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Contribution Of Polluter Pays Principle In Controlling The Marine Pollution Under International Law




M Abinaya, LLM Scholar, Department Human Rights Dr Ambedkar Law University, School of Excellence in Law, Tamilnadu


ABSTRACT


Marine pollution has emerged as one of the most pressing environmental challenges, demanding stronger legal responses at the global level. The Polluter Pays Principle (PPP) has evolved as a guiding norm in environmental law, placing responsibility on polluters to bear the costs of preventing, controlling, and remedying ecological damage. This study examines the relevance of PPP in addressing marine pollution within the framework of international law. It traces the conceptual development of the principle and its reflection in international instruments such as the Rio Declaration, Agenda 21, and other multilateral agreements. Special attention is given to liability and compensation provisions under conventions including the Convention on Biological Diversity, the Cartagena Protocol, the Basel Convention, and the London Protocol, highlighting both their strengths and shortcomings in ensuring accountability for marine environmental harm. The research further considers how PPP has been applied in different legal systems, its practical challenges, and its role within maritime law through instruments like UNCLOS and regulations under the International Maritime Organization. The analysis suggests that while PPP has gained recognition, its consistent application in marine environmental governance remains limited. The paper concludes with recommendations for strengthening liability regimes, enhancing international cooperation, and ensuring effective enforcement to achieve sustainable protection of marine ecosystems.


Keywords: Polluter Pays Principle, Marine Environmental Law, International Conventions, Liability and Compensation, UNCLOS, International Maritime Organization, Ocean Governance, Sustainability



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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