Economic Instruments for Environmental Protection in Mexican Environmental Law

Abstract

This paper, entitled “Economic Instruments for Environmental Protection in Mexican Environmental Law” presents the categorization by Mexican Law of these instruments, comparing them with other classifications present in the doctrine. It also introduces the categories that the Organization for Economic Co-operation and Development (thereafter OCDE) has made of these instruments. The OECD was the first organization to suggest their use in 1974 through the adoption of the polluter pays principle and the European Union (thereafter EU) where, through ordinary policies, began its use immediately after the oecd recommendations. In addition to analyzing the pros and cons of the treatment that the General Law of Ecological Equilibrium and Environmental Protection gives these instruments, a new classification and definition of the latter is proposed without departing from the tradition in the country, which distinguishes between fiscal, financial and market instruments. The study explores the differences between the approach based on the polluter pays principle and the use of public funds for environmental needs and its reflection in financial instruments for environmental issues.