Veteran Law Review
Vol 9 No 1 (2026): Mei 2026

Historical Pollution in the Polluter Pays Principle: Who Pays When the Polluter Is No Longer There?

Davilla Prawidya Azaria (Fakultas Hukum UPN Veteran Jakarta)
Anni Alvionita Simanjuntak (Unknown)



Article Info

Publish Date
02 Jun 2026

Abstract

The conventional Polluter Pays Principle encounters jurisdictional paralysis when confronted with historical pollution, particularly when responsible corporations escape liability through liquidation or strategic bankruptcy, leaving behind severely deteriorated environments as orphan sites. This normative legal research aims to formulate a policy reconstruction to bridge this intertemporal liability gap by analyzing successful environmental policy frameworks from various developing countries. Grounded in the protective function of state authority, governments possess an inherent responsibility and institutional capacity to proactively intervene in long-standing ecological crises. The analysis indicates that transferring remediation liability to the state can be effectively operationalized through adaptable instruments tested in the Global South, including state-led emergency restoration mechanisms, collective industry-funded environmental pools, and property-attached ecological obligations. In conclusion, the state must act as the primary executor of physical remediation upfront, subsequently utilizing its sovereign right to reclaim restoration costs from successor entities or parent companies to guarantee intergenerational ecological justice.

Copyrights © 2026






Journal Info

Abbrev

Velrev

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, ...