Pollution Liability Research Articles

Адміністративні правопорушення в галузі охорони природи та використання природних ресурсів. Частина І. Атмосфера, повітря, відходи, пестициди та агрохімікати

Abstract. Aim. An analysis of the administrative legislation of Ukraine in the field of nature protection (atmosphere, air, waste, pesticides and agrochemicals) was carried out, criminal offenses that could be hidden under administrative offenses, or preparations for them or attempts to commit them, were considered. Materials and Methods. It has been established the criminal offenses (crimes), preparation for them or attempts to commit them can be hidden behind administrative offenses in the field of nature protection and use of natural resources (atmosphere, air, waste, pesticides and agrochemicals), namely: Art. Art. 78; 78-1; 79; 79-2; 80; 81; 82; 82-1; 82-2; 82-3; 82-4; 82-5; 82-6; 82-7; 83; 83-1 of the Code of Ukraine on Administrative Offenses. If there are relevant signs of a committed crime, the specified actions may entail liability for land pollution or damage (Article 239 of the Criminal Code of Ukraine); for atmospheric air pollution (Article 241 of the Criminal Code of Ukraine); for sea pollution (Article 243 of the Criminal Code of Ukraine); for violation of the legislation on the continental shelf (Article 244 of the Criminal Code of Ukraine), as well as for the illegal importation of waste and secondary raw materials into the territory of Ukraine (Article 268 of the Criminal Code of Ukraine). Administrative offenses subject to liability under Article 83 of the Code of Ukraine on Administrative Offenses "Violation of the rules for the use, storage, transportation, neutralization, elimination and burial of pesticides and agrochemicals, toxic chemicals and other drugs" can hide such criminal offenses as failure to take measures to eliminate the consequences of environmental pollution (Article 237 of the Criminal Code of Ukraine); concealment or distortion of information about the environmental condition or morbidity of the population (Article 238 of the Criminal Code of Ukraine); pollution or damage to land (Article 239 of the Criminal Code of Ukraine); destruction or damage of plant life objects (Article 245 of the Criminal Code of Ukraine); violation of legislation on plant protection (Article 247 of the Criminal Code of Ukraine); intentional destruction or damage of territories taken under state protection and objects of the nature reserve fund (Article 252 of the Criminal Code of Ukraine); design or operation of structures without environmental protection systems (Article 253 of the Criminal Code of Ukraine). In addition, such actions can constitute treason (Part 1 or Part 2 of Article 111 of the Criminal Code of Ukraine), sabotage (Part 1 or Part 2 of Article 113 of the Criminal Code of Ukraine); ecocide (Article 441 of the Criminal Code of Ukraine) and genocide (Article 442 of the Criminal Code of Ukraine), etc. The authors provided proposals for further improvement of the content of some articles of the Code of Administrative Offenses. Conclusions. Thus, Article 79 of the Code of Ukraine on Administrative Offenses consists of two parts, each of which should be made a separate article, and Article 83 – 1 provides for administrative responsibility for six independent acts, which should be made independent articles of the Code of Ukraine on Administrative Offenses. Proposals regarding the qualification and practical application of certain articles in the sphere of normative and legal regulation of legal relations in the field of environmental protection are also provided. Keywords: administrative offenses, nature protection, atmosphere, air, waste, pesticides and agrochemicals.

Environmental pollution liability insurance and commercial credit financing

ABSTRACT Environmental risk issues for heavily polluting enterprises are a significant concern for both society and scholars; raising awareness of pollution liability insurance is essential for sustainable development. Within the context of green development, we focus on a unique environmental pollution liability insurance (EPLI) system and examine its relationship with commercial credit. We empirically test this relationship using regression analysis, propensity score matching (PSM), and placebo tests. We find that subscribing to EPLI significantly improves commercial credit financing. This effect is particularly strong in state-owned enterprises, financially developed areas, and regions where governments prioritize environmental issues. Our conclusions remain valid after robustness tests. A mechanism analysis reveals that supplier bargaining power and the value of collateral assets are key mechanisms through which EPLI enhances commercial credit financing.

