An Analysis of The Polluter Pays Principle with Regard to Enhancing Protection of Uganda’s Environment from Dangerous Activities of Oil and Gas Industry.

Abstract

Protecting the environment from oil spills and other environmental disaster is a key in ensuring the sustainability of the environment. The polluter pays principle is an economic principle predicated on the internalization of environmental costs into decision making for economic and other development plans, programs and projects that are likely to affect the environment and oil and gas industry is normally the likely course in countries with extractable resources. The principle is thus a way of allocating pollution costs. It has been extensively used in international law, and now has the status of one of the guiding principles of international environmental law. However, what the theory does not address is who the actual polluter is and which costs shall be covered? This study focuses on the efficacy of the polluter pays principle as a mechanism for protecting the environment against dangerous oil activities of Uganda’s oil and gas industry as a case study where it will be observed that for an effective application of the principle, the question then is; what constitutes pollution? Who are the polluters? How much must the polluters pay? To whom should such payment be made? How this principle can be used to protect Uganda’s environment from the anticipated oil and gas activities. The study also addresses recommendations to policy makers too. The research in particular recommends that Government should increase on the pollution charges to make it heavier than it is now. It can offer incentives to allow the authorities to do their work efficiently. It should further remove a cap on the liability of the polluter, it can also market limits on the total pollution by the industry not neglecting the need to provide subsidies among others to ensure that the environment is protected from the oil and gas industry.