A Scoping Study on a Principle of ‘Essential Use’ in International and European Law
Transnational Environmental Law 2021, p.1-29 DOI 10.1017/S2047102521000042 Available open access via https://cup.org/3qnQeI5
Posted: 4 Jun 2020 Last revised: 8 Mar 2021
Date Written: May 8, 2020
Could calls for the stricter regulation of one particular type of chemical herald the introduction of a new (or not) ‘principle’ in international and EU regulatory law, namely that of ‘essential use’ as a precondition for market authorisation?
This paper focuses on chemicals legislation and firstly, maps the concept of ‘essential use’ in international and EU law; further, discusses its limited application in the case-law of the European Court of Justice; and, before it concludes, carries out a preliminary investigation as to (if it does not currently exist in EU law), whether it might be so included de lege ferenda.
Keywords: essential uses; regulation; chemicals; environment; law
JEL Classification: K32, K33
Suggested Citation: Suggested Citation