of carbon offsets used mitigation hierarchies found in carbon management literature (measure, reduce then offset). However, clarity on reducing emissions to as low as reasonably practicable is lacking in the literature. Reductions in scope 1 and 2 emissions may be underestimated, especially for adopters of VCOs who adopted more practices not included in current carbon reporting (e.g. purchasing renewable energy). This may be overcome by reporting market-based emissions alongside location-based emissions. [ABSTRACT FROM AUTHOR]

China's sewage treatment standards have been gradually improving, yet there is a widening gap between sewage treatment fees and actual costs. This discrepancy, where the fees for sewage treatment are lower than the actual operational expenses, poses a significant bottleneck to the sustainable development of China's sewage treatment industry. As a core aspect of environmental economic policies, sewage treatment fees are pivotal in regulating water pollution emissions and addressing water resource shortages. Currently, there are major issues with sewage treatment fees, including an incomplete pricing system, insufficient fees, unclear fee distribution, and a heavy reliance on local finances. These problems impede systematic planning, diminish management efficiency, and hinder the sustainable development of the sewage treatment industry. Thus, future research efforts should prioritize the establishment of a pricing mechanism that comprehensively covers the full cost of sewage treatment. This article presents a concise summary and review of the current situation, types of fee collection, cost accounting methodologies, challenges, and proposed countermeasures for sewage treatment fees, and could serve as a relevant reference for future research on sewage treatment fees. By comprehensively addressing these issues, the sewage treatment industry would progress towards healthier and more sustainable development, ultimately achieving the goal of green growth. [ABSTRACT FROM AUTHOR]

This study seeks to elucidate the challenges associated with compensation in marine pollution disputes through the lens of the Alternative Dispute Resolution (ADR) model. Governed by UUPPLH Number 32 of 2009, polluters are mandated to provide compensation for both affected parties and environmental restoration. However, the implementation of the ADR model in practice has seen polluters compensating only the affected communities, notably fishermen. This research endeavors to develop an ADR legal framework that encapsulates ecological justice, ensuring fairness for both society and the environment. The methodology employed in this study is non-doctrinal legal research, which involves analyzing legal phenomena within their social and cultural context. Findings from this research indicate that pollution disputes in the waters in Cilacap were resolved using the ADR model, with a disproportionate focus on compensating fishing communities. This results in environmental damage due to minimal environmental ADR legal framework grounded in the Polluter Pays principle. Such a framework should encompass legal provisions for environmental prevention, mitigation, and restoration. From a structural perspective, it is imperative to foster integration and connectivity between the community and ministries responsible for addressing marine environmental pollution, to facilitate effective environmental mitigation and restoration efforts. Additionally, in the realm of legal culture, there is a crucial need to cultivate legal awareness among the public regarding environmental conservation and management. This awareness should permeate all levels of society, including business entities, legislative bodies, the government, and law enforcement agencies. A robust legal system is essential for making ADR an equitable mechanism for resolving disputes, benefiting both victims of pollution and the environment.

Climate change is driven by a combination of natural fluctuations and human activities, particularly the widespread use of fossil fuels (such as coal, oil, and natural gas) and alterations in land use practices such as logging, farming, and clearing land for agriculture. This global phenomenon encompasses various end-of-use activities, including agriculture, forestry, and consumerism. An inherent challenge in the global carbon dioxide (CO2) trading landscape lies in the competition between developed and developing countries, stemming from inconsistent CO2 prices. This competition manifests in three primary areas. Firstly, in the context of internationally transmitted mitigation outcomes, involving international trade aimed at surpassing Nationally Determined Contributions (NDC) targets. Secondly, it pertains to sustainable development mechanisms, specifically the use of carbon offsets derived from projects implemented by both public and private entities worldwide. The third aspect revolves around non-market approaches, encompassing emission reduction through mitigation and adaptation efforts, financial support, technology transfer, and capacity building, which may involve tools like carbon taxes and Carbon Border Adjustment Mechanism (CBAM). This research adopts a legal norm perspective, delving into methods that investigate, describe, synthesize, interpret, evaluate, and analyze positive approaches. The findings signify a paradigm shift aligning with the "polluter pays principle," recognizing that entities and individuals responsible for environmental pollution should bear the associated costs. In the quest for a new paradigm of sustainable development, a carbon market ecosystem assumes a pivotal role. This ecosystem contributes to enhancing sustainability by curbing greenhouse gas emissions and offering economic incentives to address climate change. It acts as a cornerstone in constructing a fresh paradigm for potential development.

