- published: 05 Mar 2016
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Waste is a term used in the law of real property to describe a cause of action that can be brought in court to address a change in condition of real property brought about by a current tenant that damages or destroys the value of that property. A lawsuit for waste can be brought against a life tenant or lessee of a leasehold estate, either by a current landlord or by the owner of a vested future interest. The holder of an executory interest, however, has no standing to enforce an action for waste, since his future interest is not vested.
There are several different kinds of waste under the law.
Voluntary waste, (sometimes called affirmative waste) is any structural change made to the estate that intentionally or negligently causes harm to the estate or depletes its resources, unless this depletion is a continuation of a pre-existing use. Some jurisdictions follow what is called the open mines doctrine, which permits continued excavation from any mine on the property that is already open, but prohibits the opening of new mines. However, the majority of jurisdictions now follow a doctrine that allows any activity necessary to continue the exploitation of a particular resource, if the land has already been used for that purpose.
Waste (also known as rubbish, trash, refuse, garbage, junk, and litter) is unwanted or useless materials.
Waste is linked to people development. Litter refers to waste disposed of improperly.
"Wastes are materials that are not prime products (that is products produced for the market) for which the generator has no further use in terms of his/her own purposes of production, transformation or consumption, and of which he/she wants to dispose. Wastes may be generated during the extraction of raw materials, the processing of raw materials into intermediate and final products, the consumption of final products, and other human activities. Residuals recycled or reused at the place of generation are excluded."
Under the Waste Framework Directive (European Directive 75/442/EC as amended), the European Union defines waste as an object the holder discards, intends to discard or is required to discard.
There are many waste types defined by modern systems of waste management, notably including:
There are many issues that surround reporting waste. It is most commonly measured by size or weight, and there is a stark difference between the two. For example, organic waste is much heavier when it is wet, and plastic or glass bottles can have different weights but be the same size. On a global scale it is difficult to report waste because countries have different definitions of waste and what falls into waste categories, as well as different ways of reporting. Based on incomplete reports from its parties, the Basel Convention estimated 338 million tonnes of waste was generated in 2001. For the same year, OECD estimated 4 billion tonnes from its member countries. Despite these inconsistencies, waste reporting is still useful on a small and large scale to determine key causes and locations, and to find ways of preventing, minimizing, recovering, treating, and disposing waste.
The Law is a system of rules and guidelines which are enforced through social institutions to govern behavior. Laws are made by governments, specifically by their legislatures. The formation of laws themselves may be influenced by a constitution (written or unwritten) and the rights encoded therein. The law shapes politics, economics and society in countless ways and serves as a social mediator of relations between people.
A general distinction can be made between civil law jurisdictions (including Canon and Socialist law), in which the legislature or other central body codifies and consolidates their laws and common law systems (including Sharia), where judge-made binding precedents are accepted. In some countries, religion may inform the law; for example, in jurisdictions that practice Islamic law, Jewish law or Canon law.
The adjudication of the law is generally divided into two main areas. Criminal law deals with conduct that is designated dishonest by the government and in which the guilty party may be imprisioned or fined. Civil law (not to be confused with civil law jurisdictions above) deals with disputes between individuals or organizations, in which compensation may be awarded to the wronged litigant.