Waste management

Globally, governments and private parties such as businesses, NGOs, and individuals struggle to handle a growing number of used electronic devices. There are poisoning effects on land that often take many years to emerge, hindering several attempts to achieve land degradation neutrality. Legislation and legal enforcement must concentrate on eliminating and neutralizing dangerous compounds from e-waste, ensuring proper storage and preventing illicit trading. After examining relevant public international law and concerned organizations, a worldwide scenario and taxonomy of the relevant UN 2030 Agenda for Sustainable Development are assessed. The paper concludes that although public authorities are working hard to reduce environmental pollution caused by e-waste, existing international, regional, and national legislative tools and approaches could be more effectively implemented. It is necessary to take global actions to ensure environmental protection and human safety while addressing ambiguities in both national and international law.

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This paper focuses on the topic of environmental remediation in the case of bankruptcy or judicial liquidation of an entrepreneur, in light of the most recent legislation and case law. After going over the jurisprudential debate that has developed on the issue, the Italian Council of State, with its judgment (Plenary) no. 3/2021, stated that the presence of waste on an industrial site and the position of the keeper of the site (a position which the bankruptcy trustee would acquire at the time of the declaration of bankruptcy or following judicial liquidation), would root the “legitimatio ad causam” of the trustee. In light of Constitutional Law Feb. 11, 2022, No. 1, constitutional dignity was granted to the environment, further developing the law in this area, especially in the context of the provisions laid down in the Bankruptcy Law.

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