This study seeks to elucidate the challenges associated with compensation in marine pollution disputes through the lens of the Alternative Dispute Resolution (ADR) model. Governed by UUPPLH Number 32 of 2009, polluters are mandated to provide compensation for both affected parties and environmental restoration. However, the implementation of the ADR model in practice has seen polluters compensating only the affected communities, notably fishermen. This research endeavors to develop an ADR legal framework that encapsulates ecological justice, ensuring fairness for both society and the environment. The methodology employed in this study is non-doctrinal legal research, which involves analyzing legal phenomena within their social and cultural context. Findings from this research indicate that pollution disputes in the waters in Cilacap were resolved using the ADR model, with a disproportionate focus on compensating fishing communities. This results in environmental damage due to minimal environmental ADR legal framework grounded in the Polluter Pays principle. Such a framework should encompass legal provisions for environmental prevention, mitigation, and restoration. From a structural perspective, it is imperative to foster integration and connectivity between the community and ministries responsible for addressing marine environmental pollution, to facilitate effective environmental mitigation and restoration efforts. Additionally, in the realm of legal culture, there is a crucial need to cultivate legal awareness among the public regarding environmental conservation and management. This awareness should permeate all levels of society, including business entities, legislative bodies, the government, and law enforcement agencies. A robust legal system is essential for making ADR an equitable mechanism for resolving disputes, benefiting both victims of pollution and the environment. [ABSTRACT FROM AUTHOR]

Plastic pollution has emerged as a global concern, posing significant threats to the environment and humanity. Recognizing the urgent need to address the detrimental effects of plastics, the members of the United Nations have agreed to establish a binding global treaty on plastic pollution by 2024. This ambitious treaty aims to regulate the full life cycle of plastics, encompassing production, usage, and disposal. However, negotiations over the treaty remain ongoing. This paper seeks to propose an international legal mechanism that can contribute to the ongoing and future plastics treaty negotiations. Specifically, it suggests the incorporation of civil liability elements into the plastics treaty. Drawing insights from the Basel Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and their Disposal, this paper explores the key elements of civil liability under the liability regime of international environmental law and applies them to plastic pollution. By adopting those elements, those involved in hazardous activities throughout the full life cycle of plastics can be held liable for the damage caused, even when they have exercised due care. This incorporation upholds international legal principles, such as the polluter pays principle; enhances efficiency in invoking liability claims; and bolsters efforts to mitigate plastic pollution. Thus, it is crucial to proceed in a manner that maximizes the effectiveness of the civil liability elements when incorporating them into the plastics treaty because it will signify substantial progress not only in combating plastic pollution but also in advancing civil liability itself. [ABSTRACT FROM AUTHOR]

The great challenge of this century is to figure out how we can achieve development, combat climate change, conserve wildlife, and protect our common resources, in global terms, while maintaining a balance between the environment and social and economic considerations. Environmental liability, conceived by the European Union and the Member States as an instrument of administrative law in substantial and sanctioning terms, is one of the preferred for protecting the environment and ensuring sustainable development. It is a new approach to the environment as an injured party, allowing the repair of pure ecological damage, and ensuring its prevention. Given the particular characteristics of environmental damage, namely the fact that the environment is a collective good and has no geographical limits, environmental liability must focus on a cross-cutting and transnational approach. A European environmental liability regime was adopted and entered into force about 15 years ago. This work aims to assess the current usefulness of that regime and the need for its possible modification, through a comparative and critical analysis of the options took by some of the Member States, particularly Portugal, and the data available in this matter, and suggest aspects in which the regime can be improved.