Compulsory environmental pollution liability insurance and corporate risk taking: a difference-in-difference approach

PurposeMany developing countries have encountered frequent pollution accidents during their rapid development, while the previously weak environmental insurance systems could seriously undermine the progress of sustainable development. Some developing countries like China has initiated and strengthened environmental pollution liability insurance, so how effective this system would be in resolving enterprises environmental risks need to be further revealed.Design/methodology/approachThis research identifies the possible consequence that compulsory environmental pollution liability insurance pilot (CEPLIP) policy would bring to the risk-taking capacity of heavy-polluting corporations of China by the Differences-in-Differences (DID) approach.FindingsThe result supports the implementation of CEPLIP policy in increasing corporate risk-taking capacity. Furthermore, the CEPLIP policy can promote the corporate’s risk-taking capacity by reducing financial distress constraints and enhancing trade credit, supporting its dual role of “fallback effect” as well as “external supervision effect” of environmental insurance. As a result of heterogeneity test, the policy is more pronounced in enterprise samples with mature life cycle stage or lower industrial concentration degree. Similarly, it is more significant in enterprise samples owned better environmental management capabilities or greater strategic deviance.Originality/valueThis paper verifies the effectiveness of the CEPLIP policy by strengthening its supervision mechanism and restraining opportunistic behavior tendency and provides implications for alleviating increasing environmental risk pressure and building more sustainable environmental protection management systems.

The impact of environmental pollution liability insurance on firms’ Green innovations: evidence from China

ABSTRACT Green innovation (GI) is crucial in promoting environmental sustainability, especially in the long run. Environmental pollution liability insurance (EPLI) facilitates firms better dealing with pollution-related risks, encouraging firms to invest in GI. This paper studies the impact of firms’ EPLI coverage on GI using data from Chinese heavily polluting firms. Results show that EPLI promotes GI, both in terms of quantity and quality, and it has a persistent effect on innovations over the years. Further mechanisms study suggests that EPLI improves the cash flow conditions and reduces agency costs of the board, which explains the positive effect of EPLI on GI.

A multiagent collaborative development strategy for environmental pollution liability insurance based on an evolutionary game

AbstractTo improve the problem of environmental pollution liability insurance, this paper constructs an evolutionary game model based on the government, insurance companies, and polluting enterprises. The findings indicate that in an imperfect market, penalty and subsidy mechanisms boost insurance rates. Reinsurance facilitates insurer underwriting, prompting gradual government withdrawal. Effective pricing mechanisms by insurance companies enhance environmental liability insurance operations amid evolving market mechanisms, offering theoretical guidance for addressing challenges in implementing such insurance.

Criminal liability for soil pollution in Western Europe and Ukraine: A comparative study

Based on acomparative approach, this article examines issues of criminal liability for soil pollution in several Western European countries and Ukraine. National criminal statutes, their elements, forms of culpability in particular, are examined in detail. Based on the research results, certain conclusions are drawn with an eye on improving criminal laws of both European countries and Ukraine. In particular, the approach is supported, where: (a) the amount of damage, caused by the land pollution, is formalized; (b) sanctions for intentional and careless actions are properly differentiated.

Marine pollutions in Indonesia: Contradiction between regulations and settlement conditions

Exploration activities at sea continuously and lack of attention to environmental impacts actually have an impact on marine pollution such as Asphalt leaks in tankers in the North Nias sea in March 2023. Even though there has been a convention on the law of the sea to national legal regulations in Indonesia. The description of the above problems needs to be examined comprehensively in the following discussion, which is then formulated by examining the condition of marine pollution settlement in Indonesia and the legal construction of marine pollution liability in Indonesia. The results of the study show that the condition of marine pollution settlement in Indonesia has yet to be entirely carried out through concrete law enforcement. The disparity in the settlement of environmental pollution shows that there is still weak law enforcement carried out by the Indonesian government. It opens space for marine pollution to continue to recur. If referring to the 1982 UNCLOS and the Law on Ratification of UNCLOS and the PPLH Law, the settlement can be carried out by requesting absolute liability due to acts of pollution carried out by requesting compensation following the Polluter Pays Principle.

