This introduction is structured in three parts. First, it provides a philosophical and linguistic analysis of the concept of waste, demonstrating that waste is not a fixed category but a relative and dynamic one, shaped by space, time, and human valuation. This conceptual indeterminacy has direct legal significance, as it affects both the identification of waste-related risks and the construction of legal and financial safeguards. Second, the introduction defines the research objective and methods. It explains the novelty of approaching waste from the perspective of insurance law and indicates the use of dogmatic-legal, functional, and comparative methods. The analysis is grounded primarily in EU law, while also drawing on selected solutions developed in Member States and in the United States. Third, the introduction outlines the structure of the monograph and formulates its detailed research questions. These concern, in particular, the classification of waste risks, the legal principles supporting the use of insurance in waste management, the role of financial security, the legal nature of insurance guarantees, and the adequacy of existing insurance instruments for addressing environmental risks associated with waste management.

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Introduction

  • Dorota Maśniak

摘要

This introduction is structured in three parts. First, it provides a philosophical and linguistic analysis of the concept of waste, demonstrating that waste is not a fixed category but a relative and dynamic one, shaped by space, time, and human valuation. This conceptual indeterminacy has direct legal significance, as it affects both the identification of waste-related risks and the construction of legal and financial safeguards. Second, the introduction defines the research objective and methods. It explains the novelty of approaching waste from the perspective of insurance law and indicates the use of dogmatic-legal, functional, and comparative methods. The analysis is grounded primarily in EU law, while also drawing on selected solutions developed in Member States and in the United States. Third, the introduction outlines the structure of the monograph and formulates its detailed research questions. These concern, in particular, the classification of waste risks, the legal principles supporting the use of insurance in waste management, the role of financial security, the legal nature of insurance guarantees, and the adequacy of existing insurance instruments for addressing environmental risks associated with waste management.