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The Greening of Industrial Ecosystems
products that fall to meet a minimum requirement for reused and recycled content. Law can also assist in ensuring that a sufficient supply of reusable and recyclable wastes is available to support a market for waste through mechanisms such as the deposit system in Sweden for aluminum cans.
Recycling and reuse requirements are now attracting increased international attention since the enactment of a Danish law imposing glass reuse requirements on the foreign and domestic companies selling certain products in bottles in Denmark. Unlike deposit schemes familiar in the United States as a way to encourage recycling, the Danish system is a reuse (i.e., collect, clean, refill) requirement. In the aftermath of the "Danish Bottles Bill," Germany adopted laws requiring the recycling and reuse of product packaging materials and automobile components. In response to the German legislation, the European Community is now considering similar laws requiring reuse and recycling in packaging. Similarly Ontario's environmental levy on nonreuseable bottles also provides a market incentive for reuse.
Although much of environmental law at both the national and the international level focuses on imposing penalties against rogue actors, the traditional "penalty-oriented" approach in international environmental law has to be augmented with environmental laws that provide incentives for cleaner production and consumption practices. For example, while much of the Montreal Protocol focuses on penalties to discourage free riders and to encourage nations to join the Protocol, many of the Protocol's most powerful provisions provide incentives, including financing for the transfer of environmentally sound technologies, to encourage states both to join the Protocol and to abide by its goals. A similar approach, whereby the international community provides incentives to countries, and companies, that prevent pollution, use resources efficiently, and recycle or reuse their products might accelerate the adoption of such practices faster than penalty-oriented international legal frameworks.
The requirement to provide technology transfer to developing countries, in the context of international environmental agreements, is emerging as a new norm of international environmental law. The Montreal Protocol, which provides mechanisms for increasing developing countries' access to technologies that reduce emissions of ozone-depleting chemicals, is a primary example of this trend in international environmental law. Similarly, all agreements coming out of the 1992 United Nations Conference on the Environment and Development contain some provision for increased access to environmentally sound technologies.16
Technology transfer has the potential to become one of the most important