Tort Liability for Trans-boundary Marine Environmental Pollution: Japans Radioactive Wastewater Discharge into the Sea as an Entry Point

Currently, the problem of trans-boundary marine environmental pollution is becoming increasingly prominent and Japans insistence on discharging nuclear wastewater despite protests from other countries has raised concerns among the population. Researchers have found that international conventions and other sources of international environmental law are lack of a liability system for trans-boundary environmental pollution. Therefore, this paper looks for gaps by applying the normative analysis method to retrieve the relevant liability system at the institutional level in order to compare and analyze it, and secondly, using the case analysis method to think about how to improve the liability system through case law practical perspective. The study concludes that it can be constructed from two perspectives, namely the responsibility of the State and the tort responsibility of private subject to adopt the system of tortious responsibility and both serve in parallel with that caused by environmental pollution compensate for damage. Due to the irreversibility of environmental pollution, initiating legal proceedings for redress after the event is often not the ultimate goal. Therefore, the ex-ante blocking mechanism need to be further improved and domestic law needs to be constantly improved to compensate for the shortcomings of international law. That help our country deal with the marine environmental pollution to provide methods and ideas.

Environmental pollution liability insurance pilot policy and enterprise green transformation: evidence from Chinese listed corporates

In the context of dual-carbon, corporate green transformation, a significant measure of the green effect of Environmental Pollution Liability Insurance (EPLI), garners substantial attention in current research. By leveraging the 2008 EPLI pilot policy as an exogenous event, this paper employs a difference-in-difference model to scrutinize the influence of the EPLI pilot on the green transformation of listed companies. We find that: (1) The EPLI pilot actively promotes corporate green transformation. (2) The pilot policy’s impact on green transformation is mediated through regional green development and enterprise investment efficiency. (3) The pilot policy manifests asymmetric effects on green transformation, influenced by regional, industrial, and enterprise-specific pollution levels, as well as government environmental concerns. (4) The EPLI pilot policy engenders enduring financial implications and contributes to the governance of information. This study is beneficial to enrich the research on the EPLI system and green transformation of enterprises that provide policy suggestions for improving the green financial system and promoting the green transformation of enterprises.

Does environmental pollution liability insurance affect corporate green innovation? New evidence from China

The effect of the development of green finance (GF) on the green transformation of corporations has been a key research issue in recent years. This study is based on a list of companies insured under the environmental pollution liability insurance (EPI) announced by the Ministry of Ecology and Environment (formerly the Ministry of Environmental Protection) in 2014 and 2015. Considering A-share listed companies in China as research samples and using the DID model, we investigate the impact of EPI on corporate green innovation (CGI). The results show that EPL can significantly promote the green innovation level of insured corporations, mainly reflected in two aspects of green invention patents and green utility model patents; this positive effect is more obvious in non-state-owned, heavily polluting, and patent-intensive corporations. These results hold after the robustness test. The mechanism analysis reveals that EPL promotes corporate green innovation by alleviating corporate financing constraints. This study provides new evidence for the role of GF in promoting green innovation and transformation in China.

Liability for Transboundary Pollution at the Intersection of Public and Private International Law, by Guillaume Laganière, Hart Publishing, 2022, 312 pages

Liability for Transboundary Pollution at the Intersection of Public and Private International Law, by Guillaume Laganière, Hart Publishing, 2022, 312 pages

Exploring the Effect of Policies on Environmental Pollution Liability Insurance in China’s Highly Polluting Industries: Applying Ajzen’s Theory of Planned Behavior

ABSTRACT This paper investigates the effects of different types of government policies related to environmental pollution liability insurance (EPLI) and how these policies promote the demand for EPLI of polluting enterprises. Based on the theory of planned behavior (TPB), we establish a research framework to analyze the effects and mechanisms of the three different policies (mandatory, incentive, and monitoring policies). Our empirical results suggest that the mandatory and monitoring policies can effectively promote companies to buy insurance, but the incentive policies have no significant impact on the insurance demand overall. Furthermore, companies with more positive environmental attitudes are not sensitive to mandatory policies. Although the overall effect of incentive policies is not significant, they have a significant positive impact on the EPLI demand of non-state-owned companies. The monitoring policies prompt enterprises to purchase insurance by strengthening information disclosure and compliant production.

