Towards ‘Secondary Raw Material’ as a Legal Category

J (Julia) Hornig

doi:10.1177/14614529221087642

Towards ‘Secondary Raw Material’ as a Legal Category

J (Julia) Hornig

Commercial Law

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Abstract

The paper seeks to examine the role of categorisation for circular economy by investigating the concept and definition of waste and waste management. In this paper, not only the legal interpretation provided by the Court of Justice of the European Union (CJEU) and legal scholars will be considered, but also economic analysis for an improved taxonomy of waste and resources (also referred to as ‘secondary raw material’). The broad concept of waste as developed by the CJEU as well as the uncertainty of end-of-waste-status-criteria create a major obstacle. The paper thus seeks to provide an alternative to the existing categories based on a more purposive approach that acknowledges the potential of resources more adequately. It provides an additional concept to waste within the legal framework and thereby acknowledges the role of categorisation as a driver for circular economy.

Original language	English
Pages (from-to)	111-127
Number of pages	17
Journal	Environmental Law Review
Volume	24
Issue number	2
DOIs	https://doi.org/10.1177/14614529221087642
Publication status	Published - 3 Jun 2022

Bibliographical note

Publisher Copyright:
© The Author(s) 2022.

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Cite this

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AB - The paper seeks to examine the role of categorisation for circular economy by investigating the concept and definition of waste and waste management. In this paper, not only the legal interpretation provided by the Court of Justice of the European Union (CJEU) and legal scholars will be considered, but also economic analysis for an improved taxonomy of waste and resources (also referred to as ‘secondary raw material’). The broad concept of waste as developed by the CJEU as well as the uncertainty of end-of-waste-status-criteria create a major obstacle. The paper thus seeks to provide an alternative to the existing categories based on a more purposive approach that acknowledges the potential of resources more adequately. It provides an additional concept to waste within the legal framework and thereby acknowledges the role of categorisation as a driver for circular economy.

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Towards ‘Secondary Raw Material’ as a Legal Category

Abstract

Bibliographical note

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