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RESEARCH PRODUCT

From ‘polluter pays’ to ‘polluter does not pollute’

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Abstract Non-binding agreements, minor sanctions in the form of payment obligations and shaming have been the usual policy responses against environmental harms. In addition to this, many existing pieces of legislation on international environmental law and governance are based on good intent and voluntary agreement and they have proven to be limited or ineffective. This article argues that, at the current state of the climate crisis, there is no more room for negotiations and proposals which lead to false solutions. Acknowledging that, legal solutions to environmental problems require new formulations which incorporate a different understanding of nature and its non-human inhabitants; this article suggests that an international law of ecocide has the potential to become a very powerful tool to transform structures which cause environmental damage and climate crimes.