ABSTRACT

This chapter analyzes the roles that ESM fulfills in relation to the regulation of wastes. Due to the life-cycle approach rooted in ESM, this principle fulfills a dual role. First, it has transformed waste management into a matter of international concern. Second, ESM is currently enabling a transition from a piecemeal approach regarding the regulation of wastes to a comprehensive legal regime based on synergies between different environmental legal regimes that deal with wastes either directly (transboundary movement of wastes) or indirectly (ship-source pollution). This chapter also provides an analysis of the legal status of this principle and its impact on State’s sovereignty.