Abstract
Despite an apparent consensus among stakeholders (scientists, the business world, political objectives, NGOs and civil society) as to the relevance, even the necessity, of transforming the socio-economic system towards a circular and sustainable model, the circular economy remains confined to a niche market and isolated initiatives. Can this be explained by the legal and institutional context ? Does our legal framework represent a barrier to change? How could the law encourage a more ambitious transformation of the socio-economic system, in line with what is at stake, at a time when the multiple environmental 'crises' are becoming blatantly obvious and the security of supply of essential resources is becoming increasingly uncertain?
In the first part of the thesis, we define a sustainable circular economy as a system that meets the following two complementary objectives: 1) its impact is within planetary limits and 2) material and energy flows are optimized, or in other words, their wastage is minimized. In the second part, based on this definition and applying prospective legistics analysis, we propose a systemic and forward-looking analysis of the contributions and limitations of the legal framework towards a sustainable circular economy in Switzerland.
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