ESTABLISHING RESPONSIBILITY AND LIABILITY TO ENVIRONMENTAL DEGRADATION

Abstract

Environmental degradation is an umbrella concept which covers a variety of issues including pollution, biodiversity loss & animal extinction, deforestation & desertification, global warming etc. This article focuses on the Rules of Responsibility and liability to environmental degradation. it adopts the doctrinal or library research-based approach. It discusses the causes of environmental degradation i.e. the human and natural sources as well as the principles that govern international environmental laws such as the polluter pays principle, the precautionary principle, the Public trust doctrine and the intergenerational equity. The article recommends that a strict application of the Laws, policies and regulations regulating polluters conduct would significantly reduce pollution and prevent most of the avoidable harm caused to the environment. It concludes that judges and judicial staff should be adequately trained on environmental laws to enable them to properly prosecute environmental Law cases, ensure compliance, promote enforcement of decisions and deter environmental violations.