Ruling Second-hand Clothes Trade
An Analysis of International Environmental Law
DOI:
https://doi.org/10.19184/ejlh.v12i2.42643Abstract
The second-hand clothing trade has emerged as a significant global industry, with the export and import of used clothing playing a vital role in the worldwide economy. However, the environmental impact of this trade has become a significant concern, particularly in developing countries that receive large quantities of used clothing. Reusing used clothing can be motivated by various considerations, such as charity, economic issues, reducing emissions and water use, and as benefits for prisoners during wartime. However, it is still unclear how much it can improve the sustainability of the apparel sector. According to the U.S. Environmental Protection Agency's most recent estimates, Americans dumped more than 21 billion pounds of clothing and other textiles into landfills in 2015. This amount is a significant increase from 12.5 billion pounds in 2000 and 4.6 billion pounds in 1980. Yet the proliferation of the inexpensive, disposable clothing known as "fast fashion" is one of the many environmental issues the apparel sector faces, along with water pollution and greenhouse gas emissions. Through normative library research using secondary data, this article examines the current international regulatory frameworks on the second-hand clothing trade and its environmental impacts. The finding highlights the importance of engaging stakeholders, including governments, NGOs, and the private sector, in developing more effective regulations and practices to regulate the environmental impact of the second-hand clothing trade. This article recommends more significant attention to the environmental effects of the second-hand clothing trade and for international regulations to be developed to promote more sustainable and responsible practices in this industry.
Keywords: International Law, Enviromental Law, Thrifting Policy.
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References
ICRC, Commentary on the Third Geneva Convention, 2020.
ASEAN, ASEAN Capacity Building Roadmap for Consumer Protection 2020–2025 (Jakarta: ASEAN Secretariat, 2020).
———, Handbook on ASEAN Consumer Protection Laws and Regulations (Jakarta: ASEAN Secretariat, 2018).
Ash, Juliet, Dress Behind Bars: Prison Clothing as Criminality (London: I. B. Tauris, 2010).
Henckaerts, Jean-Marie et al, Customary International Humanitarian Law (New York: Cambridge University Press, 2005).
Megaonkar, Revati, Business Law and Its Effects on Commercial Transactions and Licensing (Pleaders, 2021).
Sally, Baden & Catherine Barber, The Impact Of The Second-Hand Clothing Trade On Developing Countries (Oxfam GB, 2005).
Thompson, Antoio S, Axis Prisoners of War in Tennessee: Coerced Labor and the Captive Enemy on the Home Front (North Carolina: McFarland and Company, Inc., Publishers, 2023).
United States (Department of Defense), Law of War Manual (Washington DC: U.S. Government Publishing Office (USC), 2016).
Akram, Shaik Vaseem et al, “Implementation of Digitalized Technologies for Fashion Industry 4.0: Opportunities and Challenges” (2022) 2022:1 Scietific Programming.
Behuria, Pritish, “Twenty‐first Century Industrial Policy in a Small Developing Country: The Challenges of Reviving Manufacturing in Rwanda” (2019) 50:4 Development and Change.
Bick, Rachel, Erika Halsey & Christine C Ekenga, “The global environmental injustice of fast fashion” (2018) 17:1 Environmental Health.
Cuc, Sunhilde & Simona Tripa, “Fast Fashion and Second Hand Clothes between Ecological Concerns and Global Business” (2014) 15:1 Annals of the University of Oradea.
Gazzola, Patrizia et al, “Trends in the Fashion Industry. The Perception of Sustainability and Circular Economy: A Gender/Generation Quantitative Approach” (2020) 12:7 Sustainability.
Hedge, Sunil et al, “The Impact of Thrift Stores” (2023) 9:11 IJIRT.
Herjanto, Halimin, Jean Scheller-Sampson & Elisabeth Erickson, “The Increasing Phenomenon of Second-hand Clothes Purchase: Insights from the Literature” (2016) 18:1 Jurnal Manajemen dan Kewirausahaan.
