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

Abstract

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

Garnett, Kathleen and van Calster, Geert, A Scoping Study on a Principle of ‘Essential Use’ in International and European Law (May 8, 2020). Transnational Environmental Law 2021, p.1-29 DOI 10.1017/S2047102521000042 Available open access via https://cup.org/3qnQeI5 , Available at SSRN: https://ssrn.com/abstract=3596140 or http://dx.doi.org/10.2139/ssrn.3596140

Kathleen Garnett

Independent

Geert Van Calster (Contact Author)

K.U. Leuven ( email )

Tiensestraat 41
Bus 3424
B-3000 Leuven, 3000
Belgium

HOME PAGE: http://www.gavc.be

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