| dc.description.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. | |
