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How to tackle environmental damage from the throwaway society is one of the defining questions of the twenty-first century. By establishing a circular economy, we can encourage and support sustainable production and consumption. These essays by an international group of leading scholars from a range of disciplines analyse policies and legal instruments and challenge mainstream assumptions, from the choice of a policy mix to the actual effect of imposing standards on the market, and from corporate objectives and priorities to the use of precaution in assessing particularly harmful substances. Each chapter contributes to a better understanding of the current policy and regulatory framework in Europe and identifies the challenges and opportunities ahead. The book breaks new ground by examining how product policies can contribute to important objectives and visions, such as the aims of the circular economy. It is a must-read for researchers as well as for policymakers and practitioners.
This chapter describes the theoretical underpinnings of the chapters to come, and provides a framework for the particular issues discussed in each of them. It introduces problems arising from the use of laws to prevent product-related environmental damage. The mass production and consumption of goods are increasingly being linked to pollution-related problems, nationally and globally, not the least of which is the negative impact on the environment from their use and/or disposal as waste. The chapter takes a wider view of this dynamic, complex and increasingly diverse topic within both national and international environmental law, and discusses the development of product-oriented law in Europe. It also highlights the difficult considerations in striking a balance between economic and environmental interests. It describes how legal ‘responsibility’ in this field includes numerous obligations on producers and other actors, such as the duty to assess and recognize the environmental effects of their products, and their economic and practical responsibility to ensure the adequate end-of-life treatment of the product as waste. In the final section, the chapter introduces each of the different contributions to the book.
The linear economic model is reaching its limits given its negative impact on the environment that are threatening human survival. This chapter discusses the path towards an alternative economic model: the circular economy. Contrary to the linear model, that requires unlimited exploitation of natural resources, the circular economy is based on a continuous re-use of materials and products. The case for exchanging the linear model for a circular one has been made by scholars and stakeholders for several years already. David E. Pearce discussed back in 1990 the concept of a circular economy, highlighting the importance of interactions between the economy and the environment. This chapter examines the rationale for the circular economy and briefly reviews the literature on the topic. It then identifies the main factors that have to be in place in order achieve a circular economy. It illustrates each factor with existing and proposed laws and policies, notably those put forward by the European Commission in its 2015 Action Plan for a Circular Economy.
In this chapter, the editors reflect upon the contributions in the book, the main messages, and the implications for the future design of European product regulations. They also indicate areas where further research is needed.
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