Circular Economy And The Law

Currently humanity uses, on average, the equivalent of 1.6 earths to provide the resources we use and to absorb our waste. A pathway to sustainable resource use is also known as the 'circular economy.' This concept aims at optimising the value of the resources used while minimising the amount of resources used. Chris Backes addresses the question of what kind of law we need to realize this circular economy. He argues that many legal frameworks and rules on the national and the European level will have to be reconsidered, amended, or completely newly framed to foster a truly circular economy. This is the inaugural lecture which Professor Chris Backes delivered on April 12, 2017 on the occasion of accepting the Chair of Environmental and Planning Law at Utrecht University School of Law, Utrecht Centre for Water, Oceans and Sustainability Law. [Subject: International Law, Environmental Law]

This book explores the role of law and policy in circular economy transitions and their impacts on justice, including on distributional equity and recognition and procedural rights, especially for people already marginalised under the current dominant economic system. Amid increasing demand for virgin raw materials, and unsustainable consumption and waste disposal that are driving the global ecological and climate crisis, there are growing calls to urgently transition to circular economies. Despite an increasing number of circular approaches being adopted, implemented, and integrated in national and local laws and policies, the number of commercially successful business stories remains isolated. Moreover, questions about whether circular economy laws and policies are delivering fair and just global outcomes need to be addressed. This book examines this significant knowledge gap to understand legal experiences, including justice and equity issues in the global context, so that these can inform wider design and implementation. The book begins by explaining the concept of a circular economy and its context within wider issues of sustainable development and justice. The first part of the book then examines the legal context of the circular economy by analysing legal forms in practice and those recommended in wider scholarship before considering how these could impact on existing inequity and injustices globally. The second part delivers an empirical understanding of the implications of the law on circular economy approaches and the global equity and justice dimensions through two case studies on solid waste management and forestry. The final part addresses legal opportunities and challenges for wider implementation of circular economy approaches that incorporate justice into its framing. This book will be of great interest to students, scholars, and practitioners of environmental and natural resource law and policy, circular economy, industrial ecology, natural resource management, and sustainable development more broadly.

This book explores the concept of a circular economy from both a legal and an interdisciplinary perspective.

Effective Waste Management and Circular Economy: Legislative Framework and Strategies is an invaluable resource for researchers, policymakers, implementers and PhD, graduate and Under Graduate level students in universities and colleges analysing the legal framework, strategies in waste management, circular economy adoption, use of mathematical and statistical modelling in setting waste management strategies, sanitation and Hygiene in waste management. While huge wastes are wasted by dumping, there is potential of resource circulation by enforcing legislative framework to effective resource utilisation and creating business opportunities. Circularity of resources in waste streams can contribute to a more secure, sustainable, and economically sound future through the followings: Effective legal framework, strategies and policy instruments, Adoption of circular economy and recycling technologies, Support of IoT and appropriate decision making and modelling, Adoption of alternatives to plastics and other hazardous materials, Economic feasibility as business case, commercialisation, generating employment. This book addresses most of the above issues in a lucid manner by experts in the field from different countries, which are helpful for the related stakeholders, edited by experts in the field. Sadhan Kumar Ghosh, Professor at Jadavpur University, internationally well-known expert working in varied interdisciplinary fields including waste management having research collaboration in 40 countries. Sasmita Samanta, Pro-Vice Chancellor, KIIT Deemed to be University, Bhubaneswar, Odisha, India having research experience in management & academic administration. Harish Hirani, Director at CSIR-CMERI, Durgapur, having wider fields of research in IIT Delhi with a number of research collaboration. Carlos RV Silva Filho, Director, Presidente, ABRELPE, Sao Paulo/SP - Brazil & Presidente, International Solid Waste Association, Netherlands has experience of working in number of international projects

This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective. Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available to create and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, etc. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe.

"The book explores the role of public market actors in sustainable and circular economy innovation and financing. The shift to a circular economy requires active innovation, alongside radical changes in law, finance and policy considerations, since regulation is often tightly connected with the assumption of a linear model of consumption. Finance is crucial in creating sustainable and circular economy markets and innovations: public finance is .important from the perspective of seeing the state as an engine for promoting sustainable innovations, but private funds are also required. Legislative initiatives for promoting repairs have been proposed or adopted in the EU, US and in Australia, representing remarkable steps forward but still leaving many obstacles without legislative intervention. This book examines circular economy regulation and policy on a comprehensive, general level, as well as assessing the regulatory possibilities of promoting the right to repair. Promotion of circular economy innovations as well as changing the practices and changing consumer patterns towards a more comprehensive adoption of CE are discussed from perspectives of legal, social and moral norms. The book critically evaluates current legislative reforms and assesses existing barriers to the circular economy and innovation in intellectual property law, consumer law and competition law. Providing an in-depth analysis of this dynamic field, geared towards reconsidering both existing and prospective policies and regulatory regime, the book makes recommendations for solutions to legislative barriers. It is an indispensable resource for both researchers and practitioners working at the intersections of markets, innovations and sustainability"--

Previous and current resource use models have led to high levels of pollution, environmental degradation, and depletion of natural resources. The waste policy has a long history and has traditionally focused on more environmentally sustainable waste management. To be efficient in terms of resource use, the principles of the circular economy should change this trend, transforming the economy into a sustainable economy. The new waste regulations introduce new waste management objectives in terms of waste prevention, reuse, recycling, and storage by addressing new processes.

This crucial Handbook brings together the latest thinking on the circular economy, an area that has increasingly caught global attention. Contributors explore a broad range of themes such as recycling systems and new business models, as well as consolidating the many ways in which the topic has been dealt with in research, business and policy-making. The Handbook of the Circular Economy is not only relevant, but also essential for students, academics, and policy-makers trying to make sense of the plethora of ways in which the term has been applied and interpreted.