The Polluter Pays Principle in the European Union Law and in Vietnam-Selected Issues 24 Journal of Legal, Ethical and Regulatory Issues 2021

24 J. Legal Ethical & Regul. Isses 1 (2021)
The Polluter Pays Principle in the European Union Law and in Vietnam-Selected Issues

handle is hein.journals/jnlolletl24 and id is 1367 raw text is:

Journal of Legal, Ethical and Regulatory Issues

THE POLLUTER PAYS PRINCIPLE IN THE
EUROPEAN UNION LAW AND IN VIETNAM-
SELECTED ISSUES

Tran Cong Thiet, University of Warsaw

ABSTRACT

In the overall sustainable development of a country, environmental policy and economic
policy are closely related. In some countries, the principle that polluters pay is used as an
official tool to control the environmental activities obligations of entities. The principle of the
polluter pays has become popular in many countries around the world. In recent years,
environmental issues have increasingly become a top concern for the sustainable development of
most countries. n the current context, the scientific and systematic study of the theoretical issues
of the polluter pays principle, the legal provisions express and implement the principle following
the provisions of the European law, from which a solution to improve environmental laws and
the effective implementation mechanism of this principle in Vietnam is needed. Therefore, the
study of European legal regulations on the polluter pays principle plays an important role in
considering and drawing lessons as well as orientations for application in Vietnam in
environmental management to limit the negative impact of the subjects in the current
environment.

Keywords: European Union Law, Environmental Damage, EU Environmental Policy, Vietnam
Environmental, Environmental Costs, Environmental Impact.

INTRODUCTION

In Vietnam and other countries in the world, the polluter pays principle (PPP) is one of
the key principles of environmental law in particular, but also of international environmental law
in general. What is the implication of this principle?
It can be understood simply as the use of economic measures to influence the behavior of
entities in an environmentally beneficial way. In other words, when an entity pollutes the
environment, it will incur remedial financial obligations as a consequence of its actions. The
environment is considered a special commodity that is circulated in the market. It is a special
commodity because it is communal (not owned by any individual) and has to be used by both
commercial and non-commercial users. Therefore, assigning financial obligations with regard to
the environment will help to effectively manage the use and exploitation of the environment.
The basic content of the PPP is evident in its name; that is, the people that cause
environmental pollution must bear the cost of remedying and improving the polluted
environment. Those who exploit natural resources, those who are responsible for acts of
discharging into the environment, as well as those whose acts have an adverse effect on the
environment must pay. The people here can be understood as a specific person, individual, or
enterprise that is able to pollute the environment. Companies take full responsibility for all the

1544-0044-24-6-776

Volume 24, Issue 6, 2021

1

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