For the past three years the UN Environmental Program (UNEP) has been investigating the environmental impact of oil spills…in the Niger Delta…The “polluter pays” principle is well established in environmental law…However, in this case, Shell is not (yet) paying for the damage. It is paying for a study to assess the damage to be remedied…Amnesty International says UNEP has shown poor judgment in relying on Shell’s data that are unsubstantiated…So what’s the answer?...I would say: let the oil industry pay but make sure the assessment is done by others and set up measures that safeguard…independence and integrity through transparency, multi-stakeholder engagement and peer reviews…