Exploring legal gaps and barriers to the use of unmanned merchant ships in China

Autonomous shipping is developing rapidly in China. Zhifei, a 300 TEU unmanned container ship, started its commercial operation in Qingdao on 22 April 2022, and China is positioning itself as one of the world’s future leaders in autonomous shipping. The Ministry of Transport and other ministries have meanwhile explicitly expressed the goal of promoting a high-quality intelligent shipping industry. However, legal gaps and barriers to the use of unmanned merchant ships in China have barely been investigated yet. After examining China’s legal framework on shipping, it is identified that a series of legal gaps and barriers do currently exist. These concern the legal status of unmanned ships, the safety and security of navigation, seaworthiness and manning requirements, the duties of masters and crew members in preventing pollution, criminal and civil liability, insurance, and so on. In order to resolve these legal gaps and barriers, and thus accommodate the further development of unmanned merchant ships, we therefore recommend the following: First, China should more actively participate in international regulatory exercises of unmanned ships; secondly, more legal research should be encouraged; and thirdly, domestic legislations should be further clarified or amended, and/or separate unmanned ship legislation may be considered.

Considerations regarding legal liability for marine pollution

Environmental pollution has become a global phenomenon. In this context, the protection of the marine environment is achieved by means of multilateral and regional legal mechanisms and instruments, which aim to coordinate the activity of the states within the conferences and international bodies that take place in order to combat and sanction the pollution of the marine environment. The legal liability in the matter of marine environment pollution will fall on the polluter, guilty of damaging the environmental factors, but also on the responsibility of any natural or legal person who, although he does not cause environmental pollution, through his actions violates environmental legislation. Civil liability or criminal liability do not exclude the administrative liability and disciplinary liability of the crew members of a ship, who, through their functions on board, contribute to the safety of navigation and the ship.

The impact of insurance on pollution emissions: Evidence from China's environmental pollution liability insurance

The disaster risks caused by environmental pollution can be effectively reduced by insurance, however, how insurance affects pollution emissions remains unexplored in existing literature. This study aims to investigate the impacts of Environmental Pollution Liability Insurance (EPLI) implemented in China on pollution emissions by adopting difference-in-differences approach. Using the data at the prefecture-city level from 2003 to 2015, we find that EPLI has a significant inhibitory effect on pollution emissions, and the effect is stronger with the increasing numbers of insured enterprises and insurance premiums. Further analysis exploring channels suggests that EPLI can strengthen public supervision by compensating the public for economic losses caused by pollution, and improve self-discipline by increasing economic punishment for enterprises pollution. Our findings provide a new rationale for environmental administrators to regulate industrial polluters.

Removal of Heavy Metals from Mine Tailings in Central Chile Using Solidago chilensis Meyen, Haplopappus foliosus DC, and Lycium chilense Miers ex Bertero.

Mining activities have been a part of the history of Chile since time immemorial, generating pollution and environmental liabilities. Due to the lack of regulation, many tailings are deposited close to rivers or/and on unstable ground, near which towns have been built, generally in locations with no budget for their treatment. This study tested three plant species from Northern and Central Chile to remove total chromium, nickel, and zinc from tailings: Solidago chilensis, Haplopappus foliosus, and Lycium chilense, which complements the few existing studies on heavy metals removal with native or endemic Chilean shrubs. The experiments were conducted ex situ, and the initial and final concentrations of metals were determined in tailings and plants to obtain the removal efficiency, translocation and bioconcentration factors. Among these species, the best performance was obtained using Solidago chilensis, achieving removal efficiencies of 24% for Cr, 19% for Ni, and 17% for Zn, showing the ability to phytostabilize chromium and the higher resistance concerning the toxicity threshold. Haplopappus foliosus and Lycium chilense presented a slight tendency to stabilize chromium. Only Solidago chilensis showed little ability to extract Zn.

Environmental pollution liability insurance and green innovation of enterprises: Incentive tools or self-interest means?

The existing theoretical research on environmental liability insurance mainly focuses on system construction, development status and other aspects, and mainly consists of normative research, with relatively little empirical research. This paper uses empirical research methods to explore the impact of environmental liability insurance on the green innovation of enterprises and examines the driving role of environmental liability insurance in green innovation from the perspective of green governance. This paper, based on the list of enterprises purchasing environmental pollution liability insurance (EPLI) as published by the Ministry of Ecology and Environment, explores the impact of EPLI on the green innovation of enterprises. It is found that purchasing EPLI can significantly improve the green innovation of enterprises. The effect path test shows that EPLI can promote the green innovation of enterprises by relaxing financing constraints and reducing agency costs. The heterogeneity scenario test shows that compared with non-state-owned enterprises, non-heavily polluting enterprises, and enterprises in regions with a lower intensity of environmental regulation, EPLI plays a stronger role in the promotion of green innovation of state-owned enterprises, heavily polluting enterprises and enterprises in regions with a higher intensity of environmental regulation. In addition, it is found that the promotion effect of EPLI on green innovation is mainly reflected in the significant improvement of high-quality green innovation and the optimization of the structure of the green patent output. This paper affirms the positive role of EPLI on the green operations of enterprises and provides empirical evidence that green insurance serves the development of the green innovation of enterprises.