This paper provides a comprehensive doctrinal analysis of the evolving landscape of environmental law, encompassing both international and national perspectives. The analysis delves into key doctrinal themes, including the precautionary principle; the polluter pays principle, and sustainable development, examining their application and interpretation in the context of contemporary environmental challenges. Drawing on a wide range of case-law, this study explores landmark environmental cases that have significantly shaped the trajectory of environmental jurisprudence. Through a comparative examination of various national approaches to environmental regulation, the paper highlights the diverse strategies adopted to address environmental issues and the challenges encountered in their implementation. Furthermore, the paper outlines the critical role played by international legal instruments in shaping national environmental laws, emphasizing the need for cohesive global efforts to combat pressing environmental concerns. The conclusion offers insights into the contemporary challenges faced by environmental law, proposing potential legal reforms and recommendations for a sustainable and effective environmental regulatory framework. This doctrinal analysis aims to contribute to the ongoing discourse on environmental law, fostering a deeper understanding of the legal mechanisms essential for preserving our planet's ecological balance and ensuring a sustainable future for generations to come. Thus, in the final development recognized so far, that is understanding environmental law based on ecocentric perspective where we recognize the value of every natural component, does not actually evade the idea that human beings shall pursue their interests to safeguard their present and future generations. The thesis therefore ought to analyse the different instruments which were born out of different environmental ethical considerations at different points of time. The methodology of understanding the environmental law rationales in the light of ethics is termed as —deep level enquiry. In the present context, the environmental law involves one or more than one ethical perspective. These perspectives may be anthropocentric or non- anthropocentric. When we term, environmental law to be anthropocentric, we generally link it up with human rights morals. Human rights which are understood to be inalienable to every human being has got its recognition after several years of struggle.

This paper provides a comprehensive doctrinal analysis of the evolving landscape of environmental law, encompassing both international and national perspectives. The analysis delves into key doctrinal themes, including the precautionary principle; the polluter pays principle, and sustainable development, examining their application and interpretation in the context of contemporary environmental challenges. Drawing on a wide range of case-law, this study explores landmark environmental cases that have significantly shaped the trajectory of environmental jurisprudence. Through a comparative examination of various national approaches to environmental regulation, the paper highlights the diverse strategies adopted to address environmental issues and the challenges encountered in their implementation. Furthermore, the paper outlines the critical role played by international legal instruments in shaping national environmental laws, emphasizing the need for cohesive global efforts to combat pressing environmental concerns. The conclusion offers insights into the contemporary challenges faced by environmental law, proposing potential legal reforms and recommendations for a sustainable and effective environmental regulatory framework. This doctrinal analysis aims to contribute to the ongoing discourse on environmental law, fostering a deeper understanding of the legal mechanisms essential for preserving our planet's ecological balance and ensuring a sustainable future for generations to come. Thus, in the final development recognized so far, that is understanding environmental law based on ecocentric perspective where we recognize the value of every natural component, does not actually evade the idea that human beings shall pursue their interests to safeguard their present and future generations. The thesis therefore ought to analyse the different instruments which were born out of different environmental ethical considerations at different points of time. The methodology of understanding the environmental law rationales in the light of ethics is termed as ―deep level enquiry. In the present context, the environmental law involves one or more than one ethical perspective. These perspectives may be anthropocentric or non- anthropocentric. When we term, environmental law to be anthropocentric, we generally link it up with human rights morals. Human rights which are understood to be inalienable to every human being has got its recognition after several years of struggle. [ABSTRACT FROM AUTHOR]

On the face of it, the polluter pays principle (PPP) simply prescribes that the costs of pollution should be borne by those who were responsible for causing it. In practice, implementing the PPP raises a number of complex questions. In this article, I focus on one such key question, as interpreted by higher courts in India: how much should the polluter pay? I propose—and then apply—a three-part choice framework for analysing judicial interpretations of the PPP. Indian case law on the subject is often presumed to be relatively coherent and consistent. However, a methodical application of the aforementioned framework reveals three distinct strands in the approaches taken by Indian courts, thus contributing to a more in-depth and systematic understanding of the PPP jurisprudence. I also identify certain gaps and inconsistencies in these approaches, and suggest ways in which they can be resolved, making the application of the set principle more consistent, logical and effective. [ABSTRACT FROM AUTHOR]

