Reflections on insolvency and conservation in the light of the polluter pays principle

Abstract

While the protection of creation, the polluter pays principle and insolvency regulation are apparently separate institutions and areas of law, this study aims to show a common perspective between them. In the legal life of an economic entity, insolvency proceedings (and, within them, the liquidation proceedings examined in the context of this study) should ideally go hand in hand with the need to take environmental considerations into account in the process of liquidation. It will be easier to formulate practical legislative proposals in connection with this termination if we examine the ideas relating to the created world and also review of the polluter pays principle of environmental law. The first can be explored by introducing the papal encyclics, for which an analysis of the basic ideas of social responsibility for property and freedom to establish a company is essential, and the second by placing them in an international context and comparing them with the United Nations Framework for Sustainable Development. On the basis of these theoretical foundations, it will be possible to draft proposals for codification in the field of insolvency and liquidation.