Suchergebnisse

This article discusses the regulation of 'substances of concern' in the circular economy (CE) in the European Union (EU). It analyses the tensions and obstacles that the present sectoral separation of waste, product and chemicals legislation sets for the development of the CE. We argue that in a longer term perspective the aim should be to erase the border between waste and chemicals regulation and create a single regime for the regulation of materials and their flow. However, the eventual aim of such non-toxic material circulation can be achieved only via precautious transitional measures that outweigh the costs and benefits of each material flow and set restrictions for the particular substances of concern. Regulatory actions addressing the risks posed by the substances of concern in the waste-based material flows are urgently needed. New measures are necessary to protect human health and the environment and to support the development of the markets for the secondary materials.

The profound changes in Earth systems dynamics are affecting the health of the entire planet and the realization of a broad range of human rights. In this paper, we propose that the grand narrative of human rights including the legal right to a clean, healthy and sustainable environment recognized by the United Nations in 2022 requires the acknowledgment of the interconnected challenges posed by planetary crises. We discuss how planetary boundaries (PB) research can provide evidence-based arguments and clarify State duties concerning their international human rights law commitments. The economic, social and cultural rights are deeply connected with the right to a healthy environment. Human rights to water, food, or health, for example, can all be understood in the context of Earth systems change. Civil and political rights go beyond individuals to include also collective action and participation to tackle planetary social-ecological challenges. Gaps remain in human rights law concerning some of the PBs, which risks overlooking the interconnected drivers of ecosystem degradation. Clearer legal standing and justification for legal demands, for example concerning the impacts of water use, land use and deforestation, are needed to tackle PB overshoot. States must act at various spaces including the global economic systems and the global supply chains of goods and services for humanity to reach planetary safe and just spaces. Weaving international human rights law and advances at various geographical scales on the right to a healthy environment with PB provides a powerful tool for defending the prerequisites of good life for everyone, everywhere.

In recent years, transitioning to a more circular economy has been introduced as a policy objective in many jurisdictions across the globe with a view to achieving a sustainable society. However, the increasing attention paid to this issue has so far not led to a large-scale transformation of production processes and consumption. Instead, many circular economy innovations have remained niche and have not become the mainstream solutions. A plethora of regulatory, market, cultural and technological barriers limit the demand for, and consequently wide-scale adoption of, circular solutions. This article examines the potential offered by regulatory demand-pull instruments to overcome such barriers and to mainstream circular economy solutions. In particular, the article investigates innovative demand-pull instruments that have been used in various jurisdictions globally. This article analyses the instruments according to their types – i.e., command-and-control measures, economic incentives, information tools and public procurement – to gain a better understanding of the rationales, strengths, and limitations of these categories of instruments in creating a stable demand for the circular economy. The lessons learned from the regulatory innovations enable a more critical approach in determining the best combination of instruments and tools to implement sustainable circular solutions on a larger scale.