Islam, Monirul, “The Basel Convention on he Control of Transboundary Movements of Hazardous Wastes and Their Disposal: Critical Analysis” (2020) 1:2 IJMRGE.
Johnson, Emma & Andrius Plepys, “Product-Service Systems and Sustainability: Analysing the Environmental Impacts of Rental Clothing” (2021) 13:4 Sustainability.
Kay, Rachen Chan Suet, “"Selam Bundle”: thrift shopping as Malaysian social class integration platform” (2020) 47:3 Journal of History, Politics & Strategic Studies.
Lallas, Peter L, “The Stockholm Convention on Persistent Organic Pollutants” (2001) 95:3 American Journal of International Law.
Latino, Agostina, “The Right to Dress in International Law as a Right in Itself and as a Parameter on the Ridge between Freedom of Expression and Prohibition of Discrimination” (2023) 9:2 Asian Journal of Law.
Lee, Sae Eun, Hye Jung Jung & Kyu-Hye Lee, “Motivating Collaborative Consumption in Fashion: Consumer Benefits, Perceived Risks, Service Trust, and Usage Intention of Online Fashion Rental Services” (2021) 13:4 Sustainability.
Lin, Chun-Wei Remen et al, “Multi-Objective Production Programming to Systematic Sorting and Remanufacturing in Second-Hand Clothing Recycling Industry” (2020) 12:7 Symmetry.
Marcus, Ezra, “How Malaysia Got in on the Secondhand Clothing Boom”, The New York Times (2022), online: <https://www.nytimes.com/2022/02/03/style/malaysia-secondhand-clothing-grailed-etsy-ebay.html>.
Mason, John Brown, “German Prisoners of War in the United States” (1945) 39:2 American Journal of International Law.
Michalak, Szymon et al, “Motives for the Usage of Collaborative Fashion Consumption Online Platforms” (2022) 44:2 Marketing of Scientific and Research ORganizations.
Moon, Dami, “Promoting sustainable practices: Exploring secondhand clothing consumption patterns and reductions in greenhouse gas emissions in Japan” (2024) 45 Sustainable Production and Consumption.
Negash, Yeneneh Tamirat & Taufik Akhbar, “Building consumer trust in secondhand fashion: A signaling theory perspective on how consumer orientation and environmental awareness shape engagement” (2024) 14 Cleaner and Responsible Consumption.
Niinimäki, Kirsi et al, “The Environmental Price of Fast Fashion” (2020) 1:4 Nature Reviews Earth & Environment.
Park, Hyejune et al, “Thrift shopping for clothes: To treat self or others?” (2019) 11:3 Journnal of Global Fashion Marketing.
Persson, Ola & Jennifer B Hilton, “Second-hand clothing markets and a just circular economy? Exploring the role of business forms and profit” (2023) 390 Journal of Cleaner Production.
Shamsuzzaman, Md et al, “Fashion and textile waste management in the circular economy: A systematic review” (2025) 11 Cleaner Waste Systems.
Srividya, Nadindla, Rizwana Atiq & Naga Sreedhar Volety, “Qualitative research on responsible consumption concerning apparel” (2024) 12 Cleaner and Responsible Consumption.
Theune, Claudia, “Clothes as Expression of Action in Former Concentration Camps” (2018) 22:3 International Journal of Historical Archaelogy.
Thorisdottir, Thorey S et al, “Social, environmental, and economic value in sustainable fashion business models” (2024) 442 Journal of Cleaner Production.
Tranberg, Karen, “Other People’s Clothes? The International Second-hand Clothing Trade and Dress Practices in Zambia” (2000) 4:3 Fashion Theory.
United Nations, “Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal” in United Nations Treaty Series (1989).
Agatha, Theresia, “Regarding Thrifting In The Indonesian Market, Here’s The Response Of Local Designers” (2023), online: VOI <https://voi.id/en/economy/265835>.
