The Application and Development of the Polluter-Pays Principle across Jurisdictions in Liability for Marine Oil Pollution: The Tales of the ‘Erika’ and the ‘Prestige’

Abstract

This article charts the application and development of the Polluter-Pays Principle (PPP) in one sphere of international law (civil liability for accidental marine oil pollution); a liability regime, very much grounded in its own traditions, which often interacts uncomfortably with national and regional law. The article explores the application of the principle at international, regional and national levels, using the demise of the vessels ‘Erika’ and ‘Prestige’ and the case law flowing from the subsequent environmental disasters to illustrate how the principle has developed in this area of international law and how this has the potential to influence its development in other jurisdictions.