The purpose of writing this article is to find out and analyze the polluter pays principle concept and its regulations in Indonesia, as well as to find out and analyze the accountability of tin mining business permits for environmental pollution based on the polluter pays principle. Therefore, the research method used in this article uses a normative juridical method with a conceptual approach and a statutory approach. The article reveals that PPP in Indonesia involves both preventive and repressive measures to address environmental pollution. Polluters are charged with compensation, but regulations like UUPPLH and Minerba Law are more repressive. Implementation involves guarantee, pollution, and conservation funds funded by APBN/APBD grants/donations. PT. Timah, as the largest tin IUP holder in Babel, has carried out 100% reclamation, but overall, of the total IUP holders in Babel, these funds are apparently not commensurate with the damage that arises as a result of tin mining exploitation activities. And the number of newly reclaimed areas is 1.59% of the total IUP that has been granted. The form of civil liability is regulated in the UUPPLH, while criminal liability is regulated in the Minerba Law. [ABSTRACT FROM AUTHOR]

The present waste fee tariff in Bulgaria is calculated per mill on property value, which is the grounding reason why the business pays much more than the population for the generated waste amounts, thus cross-subsidizing the population costs. Legislative amendments enforced in 2017 require the waste fee to be determined based on waste amounts and a number of waste service users. Since then, the actual enforcement date for the introduction of the new waste tariff has been postponed several times due to a number of serious challenges that may undermine the future operation of the waste management systems in the municipalities. These challenges cover the need for an entire transformation of the current waste collection and transportation system, require significant additional costs in terms of capital investments, necessary massive awareness-raising campaigns, insufficient data, affordability and willingness to pay issues. [ABSTRACT FROM AUTHOR]

Climate change involves changes in the climate system caused by polluting human activities and the social and natural effects of these changes. The historical and anthropogenic grounds of climate change play an important role in climate justice claims. Many climate justice scholars believe that principles of climate justice should account for the historical and anthropogenic sources of climate change. Two main backward-looking principles have been proposed: the polluter pays principle (PPP) and the beneficiary pays principle (BPP). The BPP emerged in the literature on climate justice in response to certain objections raised against the PPP. In this paper, I focus on two of these objections: the causation objection and the excusable ignorance objection. Defenders of the BPP have traditionally assumed that this principle is not vulnerable to those objections, which renders the BPP superior to the PPP. In this paper, I challenge this underlying assumption. My argument here is simple: moving from the PPP to the BPP in response to any of these objections might be unjustified because the BPP is affected by at least some of the considerations giving rise to these objections. [ABSTRACT FROM AUTHOR]

The polluter pays principle (PPP) has the form of a reparative principle. It holds that since some countries have historically contributed more to global warming than others, these countries have the follow‐up responsibility now to do more to address climate change. Yet in the climate justice debate, PPP is often rejected for two reasons. First, so the objection goes, it wrongly burdens present‐day individuals because the actions of their predecessors. This is the unfairness objection. The second objection is that early polluters were not aware of the harm that they were doing, and so ought not to be held culpable. This is the objection from excusable ignorance. In this commentary, I defend PPP against these two objections. The aim of this short reflection is not to provide a full justification of PPP, or to respond to all objections that have been made against it. My more limited but, I hope, important goal is to show that PPP is neither immediately unfair (in making innocent parties pay) nor immediately unreasonable (in making excusably ignorant parties pay) as is commonly noted, and is therefore worthy of further consideration as a principle of climate justice. This article is categorized under:Climate, Nature, and Ethics > Climate Change and Global JusticeClimate, Nature, and Ethics > Ethics and Climate Change [ABSTRACT FROM AUTHOR]

The paper shows how to monitor transboundary water pollution. In addition to the legal documents that are required, the method of monitoring the flow of watercourses online when pollution in another country is detected is presented. A particular problem is the analysis of transboundary pollution of water, in which case a pollutant is located in one country, and the consequences of pollution are visible in other countries. Due to the connection of transboundary pollution with health of people and their property, activities aimed at ending pollution and ways of reducing adverse consequences are envisaged. The paper analyzes the case of transboundary water pollution that has ended in the Republic of Serbia, as well as the way of monitoring pollution through the Internet. [ABSTRACT FROM AUTHOR]

