This concluding chapter synthesises the findings of the monograph by answering the research questions set out in the introduction. It confirms that insurance, from a legal perspective, may support rational and ecological waste management, although its role depends on the type of waste, the method of waste management, and the nature of the associated environmental risk. The analysis demonstrates that waste risks are heterogeneous and that not all of them qualify as insurable risks; this is particularly relevant in distinguishing between liability, property, and personal risks, as well as between pure and speculative risks. The chapter further answers the question of which legal principles support the use of insurance in waste management, identifying in particular the principles of prevention, precaution, waste holder pays, and extended producer responsibility. It also addresses the problem of financial security, concluding that insurance law institutions may serve this function, but that insurance guarantees are often better suited than insurance contracts to the requirements of environmental law and administrative practice. Finally, the chapter assesses the adequacy of available insurance solutions, concluding that liability insurance is generally insufficient, whereas insurance guarantees and first-party environmental cost insurance provide more appropriate instruments for addressing waste-related environmental risks.

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Conclusion

  • Dorota Maśniak

摘要

This concluding chapter synthesises the findings of the monograph by answering the research questions set out in the introduction. It confirms that insurance, from a legal perspective, may support rational and ecological waste management, although its role depends on the type of waste, the method of waste management, and the nature of the associated environmental risk. The analysis demonstrates that waste risks are heterogeneous and that not all of them qualify as insurable risks; this is particularly relevant in distinguishing between liability, property, and personal risks, as well as between pure and speculative risks. The chapter further answers the question of which legal principles support the use of insurance in waste management, identifying in particular the principles of prevention, precaution, waste holder pays, and extended producer responsibility. It also addresses the problem of financial security, concluding that insurance law institutions may serve this function, but that insurance guarantees are often better suited than insurance contracts to the requirements of environmental law and administrative practice. Finally, the chapter assesses the adequacy of available insurance solutions, concluding that liability insurance is generally insufficient, whereas insurance guarantees and first-party environmental cost insurance provide more appropriate instruments for addressing waste-related environmental risks.