AN ANALYSIS OF THE POLLUTER PAYS PRINCIPLE IN NIGERIA

Gina Elvis-Imo

Abstract

The polluter pays principle is an economic principle predicated on the internalization of environmental costs into decision making for economic and other development plans, programs and projects that are likely to affect the environment. The principle is thus a way of allocating pollution costs. It has been extensively used in international law, and now has the status of one of the guiding principles of international environmental law. However, the principle does not answer the questions of who the actual polluter is, or which costs shall be covered. This paper therefore examines the implementation of the polluter pays principle in Nigeria and observes that for an effective application, the polluter pays principle must effectively answer the following questions: What constitutes pollution? Who are the polluters? How much must the polluters pay? To whom should such payment be made? Etcetera

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