The great challenge of this century is to figure out how we can achieve development, combat climate change, conserve wildlife, and protect our common resources, in global terms, while maintaining a balance between the environment and social and economic considerations. Environmental liability, conceived by the European Union and the Member States as an instrument of administrative law in substantial and sanctioning terms, is one of the preferred for protecting the environment and ensuring sustainable development. It is a new approach to the environment as an injured party, allowing the repair of pure ecological damage, and ensuring its prevention. Given the particular characteristics of environmental damage, namely the fact that the environment is a collective good and has no geographical limits, environmental liability must focus on a cross-cutting and transnational approach. A European environmental liability regime was adopted and entered into force about 15 years ago. This work aims to assess the current usefulness of that regime and the need for its possible modification, through a comparative and critical analysis of the options took by some of the Member States, particularly Portugal, and the data available in this matter, and suggest aspects in which the regime can be improved. [ABSTRACT FROM AUTHOR]

In today’s race toward a more circular economy, optimization of tariff design is important for minimizing the environmental impact and costs of municipal waste management. This study examines the overlap of an incentive-based tariff method and the unit pricing system. We address whether this overlap impacts the effectiveness and efficiency of waste management in Italian municipalities. Based on a panel data sample for 5,512 municipalities from 2016 to 2022, a generalized method of moments estimation was employed for a linear dynamic panel model. The results suggest that there is room for optimizing their overlap under certain circumstances—specifically, when the availability of waste treatment facilities is adequate and the percentage of separate waste collection is high. The interaction between the percentage of separate collection and the incentive tariff method contributed to cost reduction, confirming the need for consistency and compatibility of a tariff scheme with circular economy objectives. The effective adoption of both tools, as well as other actions such as information campaigns and service delivery improvements, can promote waste sorting and investment in management facilities. The results provide insights for policymakers seeking to design more effective and efficient policy measures aimed at maximizing environmental effectiveness, in accordance with the polluter-pays principle, and minimizing costs.

This research aims to explore how eco-taxes contribute to achieving sustainable development goals, such as protecting the environment from pollution. The environment faces the threat of pollution, prompting countries to seek ways of mitigating its negative effects through the application of preventive or control tools and methods, in this case eco-taxes. Morocco is one of the countries suffering from environmental problems, which is why our country has adopted the concept of sustainable development. Environmental protection is one of the necessary elements to achieve the sustainable development goals. As a result, it has worked to develop an arsenal of laws and legislation to protect the environment against deterioration and pollution. Achieving sustainable development in Morocco requires a number of legislative and control mechanisms, including eco-taxes, which contribute to sustainable development as a deterrent and incentive. In this context, our research is based on qualitative research using documentary analysis. The most important result of our study is that eco-taxes are a powerful incentive for innovation if they are better selected, that they also improve competitiveness by offering low-emission alternatives, and that the use of eco-taxes are preferable to the application of regulatory tools in terms of cost.

Conceptualized as early as 1920 by English economist Arthur Cecil Pigou, but not formalized until later work in the 1970s and 1990s, "environmental charges" suggest the revenue burden of governance could be shifted from economic "goods" to environmental "bads." While their association with Pigouvian taxes would suggest that environmental charges are applied as a policy instrument to encourage the reduction or elimination of environmental externalities, their application at the federal level in the United States suggests this is not the case. As part of a review of environmental charges in the United States, this paper postulates that federally applied environmental charges accept environmental externalities as the status quo and are instead intended to recover the government's cost in addressing the environmental externality in conformance with the polluter pays principle. [ABSTRACT FROM AUTHOR]

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Extended Producer Responsibility (EPR) regulations require that producers organize and pay for treatment and recycling of waste arising from their products at end of life. EPR has been effective in implementing some aspects of circular economy. In Europe, 35% of e-waste and 65% of packaging waste have already been recycled (or reused in some cases). This article analyzes the challenges of implementing EPR and provides useful insights for what has worked well and what challenges remain. Identifying and addressing these challenges will be crucial for framing legislation that will move industry and society toward a more circular economy. [ABSTRACT FROM AUTHOR]

