The Polluter-Pays Principle in a Transboundary Context – the Case of Arctic Ocean Continental Shelf Oil Production

Abstract

In terms of international law, States are obliged to abstain from causing significant transboundary harm. Part of this obligation is the enforcement of the polluter-pays principle. Although acknowledged by States, its extraterritorial application is the exception rather than the rule. The purpose of this article is to consider how, in the absence of a regional regime catering for the transboundary pollution victims, the Arctic Ocean littoral States adhere to those obligations while engaged in Arctic Ocean continental shelf oil production.