Interdisciplinarising Legal Theory: Towards a Reconceptualisation of Business Law

Sjåfjell, Beate; Mähönen, Jukka

doi:10.2139/ssrn.3731289

Cited by 1 publication

(1 citation statement)

References 13 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Novel organisational mechanisms such as industrial alliances and the complex entanglement of social and environmental crises to which they respond, add to existing exigencies that impel scholars (including legal scholars) to "rethink basic concepts in the organisation of our societies" [ [9] p 25]. As industrial alliances are not formal law-making forums like State legislatures or the EU institutions, legal scholars are faced with a more polycentric governance context within which they must move beyond "positing simple systems to using more complex frameworks, theories, and models to understand the diversity of puzzles and problems facing humans interacting in contemporary societies."…”

Section: Introductionmentioning

confidence: 99%

The Normative Role of the Circular Plastics Alliance in the EU’s Transition towards a European Circular Economy for Plastics

O’Halloran

2024

Circ.Econ.Sust.

View full text Add to dashboard Cite

The global pollution and waste crisis presents us with environmental and economic challenges which if not properly addressed could destabilise or threaten the survival and welfare of societies. The European Union is responding to the waste and pollution crisis through its circular economy agenda that adopts a broad life-cycle approach to the regulation of plastics from production, consumption, disposal, and recycling. To operationalise its agenda, the European Union seeks to inter alia mobilise all actors towards the objective of improving the economics of plastic recycling. Given the potential for conflicts and disputes to proliferate across a broad range of societal actors and interests, it is perhaps not surprising that when we examine the evolving EU legal and normative framework for a circular plastics economy, we observe a polycentric governance arrangement that includes the EU institutions, the Circular Plastics Alliance (CPA), and European standardisation organisations (i.e. CEN and CENELEC). The normative interactions amongst these governance bodies will not easily be unveiled and understood if we enclose our perspectives and analyses within the limits of traditional legal paradigms that only focus upon the formal law-making processes that flow through the European Parliament, Council, and Commission. However, by applying Karl Llewellyn’s law-jobs theory in this article, it is possible to analyse how a multiplicity of governance bodies perform certain legal functions that are contributing to the development of regulatory order for a European circular plastics economy. This article sets out a number of key findings in relation to the evolving legal and normative framework for a European circular plastics economy pertaining to the role of the CPA in framing problems, theorising solutions, and shaping the pathway of normative development towards a European circular plastics economy. To date, the CPA has identified obstacles to the expansion of the European recycled plastics market, and mapped the areas in need of standardisation if such obstacles are to be overcome This work by the CPA has prompted the European Commission to submit a standardisation request to the CEN and CENELEC calling for the development of harmonised standards to facilitate greater plastic recycling. While compliance with CEN and CENELEC standards would be voluntary, such standards could interact with the EU’s proposed Ecodesign Regulation and any delegated acts adopted thereto, thereby creating legal obligations for a wide range of actors across plastic value chains.

show abstract

Section: Introductionmentioning

confidence: 99%

The Normative Role of the Circular Plastics Alliance in the EU’s Transition towards a European Circular Economy for Plastics

O’Halloran

2024

Circ.Econ.Sust.

View full text Add to dashboard Cite

show abstract

Interdisciplinarising Legal Theory: Towards a Reconceptualisation of Business Law

Cited by 1 publication

References 13 publications

The Normative Role of the Circular Plastics Alliance in the EU’s Transition towards a European Circular Economy for Plastics

The Normative Role of the Circular Plastics Alliance in the EU’s Transition towards a European Circular Economy for Plastics

Contact Info

Product

Resources

About