In October 2020, the European Commission (EC) published a call for contributions on how competition rules could support the Green Deal. With this initiative, the EC followed in the footsteps of several national competition authorities which had already issued guidance on competition policy and sustainability initiatives. The Netherlands Authority for Consumers and Markets (ACM) is, to date, the only authority to publish draft Sustainability Guidelines with progressive, practical guidance. In this paper, we explore the extent to which ACM's Sustainability Guidelines could serve as a source of inspiration for a modern EU approach to sustainability and competition policy. We will conclude that while these Guidelines constitute a clear compromise, ACM has created an intelligent modus operandi to allow for more cooperative sustainability initiatives under the third paragraph of Articles 6 Dutch Competition Act and 101 TFEU without itself having to take decisions about public policy. Sustainability – Green Deal - fair share - polluter pays – ACM - Netherlands - Article 101 TFEU. [ABSTRACT FROM AUTHOR]

• We study the performance of packaging EPR in the EU with novel industrial data. • PROs achieving higher recycling rates do not entail necessarily higher costs. • Non-competitive systems are more successful in increasing recycling rates. • Systems that exclude local authorities in the collection underperform. This paper provides an analysis of the performance of European packaging waste systems, focusing on Extended Producer Responsibility schemes and Producer Responsibility Organizations. We adopt two separate but complementary empirical analysis: i) an indicator-based assessment of the cost-efficiency and recycling effectiveness of PROs; ii) a regression analysis of the determinants of recycling rates at the national level. The analysis spans over 25 national schemes and 21 Producer Responsibility Organizations. Our findings show that systems that have higher recycling rates do not entail necessarily higher costs. Non-competitive systems are more successful in increasing recycling rates no matter the cost; moreover, they are better able to use funds collected from EPR fees charged to producers, delivering improved cost-efficiency. Furthermore, higher recycling rates are associated with systems in which local authorities retain the operational responsibility of collection. Systems that do not involve local authorities always underperform. The policy implications are clear: local authorities should have some responsibility for collecting and sorting packaging waste and competitive systems should not be looked at as a first choice when designing a national recycling strategy. A mix of policy schemes, including non-profit EPR, door-to-door collection and Deposit-Refund-Schemes can be effective strategies for increasing the recycling rates of the waste streams that need more intervention, most notably plastic packaging. [ABSTRACT FROM AUTHOR]

The entry into force of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy has introduced a new pricing system for water services. The Directive identifies the polluterpays principle and the principle of cost recovery as a basis for action to be taken by the Member States when setting up pricing systems for water services. The provisions of Article 2(38) and Article 9 of the Directive raised questions of interpretation. The research issue of this study is to determine the discretionary scope of the Member States of the European Union for the protection of waters under a pricing system for water services, and to interpret the concept of "services" used in the Directive in the context of the cost recovery principle and the polluter-pays principle. The author, on the basis of the adopted research method, i.e., interpretation of law, views of legal academics and commentators, case-law of the Court of Justice of the European Union, states that the Directive provides for a mechanism whereby each EU Member State determines the individual uses of water in a pricing system for water services on the basis of a country-specific definition of "water services". The pricing system for water services is only one of the legal instruments for setting the principle of cost recovery and the polluter-pays principle in the Member States' water management system, and its scope is based on geographical, economic and natural criteria. [ABSTRACT FROM AUTHOR]

This study examines the effect of the extended producer responsibility (EPR) coefficient policy on the production decision between a supplier and a manufacturer in a precious metal accessory recycling supply chain. EPR coefficient is a regulation proposed by the government and enterprises to balance economic profit and EPR behaviour, and refers to the production proportion of recycled products in all serviceable products. Enterprises with a large EPR coefficient have good EPR practice. This study uses the newsvendor model and numerical simulation to study a supply chain system with remanufacturing and reproduction processes. Results show that the optimal recycling mode and the optimal EPR coefficient are always present in precious metal accessory operations. The increasing market demand for recycled products and the improving whole recycling parameters are both effective in enlarging the optimal EPR coefficient. However, the improvement of single or partial recycling parameters (except the market demand parameter) has no effect on the optimal EPR coefficient. The implementation mechanism and applicable conditions of the EPR coefficient policy are also explored. This study indicates that the EPR coefficient policy is an appropriate and effective approach to promote the EPR practice of the Chinese Government. [ABSTRACT FROM AUTHOR]

