Plastic waste reduction in Chile: Elements to deepen our regulation

Abstract

Data shows that plastic waste is aggravating climate crisis and it is generating serious violations of fundamental rights such as life, health, and the right to a healthy environment, all with a strong economic impact. Industry and consumers have not shown any reaction, in an issue that requires considering an adequate regulation to manage the problem. The adoption of measures needs to take into account different legal assets. In this, constitutional theory can provide elements of analysis, such as the system of balancing rights or the effectiveness in the use of public resources. At the same time, the legal response should be shaped by environmental principles, such as non regression, promoting progressivity and preventing environmental damages. Regarding plastic waste, we can see the same regulatory movement at an international level, comparative, regional and local systems. In the legal reaction, one start point to consider is the prohibition of single-use plastics. However, even in a scenario with a lack of regulation and only considering our actual legal system, we already find ourselves in the legal need to adopt measures against the problem of plastic waste.