Brady, Shannon & Sheng Lu, “Why is the used clothing trade such a hot-button issue?” (2018), online: <https://shenglufashion.com/wp-content/uploads/2018/10/why-is-the-used-clothing-trade-such-a-hot-button-issue_-_-apparel-industry-analysis-_-just-style.pdf>.
Cote, Jillian, “Thrifting through the ages: How we’ve strayed from central values” (2021), online: The State Press <https://www.statepress.com/article/2021/03/specho-thrifting-secondhand-clothing-through-the-ages>.
FMI, “Secondhand Apparel Market Size, Trends & Forecast 2025 to 2035” (2025), online: Future Market Insights inc <https://www.futuremarketinsights.com/reports/secondhand-apparel-market>.
Hirschlag, Allison & Andrea Thompson, “Can Secondhand Shopping Dent Fast Fashion’s Environmental Damage?” (2019), online: Scientific American <https://www.scientificamerican.com/article/can-secondhand-shopping-dent-fast-fashions-environmental-damage/>.
International Committee of the Red Cross (ICRC), “Commentary of 2020 to Article 27 of the Third Geneva Convention (Convention (III) Relative to the Treatment of Prisoners of War, Geneva, 12 August 1949)”, online: <https://ihl-databases.icrc.org/en/ihl-treaties/gciii-1949/article-27/commentary/2020?activeTab=1949GCs-APs-and-commentaries#2>.
International Labour Organization Sectoral Activities Department, Wages and Working Hours in the Textiles, Clothing, Leather and Footwear Industries, by International Labour Organization Sectoral Activities Department, GDFTCLI/2014 (Geneva: ILO, 2014).
Investor Daily, “Thrifting Kills Textile Industry as Used Clothing Import Jumps 518.5 pct” (2023), online: Jakarta Globe <https://jakartaglobe.id/business/thrifting-kills-textile-industry-as-used-clothing-import-jumps-5185-pct>.
Kellock, Jo, “Recycling and Upcycling in the Apparel Industry” (2014), online: Fibre2fashion <https://www.fibre2fashion.com/industry-article/7279/recycling-and-upcycling-in-the-apparel-industry>.
OEC, “Used Clothing”, online: The Observatory of Economic Complexity <https://oec.world/en/profile/hs/used-clothing>.
Office of the United Nations High Commissioner for Human Rights (OHCHR), Treatment of the Prisoners of War and Persons Hors de Combat in the Context of the Armed Attack by the Russian Federation against Ukraine, by Office of the United Nations High Commissioner for Human Rights (OHCHR) (2023).
R, Kuntum Khaira & Fadhli Ruhman, “Indonesia rejects imports of thrift clothes to protect MSMEs” (2023), online: Antara News <https://en.antaranews.com/news/275418/indonesia-rejects-imports-of-thrift-clothes-to-protect-msmes>.
Reid, DLA Piper-Michael E et al, “Intellectual Property Rights in Fashion: Fashion forward: Part 1” (2023), online: Lexology <https://www.lexology.com/library/detail.aspx?g=8590260f-75b2-48ac-b2f1-14701101ba58>.
Thirumalni, A, “Bundle shops draw bargain seekers” (2022), online: The Star <https://www.thestar.com.my/metro/metro-news/2022/08/04/bundle-shops-draw-bargain-seekers>.
ThredUp, ThredUp Resale Report 2025, by ThredUp (2025).
United Nations, International Covenant on Economic, Social and Cultural Rights (1966).
United Nations General Assembly, Universal Declaration of Human Rights (1948), online: <https://www.un.org/en/about-us/universal-declaration-of-human-rights>.
Waxman, Olivia B, “People Have Been Reusing Clothes Forever But Thrift Shops Are Relatively New. Here’s Why” (2018), online: Time <https://time.com/5364170/thrift-store-history/>.
World Trade Organization (WTO), “WTO rules and environmental policies: key GATT disciplines”.
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