Innovative Regulatory Frameworks Promoting Green Economy for Sustainable Development and Poverty Eradication in Europe

The political Rio 20 Declaration challenges lawyers and legal professionals around the world to think creatively about the legal preparedness for the green economy. To this end, this study focuses on highlighting the legal changes that are being adopted in Europe, at national and regional levels, to facilitate the transition to a greener economy. The purpose is thus to point out the challenges that domestic governments face in transitioning to a greener economy and to research the means by which these challenges can be met. This compendium gathers recent practices in legal and institutional reform that exemplify promising methods of addressing green economy measures

What is Product-Service Systems (PSS)? A Review on PSS Researches and Relevant Policies

In order to achieve sustainable society, it is necessary to transform industrial structure to the one that does not reduce the Earth's resources. Under this circumstance, a business model of "not selling goods, but selling services" has been expected as a measure of co-existence of business and the environment. This idea, which is called as "Product-Service Systems: PSS" or "Servicizing" etc., has been studied in Europe, the United States and international organisations, and is now studied in Japan. However, the idea of PSS is still not effectively used for policy development.One of the major reasons is that PSS concept itself is under-developed. Under the unclear concept of PSS, researchers are working towards more scientific understanding while policy makers are trying to develop new policy measures, and there is confusion in those communities. In order to develop policy measures, it is necessary to make clear the position of PSS in socio-economic system. This paper overviews previous PSS researches and relevant policy measures conducted in Japan, the US and EU, and tries to grasp the context of researches and policy activities and to find out the agenda of the current status. The characteristics of PSS rest on the innovative relationship between producer and consumer. However, PSS researches are stuck at measurement of environmental loads, and relevant policies tend to be rest on the ones targeting producers. In order to get out of this situation, it is necessary to ask question what is PSS and to make it clear where PSS can be positioned in socio-economic system. PSS is important, because PSS has an element of creating sufficiency as well as eco-efficiency. It is recommended that PSS concept needs to be examined as a research effort, and environmentally sound product policy needs to be systematically organised

Resource recovery and remediation of highly alkaline residues : a political-industrial ecology approach to building a circular economy

Highly alkaline industrial residues (e.g., steel slag, bauxite processing residue (red mud) and ash from coal combustion) have been identified as stocks of potentially valuable metals. Technological change has created demand for metals, such as vanadium and certain rare earth elements, in electronics associated with renewable energy generation and storage. Current raw material and circular economy policy initiatives in the EU and industrial ecology research all promote resource recovery from residues, with research so far primarily from an environmental science perspective. This paper begins to address the deficit of research into the governance of resource recovery from a novel situation where re-use involves extraction of a component from a bulk residue that itself represents a risk to the environment. Taking a political industrial ecology approach, we briefly present emerging techniques for recovery and consider their regulatory implications in the light of potential environmental impacts. The paper draws on EU and UK regulatory framework for these residues along with semi-structured interviews with industry and regulatory bodies. A complex picture emerges of entwined ownerships and responsibilities for residues, with past practice and policy having a lasting impact on current possibilities for resource recovery

WEEE and ROHS: are they spurring innovation among small and medium sized electronics businesses in the U.S.?

Eight small businesses in the electronics industry from Rochester, NY were studied in order to determine whether the European Union’s directives, Waste Electrical and Electronic Equipment (WEEE) and Restriction of Hazardous Substances Directives (RoHS) are spurring innovation in the US. Innovation was defined as any change in the design and manufacturing of the products, in the internal organizational structure and management of the business, or in the market strategies pursued by the small businesses that created a benefit beyond RoHS and WEEE compliance. Because WEEE and RoHS are based upon extended producer responsibility principles, this innovation would complement the findings of previous research completed on extended producer responsibility (EPR) legislation. A case study with an in-depth interview was conducted for each of the eight companies to gather data on the changes the companies had taken in their operational, design, and management systems to comply with WEEE and RoHS. The collected data was analyzed to determine which of the changes were “spillover effects” that went beyond the requirements of WEEE and RoHS. The analysis led to the finding that the directives were in fact leading to innovations within each of the companies. While some companies had more profound innovations than others, the directives had prompted the companies to take on initiatives that led to more efficient and environmentally friendly manufacturing and design processes

