***By Blanca Rosa Gonzaga Padilla.
The present article has as a main goal to explain the Polluter Pays Principle, applying to those individual and moral persons that cause a damage in the environment. This is usually related with the environmental responsibility.
This principle has been applied since years ago in several countries to 2011 in its legislation to protect and keep the environment, which allows imparting environmental justice to those acts or harmful activities to the ecologic environment. That was not the case in Mexico, because before 2011, neither the General Law of Ecologic Equilibrium and Environmental Protection was regulated the concept of Environmental Responsibility or Environmental Damage. That is, there was no appropiate legal framework to those people that carry out and will cause an environmental damage and these people turn out to the courts to repair the damage.
It was created actions in an environmental material in 2012, and in 2013 the Law of the Environmental Responsibility entered into force that bind to those individual and moral persons that cause a damage in a direct or indirect way and they are forced to repair and pay such damages. For that reason, it is necessary to apply in the mexican legislation the Polluter Pays Principle, which is explained as the following:
According to the Economic Development and Co-operation Organisation, OCDE, this principle began in Japan in 1970, and subsequently in 1972, which formulated an international guide of economic aspects of environmental politics.
Such OCDE´s document established a principle that should be objective of the countries that are members of the Organisation to assign costs of prevention of pollution and measures to the rational use of the limited environmental resources, known as the PPP (Polluter Pays Principle) and in 1975 in the European Union, this principle was an inspiration for the environmental law, having as a main goal to introduce the economic system of pesos´signs that reflected the cost of the environment and the responsibility of that person that pollutes.
On the other hand, Jean Philippe Barde says this principle was born in the economic sciences, which search to go through the cost of the called negative externalities and also he justifies himself with the Positive Law´s rules, being the main goal in the environmental and economic field to introduce the economic system as those monetary quantity that reflects the cost of the environment and that follows the price of the activities and polluting products of the both external economies caused by the damage of the environment. Whereas Juan Carlos Henao says this principle takes part of the field of the civil responsibility in the environment, giving the explanation that this kind of responsibility involves an obligation that emerges for a person to repair a damage that the environment produced, and he or she must pay with cash to reestablish the reduced environment or decrease the produced negative effects.
Finally, I think it is necessary to apply a correct national and normative framework that regulates the environmetal responsibility related to the Polluter Pays Principle, because if any company or person causes some damage to the environment, therefore, these people must be responsible for the caused damages or those made to the species. The nature or the future generations must work together to force to pay the reparation of such damages.
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**By Blanca Rosa Gonzaga Padilla.