This article proposes providing a new approach to international environmental law and specifically the principle "polluter pays", from the post-marxist critique of law. As such, the main question of this work is: which political processes of significance were inscribed the diffusion and adoption of that principle in Latin America and Argentina in the 90s in? We distinguish between risk society and logic of risk in order to identify political moments in the construction of environmental risks in the context of the greening of States and markets in Latin American in the 90s. In this sense, meaningless relationships between environmental causes and expansion of the industry environment are established. Finally, the principle "polluter pays" is identified as a condition of possibility for the development of one of the very core logic of risk: the process of trans-nationalization and centralization of national economies
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