Let He who Pollutes Pay the Price: An Analysis of the Application of the Polluter Pays Principle in Sri Lanka, India and International Law

Abstract

The Polluter-Pays principle is a wellestablished principle in environmental law that is embedded in several celebrated international declarations, international standard setting documents and in national law of many states. Even though the judiciary in jurisdictions like India often engages in progressive interpretation of environmental law concepts and principles, such progressive approaches have rarely been adopted by the judiciary of Sri Lanka. In this context, focusing on two key judgements of Bulankulama and Ravindra Gunawardena Kariyawasam, this research intends to analyse the application of the polluter-pays principle in Sri Lanka and explore how it can be further developed through judicial interpretation. Special reference is made to international and Indian case law to draw examples of the interpretation of the polluter-pays principle. In addition, this paper also highlights the challenges for meaningful application of the principle. This is a qualitative research conducted based on International legal instruments, national and foreign case law, academic writing and international standard setting documents.