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The ‘Thin Law’ of Plastic Regulation and a Proposal for a Regional or Global Waste Tariff
Summary
This legal chapter examines the problem of 'thin law' in plastic regulation — where laws exist but are riddled with exceptions that undermine their effectiveness. The authors propose a regional or global waste tariff as an economic mechanism to make plastic pollution control more enforceable and impactful.
This Chapter examines the ongoing challenges of using regulation to manage plastic pollution. Specifically, the Chapter identifies the problem of ’thin law’ where laws exist that do not directly address the problem at hand or when they do address the problem at hand are engulfed in exceptions that allow for operations to continue according to the existing status quo. The Chapter highlights several examples of ’thin law’ that are incapable of addressing the scale of plastic pollution. The Chapter proposes the need for ’thick law’ intervention in the form of a regional or global waste tariff on single-use plastics and plastic fishing gear designed to reduce production of new plastics and increase reuse.