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THE REVENGE OF THE TRAIL SMELTER: ENVIRONMENTAL REGULATION AS EXPROPRIATION PURSUANT TO THE NORTH AMERICAN FREE TRADE AGREEMENT
Author(s) -
Dhooge Lucien J.
Publication year - 2001
Publication title -
american business law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.248
H-Index - 23
eISSN - 1744-1714
pISSN - 0002-7766
DOI - 10.1111/j.1744-1714.2001.tb00295.x
Subject(s) - expropriation , damages , impunity , polluter pays principle , business , law , state (computer science) , law and economics , economics , political science , human rights , algorithm , computer science
[N]o state has the right to use or permit the use of its territory in such a manner as to cause injury … in the territory of another or the properties or persons therein, when the case is of serious consequence and the injury is established by clear and convincing evidence. 1Under the polluter pays principle, the community effectively “owns” the environment, and forces users to pay for damages they impose. By contrast, if the community must pay the polluter, the implicit message is that the polluter owns the environment and can use and pollute it with impunity.2