Environmental Pollution Liability Insurance Pricing and the Solvency of Insurance Companies in China: Based on the Black-Scholes Model.

Environmental pollution liability insurance is becoming increasingly important for China to achieve its emission reduction targets. Insurance pricing is a crucial factor restricting the market share of environment pollution liability insurance, from the perspective of the Black-Scholes pricing model, which in turn has influenced the solvency of insurance companies in China. Firstly, this study analyzes the problems existing in compulsory liability insurance for environmental pollution in China. It proceeds with analyzing the price of compulsory environmental pollution liability insurance using the Black-Scholes pricing model, and derives a high premium insurance rate of 2.44%. Moreover, it performs a multivariate regression analysis using the asset and liability data, taken from the annual report, to identify three key factors affecting the solvency adequacy ratio, namely, capital debt ratio, reflecting the company asset structure; net interest rate on assets, reflecting the asset scale with actual solvency; and claim ratio, reflecting the business quality. Based on the results of regression analysis and robustness test for the China Insurance Clauses (CIC) company, People's Insurance Company of China (PICC), and Asia-Pacific Property & Casualty Insurance (API) company, it is shown that the effect of total asset, total debt, capital debt ratio, claim ratio, and net interest rate on assets on the solvency adequacy ratio is significant, with respect to the size of the coefficients. Based on the Black-Scholes pricing model found in the previous cycle of liability insurance, and keeping in view the existing problems of environmental pollution liability insurance expenditure, this paper presents suggestions that are conducive to improving the solvency of insurance companies in China.

International Liability Regime for Pollution of Marine Environment from Ships

INTRODUCTION. The 1982 United Nations Convention on the Law of the Sea imposes obligations on states to protect and preserve the marine environment. They are responsible under international law. In order to ensure prompt and adequate compensation for all damage caused by marine pollution, states shall cooperate in implementing existing international law concerning liability and in developing procedures for adequate compensation, such as liability insurance or compensation funds MATERIALS AND METHODS. In the article the author analyzes international treaties that form the basis of the regime of international legal liability for marine pollution from ships, such as the Oil Pollution Damage Convention 1969, the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea 1996, the International Convention on Civil Liability for Bunker Fuel Pollution Damage 2001. The research is based on general scientific methods of knowledge (system and structural approaches, analysis and synthesis, induction and deduction), as well as special methods used in legal science (comparative legal, historical legal and formal dogmatic). RESEARCH RESULTS. Based on the analysis carried out, the author came to the following research results: Together the three conventions - the CSA, the COW and the Bunker Convention - form a single regime of liability for marine pollution, the source of which are ships, and strive for identity of all definitions in order to avoid inconsistencies in their interpretation. DISCUSSION AND CONCLUSIONS. In the course of the analysis, the author referred to the debatable points expressed in the scientific literature concerning the completeness of the legal regulation of liability for marine pollution from ships. After which the author made a conclusion that, although a significant amount of marine pollution accounts for pollution from ships, the existing international legal mechanisms for regulating liability issues in this area can be regarded as sufficient.

Does environmental pollution liability insurance promote environmental performance? Firm-level evidence from quasi-natural experiment in China

Taking China's environmental pollution liability insurance (EPLI) in 2008 as a quasi-natural experiment and using extensive panel data from the Chinese Industrial Enterprise Pollution Database (1998–2014) and Chinese Industrial Enterprise Database (1998–2013), this paper identifies the implementation effects of EPLI on emission reduction by employing the method of time-varying difference-in-differences. Results demonstrate that market-based environmental regulation has significantly promoted all types of industrial firms' emission reduction, except collective enterprises. EPLI, as a market-based environmental regulation, owns more flexible mechanisms to stimulate firms to reduce emissions, including reducing the usage of coal and oil and increasing the quantity of emission treatment facilities and investment. This paper provides empirical evidence to support the usage of EPLI in improving environmental performance, which not only comprehensively evaluates China's market-based tool but also provides treasures experience for the environmental management of developing countries on a firm level.