Lotta ai cambiamenti climatici e transizione verso un modello di economia circolare : il ruolo del diritto internazionale

The article analyses the linkages between the transition to a circular economy and efforts to mitigate and adapt to climate change and explores how international law can enable the achievement of these intertwined goals. Despite the lack of explicit references to the circular economy in the current international legal framework on climate change, the article argues that there are opportunities for integration. Its core argument is that the guiding principles of the circular economy - namely, use less, use more, make clean, use again - are consistent with the objectives set out in key international legal instruments on climate change. As a consequence, international climate change law has the potential to incentivize states to move towards a circular economy, provided that they recognize the need for doing so to meet their commitments under international climate change agreements. In addition, the article explores the possibility of using existing mechanisms under the Paris Agreement to facilitate the transition to a circular economy. It thus highlights the role of climate finance, technology transfer and research and development as essential tools to promote circular practices. However, the article also points out that the realization of a significant role for international climate change law in the progress towards a circular economy will depend on the effective implementation of the commitments made by states in this framework. This aspect adds an important dimension to the discourse, emphasizing that the mere existence of international legal instruments is not enough; rather, concrete action by States is imperative to ensure the effectiveness of such instruments in combating climate change and thus promoting the transition to a circular economy.