Finance for loss and damage from human-induced climate change impacts as it is recognised in the Paris Agreement is contentiously discussed in international negotiations, so far without any resolution. Based on 43 interviews with elite stakeholders working on loss and damage (L&D), this paper explores what components a funding mechanism requires to avert, minimise and address L&D, how funds are best mobilised and how they should be administered or distributed. Interviewees included actors in the United Nations Framework Convention on Climate Change negotiations, small island developing states (SIDS) and developing country representatives, non-governmental organisations (NGO), Executive Committee members of the Warsaw International Mechanism for Loss and Damage (WIM), multilateral organisations, environmental actors in the private sector, and developed countries. Through analysis of responses, diverse perspectives are presented and distilled into one potential mechanism. The paper offers insights into where opinions of interviewees align or misalign and inform a way forward for L&D funding in a politically sensitive environment. The majority of interviewees believed that L&D funds should be mobilised through the ‘polluter pays principle’ to finance components of a L&D mechanism that relate to a) adaptation and disaster risk reduction, b) insurance and c) solidarity. The Green Climate Fund or the Warsaw International Mechanism for Loss and Damage have the potential to play an administrative role in a L&D finance mechanism. Compensation payments are overall considered impractical, not desired by developing countries and rejected by developed nations. Unexpected responses were related to investments into gender equality to reduce L&D, establishment of sovereign funds and usage of philanthropic organisations as a funding source for L&D.

This article analyzes the development of international legislation, as well as the legislation of individual states regarding the legal regulation of compensation for environmental damage. The authors identified and analyzed two levels of regulation. The first level is international, it includes acts adopted or approved by a group of states. The second level is national, it includes the regulations of individual states. The conclusion about the existence of general rules of legal regulation in the legislation of various states is formulated. Based on the analysis of Russian legislation, mechanisms for its improvement are proposed, including using international experience. [ABSTRACT FROM AUTHOR]

In terms of international law, States are obliged to abstain from causing significant transboundary harm. Part of this obligation is the enforcement of the polluter-pays principle. Although acknowledged by States, its extraterritorial application is the exception rather than the rule. The purpose of this article is to consider how, in the absence of a regional regime catering for the transboundary pollution victims, the Arctic Ocean littoral States adhere to those obligations while engaged in Arctic Ocean continental shelf oil production. [ABSTRACT FROM AUTHOR]

The 'polluter pays' principle (PPP) is one of the four tenets of the European Union's (EU) environmental policy. Where the PPP is successfully applied, the polluter bears the cost of pollution, including the cost of prevention, control, and removal of pollution, as well as the cost it causes for the society and the respective population. The PPP is to discourage polluters from environmental pollution by holding them liable for the pollution by means of having the polluters, and not the taxpayers, bear the remediation cost. This paper juxtaposes the application of the PPP in the case law of the Court of Justice of the European Union and Croatian jurisprudence. Following an overview of the PPP in EU law, the paper briefly reviews two CJEU cases (Van de Walle and Erika) that concern the question of whether liability for incidental pollution is attachable to both the manufacturer of dangerous material and the polluter. Next, the paper examines the application of the PPP in the Croatian judiciary, where -- contrary to the EU environmental policy -- the remediation cost being borne by the taxpayers is seemingly the norm (especially where the polluter cannot bear the remediation cost due to insolvency). [ABSTRACT FROM AUTHOR]

The effectiveness of the European Emissions Trading System in supporting a level playing field while reducing total emissions is tested. While data show a robust impact on the environment as a steady decrease in carbon emissions is observed, it is reported that its ability to internalize emission costs may improve to better address the import of extra European generated emissions that negatively impact the economy when not properly accounted for. Analyzing data in six European countries between 2016 and 2020, the results suggest competitive advantages for industries with higher extra-European imports of inputs that result in biased production costs that, in turn, alter competitive positioning. The novelty lies in focusing on the threats to fair competition within Europe along with the well-known carbon leakage risk widely investigated by previous literature. Complementary policy tools capable of internalizing emission costs, regardless of their origin, are necessary to improve the healthy functioning of the system. In this regard, carbon taxation may outperform carbon border adjustment, as it is based on consumption patterns. Our results can aid policymakers in designing impact analyses aimed at limiting potential distortions to Europe’s level playing field.

