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Hardman Reis, Tarcísio --- "Waste and international law: towards a resource-based approach?" [2016] ELECD 1442; in Kummer Peiry, Katharina; Ziegler, R. Andreas; Baumgartner, Jorun (eds), "Waste Management and the Green Economy" (Edward Elgar Publishing, 2016) 33

Book Title: Waste Management and the Green Economy

Editor(s): Kummer Peiry, Katharina; Ziegler, R. Andreas; Baumgartner, Jorun

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783473809

Section: Chapter 2

Section Title: Waste and international law: towards a resource-based approach?

Author(s): Hardman Reis, Tarcísio

Number of pages: 23

Abstract/Description:

The present chapter provides an overview of the treatment of wastes in international law through a study of international and regional treaties, as well as some of the existing jurisprudence, in order to identify trends and gaps related to the international regulation of waste. Within this purpose, the chapter identifies three approaches based on different topics under international law: the protection of human rights; the protection of the environment; and economic concerns associated with trade and investment activities. The chapter allows us to observe that each of the approaches described serves to respond to specific concerns (e.g. the nuisances created by waste, pollution from certain types of waste, and technical and legal definitions). The chapter concludes that an economic approach, mainly supported by soft law instruments (e.g. international standards and publications from international organizations) is currently being developed in order to respond to the growing importance of the economic dimension of waste.