Planning the Funeral at the Birth: Extended Producer Responsibility in the European Union and the United States

This Article examines how governments in the world\u27s two largest economies are diverging in their approaches to regulating hazardous products and packaging, with major ramifications for manufacturing, waste management, and trade. The European Union is implementing product-oriented environmental regulation based on the principle of Extended Producer Responsibility ( EPR ), which assigns responsibility to manufacturers to take back their products after consumers discard them. In theory, EPR could dramatically alter production practices by internalizing externalities from products and providing incentives for environmentally friendly design. However, practical problems of implementation raise questions about the effectiveness of EPR as a policy tool. This Article explores the European experience with EPR, the reasons for apparent resistance to EPR in the United States, and the implications of a move toward product-oriented environmental law. It critiques EPR on the grounds that the transaction costs of EPR may outweigh its environmental benefits and that practical problems of implementation may preclude the achievement of expected product design incentives. Given the substantial cost and technical hurdles to establishing the legal underpinnings of EPR programs, this Article recommends that the United States consider alternative policy instruments to address environmental externalities from products

Disposition Choices Based on Energy Footprints instead of Recovery Quota

This paper addresses the impact of disposition choices on the energy use of closed-loop supply chains. In a life cycle perspective, energy used in the forward chain which is locked up in the product is recaptured in recovery. High quality recovery replaces virgin production and thereby saves energy. This so called substitution effect is often ignored. Governments worldwide implement Extended Producer Responsibility (EPR). Policies are based on recovery quota and not effective from an energy point of view. This in turn leads to unnecessary emissions of amongst others CO2. This research evaluates current EPR policies and presents six policy alternatives from an energy standpoint. The Pareto-frontier model used is generic and can be applied to other closed loops supply chains under EPR, exploiting the substitution effect. The measures modeled are applied to five WEEE cases. We discuss results, pros an cons of various alternatives and complementary measures that might be taken.extended producer responsibility;disposition;energy perspective;substitution effect;government policies;Pareto efficiency

Transplanting EU waste law:The European waste electrical and electronic equipment directives as a source of inspiration to Brazilian law and policy

What are the legal instruments and policy choices producing improvements in e-waste management strategies worldwide? Could they be used from one legal system to another? The EU’s tradition of focusing on waste management and setting goals and responsibilities for all stakeholders involved in products life-cycle is remarkable. Its progress in policy and legal instruments on the field throughout the years represent a source of inspiration to other jurisdictions outside the European Union. At the same time, there have been developments in Brazilian law on the topic of waste management through the National Policy on Solid Waste (NPSW), Brazil’s most recent Act, the NPSW is a mark of progress, specifying priority waste streams and demanding well-structured and implemented take-back systems. Nonetheless, there have been considerable difficulties with moving further. This book studies and analyses the process of drafting and implementing the WEEE Directives in the European member states (MS) with the aim of identifying key policy and legal instruments that have contributed to fully working national WEEE systems. Supported by the Legal Transplants Theory it verifies the possibility for a jurisdiction to inspire others and, points out which lessons could be learned from the European experience that could contribute to the development of the corresponding laws in Brazil

Environmental decay and the illegal market in e-waste from a European perspective: current problems and future directions

In the last decade, the growth in electronics production and consumption has been coupled with an increase in the illegal export of electrical and electronic waste (or “e-waste”) beyond the borders of the European Union (EU). Shipped to illegal recycling facilities in less industrialized countries, e-waste is a severe threat to the integrity of local environments and a potential source of ecosystem and biodiversity loss. Although the extent of the damage caused by e-waste pollution is unknown, scientific studies have warned of the perils of hazardous substances, which are released during primitive e-waste recycling activities in countries such as China, Ghana and Nigeria.Drawing insights from the scientific literature, this paper illustrates how the problem of e-waste pollution is intrinsically linked to the issue of biodiversity and ecosystem degradation. In particular, it argues that much greater attention should be paid to the EU Directives on Waste Electrical and Electronic Equipment (WEEE) and the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS) and to the proposals to recast the two Directives because of their potential to enhance environmental protection globally. Nonetheless, underpinning this scrutiny is the contention that shortcomings in the EU legal framework on e-waste could ultimately affect the environment and biodiversity of less industrialized states