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Our Groundbreaking Constitutional Court Verdict: Paris Agreement, Unambitious Climate Protection, Precautionary Principle, and Human Rights

Missing German and EU climate targets is not embarrassing - it is contrary to international and human rights. Even the unambitious targets themselves are illegal; all the more so their misconduct. More on this in our new legal opinion on the Paris Agreement here. In April 2021, we won a groundbreaking lawsuit at the German Constitutional Court. See on this here and here.

Economic Instruments for Phosphorus Governance - Climate and Biodiv Targets

The existing legal framework on P is strongly characterized by detailed command-and-control provisions and thus suffers from governance problems such as enforcement deficits, rebound and shifting effects. Our new paper focuses on how these challenges could be addressed by economic instruments. The article highlights not only the impact of the instruments on P management, but also on adjacent environmental areas. We pay particular attention to the governance effects on reaching international binding climate and biodiv goals: here.

Land Use, Livestock, Quantity Governance, and Economic Instruments

The production of animal food products is (besides fossil fuels) one of the most important noxae with regard to many of the environmental problems, such as climate change, biodiversity loss or globally disrupted nutrient cycles. This paper provides a qualitative governance analysis of which regulatory options there are to align livestock farming with the legally binding environmental objectives, in particular the Paris Agreement and the Convention on Biological Diversity: here.

Peatland Governance: New Perspectives on Regulatory Law and Economic Instruments

Paris targets imply that not only emissions from degraded peatlands have to be avoided, but conservation and rewetting of peatlands are also necessary to figure as sinks to compensate for unavoidable residual emissions. In the absence of an easily comprehensible control variable (such as fossil fuels), economic instruments reach their limits. This is remarkable in so far as economic instruments can otherwise handle governance problems and react to various behavioral motivational factors very well. Still, peatlands can be subject to certain regulations and prohibitions under command-and-control law even without precise knowledge of the emissions from peatland use: here.

Sustainability: Transformation, Governance, Ethics, Law - First Volume in our new Springer Nature Book Series on Environmental Humanities

From spring 2019 Felix Ekardt is the editor of Springer Nature's new book series "Environmental Humanities: Transformation, Governance, Ethics, Law". It is open to the entire social sciences, i.e. economics, philosophy, sociology, political science, ethnology, etc. Volume 1 "Sustainability: Transformation, Governance, Ethics, Law" by Felix Ekardt has been published now and provides an overview of the work of the FNK with completely new perspectives in sustainability research - and can be read with Springer Link: here.

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Growth, Degrowth, Economics, Cost-Benefit Analysis, Frugality

For its analysis of governance structures and instruments, the Research Unit is strongly aware of findings in economic. Demanding quantity governance instruments on a broad substantial and geographical scale to solve problems of sustainability in energy/ climate, resources, land use and many more is a result of a discourse with economic ideas, despite the many differences. These and the following points are analysed in detail in Sustainability: Transformation, Governance, Ethics, Law by Felix Ekardt, published with Springer Nature.

In many publications and projects, the debate on degrowth plays a crucial role. The Research Unit takes neither the position of economic mainstream which maintains that growth is easily compatible with sustainability and without limits possible in a finite world. Nor is it against economic growth per se on grounds of it necessarily being socially unjust and fostering unhappiness. Defenders of the latter position reject technical (and growth compatible!) solutions in environmental politics too easily. However, thinking long-term shows that improved technologies, like renewable resources and more resource efficiency will – probably – not (alone!) suffice to establish a global and durable sustainable livelihood. If however effective environmental protection implies behavior change (sufficiency) and thus a non- or degrowth economy, it is necessary to develop (1) a “final” scenario and (2) a roadmap for the difficult transition. Because so far, modern societies heavily depend on growth regarding employment, state budget, banking system and in enterprises (maybe even for financing of technical innovation). These questions are currently wantonly neglected.

For a long time, the critique of central background assumptions of environmental economics and approaches of environmental sociology and political science has been on the agenda of the Research Unit. Climate change serves as an example. We aim at showing that cost-benefit analysis, which economists use to ‘calculate’ the optimum climate policy (as they do it in other policy areas), are structurally insufficient. Hence, they are often unable to fulfil their promises regarding scientific insights. Climate economics gives the impression of being rational. Yet, it cannot meet this demand because it inserts inaccurate or substantially incomplete normative and descriptive assumptions into their efficiency calculations, among others:

Despite all criticism, it remains the importance of complementary use of economic fact findings in order to help legal-political decision making. Felix Ekardt has finalized his second dissertation in philosophy on criticism of economic evaluation as a method in 2018; an English version will be available with Springer Nature in early 2020.

Further files in English for download: