Posts Tagged essential uses
Our scoping study on a principle of ‘essential use’ in international and European regulatory (particularly chemicals) law.
Update 15 May 2020 see the ECHA consultation on PFAS regulation launched this very week.
With Kathleen Garnett I have co-authored a paper where we scope the ‘essential uses’ approach to product regulation, particularly in chemicals.
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?
The concept of ‘essential use’ or ‘non-essential use’ has been referenced in a number of EU policy papers. Kathleen and I focus on Per- and polyfluoroalkyl substances (‘PFAS’) in chemicals legislation and firstly, map the concept of ‘essential use’ in international and EU law; further, discuss its limited application in the case-law of the European Court of Justice; and, before we conclude, carry out a preliminary investigation as to (if it does not currently exist in EU law), whether it might be so included de lege ferenda.
Happy reading. We are submitting to journal.
Chemicals, environment, Essential use, essential uses, forever chemicals, Market Authorisation, Montreal, need, Per- and polyfluoroalkyl substances (‘PFAS’), PFAS, public interest, REACH, regulatory, teflon
- Nigeria v Shell et al at the High Court. Yet more lis alibi pendens and cutting some corners on case-management. 28/05/2020
- Awendale v Pyxis. More Article 29 lis alibi pendens, with focus on ‘same cause of action’, ‘same parties’ and time limits for application. 27/05/2020
- From the archives: the professor Arnaud Nuyts study on residual jurisdiction. 26/05/2020
- The CJEU in Reliantco on’consumers’ and complex financial markets. And again on contracts and tort. 26/05/2020
- Local authority B v X: Brussels IIa and (Northern) Cypriot territory. 25/05/2020
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