Of food waste, food chain and circular economy. A comparative study of the ethico-environmental implications of food waste and its implementation in the Spanish legal system
ISSN
1862-2720
Date Issued
2026-10-06
Author(s)
Abstract
The present analysis addresses the structural contradiction of contemporary societies: the persistence of food waste in a context of overproduction and chronic hunger. A rigorous exercise in comparative law is undertaken to examine how the right to food is intertwined with environmental protection, taking ‘ecological constitutionalism’ and the jurisprudence of international courts as a reference. The study proposes a transition towards models of bioeconomy and circular economy, where surpluses are reconfigured as strategic resources instead of waste. To this end, the application of key ecological principles to the entire food chain is evaluated, internalising the environmental costs of inefficiency under the logic of ‘the polluter pays’. Within this framework, Law 1/2025 is examined as the major milestone of the Spanish legal system, highlighting its capacity to elevate this problem to the rank of positive law and establish binding obligations. The analysis culminates in the defence of a hierarchy of priorities that prioritises social justice and redistribution for human consumption over any other form of management. Ultimately, the work demonstrates that combating waste requires transforming ethical responsibility into legal mandates that guarantee intergenerational sustainability.