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Legal status of packaging waste in circular economy: a critical study with special reference to environmental sustainability in India and Brazil

Student name: Mr Ratish Kumar
Guide: Dr Manini Syali
Year of completion: 2025

Abstract:

The global surge in packaging waste, primarily driven by increased consumption and industrialization, has emerged as a pressing environmental challenge, especially in rapidly developing economies like India and Brazil. This dissertation critically examines the legal status of packaging waste within the framework of the circular economy, with a special focus on environmental sustainability in these two nations. It explores international legal instruments such as the Basel Convention and the European Union’s Packaging Waste Regulation while assessing their relevance and influence on domestic legal structures. In India, key regulations like the Plastic Waste Management Rules, 2016 (and subsequent amendments), emphasize Extended Producer Responsibility (EPR), whereas Brazil’s National Solid Waste Policy (PNRS) integrates reverse logistics and inclusive waste governance through its formal recognition of informal waste workers. Through comparative legal analysis and evaluation of ground-level implementation, the study reveals significant variations in policy execution, enforcement mechanisms, and public awareness. Despite progressive legislation in both countries, challenges persist in the form of weak institutional coordination, limited stakeholder participation, and inadequate infrastructure. The research adopts a doctrinal and comparative methodology to identify legal gaps, implementation challenges, and potential pathways for reform. The study concludes by offering actionable legal and policy recommendations to enhance packaging waste governance in alignment with circular economy principles, thereby contributing to sustainable development and environmental justice.

Keywords: Packaging Waste, Circular Economy, Environmental Sustainability, Extended Producer Responsibility (EPR), Legal Framework, India, Brazil, Waste Management, Basel Convention, Reverse Logistics