Climate ethics have been concerned with polluter pays, beneficiary pays and ability to pay principles, all of which consider climate change as a single negative externality. This paper considers it as a constellation of externalities, positive and negative, with different associated demands of justice. This is important because explicitly considering positive externalities has not to our knowledge been done in the climate ethics literature. Specifically, it is argued that those who enjoy passive gains from climate change owe gains not to the net losers, but to the emitters, just as the emitters owe compensation to the net losers for the negative externality. This is defended by appeal to theoretical virtues and to the social benefits of generating positive externalities, even when those positive externalities are coupled with far greater negative externalities. We call this the Polluter Pays, Then Receives ('PPTR', or 'Peter') Principle. [ABSTRACT FROM AUTHOR]

The subject. The article is devoted to the study of the polluter pays principle from the point of view of the mechanism for its implementation to ensure the right to a favorable environment.The purpose of the article is to identify the degree of implementation of polluter pays principle in Russian legislation in comparison with the OECD countries. The methodology. The study is based on the comparative legal method, which allows us to analyze the strengths and weaknesses of the models of legal regulation of relations in the field of environmental protection chosen by different countries and international organizations. The study also relies on general scientific and private scientific methods, including formally legal method, interpretation of legal acts.The main results and scope of their application. The content of the polluter pays principle is determined, as well as the goal of its establishment and the methods used by legislator to achieve this goal. The effectiveness of the polluter pays principle is determined by an integrated regulatory approach. It includes several elements: not only the obligation to compensate for the harm caused in full, but also to take all necessary measures to prevent the possibility of harm at all stages of the activity, including design, construction, etc. The analysis of international legal regulation, as well as the regulatory legal acts of different countries shows that this principle is implemented in the legislation of many countries and an effective mechanism for its application is created in developed countries. Genuine implementation of this principle lets create balance between economic and environmental relations and protect the vital interests of human and society.Conclusions. A comparative analysis of the legal regulation of relations on environmental protection in terms of applying the polluter pays principle allows us to conclude that there is a rather formal approach to its implementation into Russian legislation. There is no comprehensive approach to the regulation of economic activity at all stages of its implementation, from planning and design to decommissioning and waste management. This, in turn, does not allow creating a balanced management mechanism of environmental protection in Russia. In this connection, a list of priority measures to create an effective legal regulation mechanism is proposed.

The general rules of civil liability remain the privileged system, which manages the legal regime of civil liability of the «polluter-producer » in most legal systems so far, and despite attempts to free up to weave a particular regime which takes into account the particular nature of the damage suffered by the environment. Based on this perspective, legislations have tried to draw inspiration from the principles of defective products liability scheme, as a basic system, others have opted for the adaptation and enrichment of certain concepts of rules of tort law or contractual liability. In the light of these paths, it seemed to us necessary to question the limits of these rules and their capacity to adapt to the specificities of ecological damage, which will lead us to seek the foundations and components of the adequate civil liability regime of the «polluter-producer», able to respond to curative answers to many problems raised by the issue on many aspects.

The general rules of civil liability remain the privileged system, which manages the legal regime of civil liability of the «polluter-producer » in most legal systems so far, and despite attempts to free up to weave a particular regime which takes into account the particular nature of the damage suffered by the environment. Based on this perspective, legislations have tried to draw inspiration from the principles of defective products liability scheme, as a basic system, others have opted for the adaptation and enrichment of certain concepts of rules of tort law or contractual liability. In the light of these paths, it seemed to us necessary to question the limits of these rules and their capacity to adapt to the specificities of ecological damage, which will lead us to seek the foundations and components of the adequate civil liability regime of the «polluter-producer», able to respond to curative answers to many problems raised by the issue on many aspects.

This paper shows possible inconsistencies in environmental law, in which regulatory impact assessment (RIA) and the polluter pays principle (PPP) coexist. While these norms can be compatible, we show that there are a number of realistic settings in which the PPP does not reach efficiency and systematically leads to regulatory failure. These systematic errors are due to the ex-ante restriction of possible actors, in combination with possible opportunistic behavior, market power issues, the existence of multiple optima and to the neglect of second-best problems in the PPP. We show that RIA, encompasses the polluter pays option and avoids these flaws. [ABSTRACT FROM AUTHOR]