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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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Publications of Felix Ekardt and the Research Unit Sustainability and Climate Policy

This is a list of some international English publications of Felix Ekardt and the Research Unit Sustainability and Climate Policy. A complete list of all publications can be found on the German page

  1. Sustainability: Transformation, Governance, Ethics, Law, Springer, 324 p., Dordrecht 2019
  2. Economic Evaluation – Cost-Benefit Analysis – Economic Ethics: A Critique with Regard to Climate Economics - about Figures in the Sustainability Discourse, Springer, 200 p., Dordrecht 2021 (in print)
  3. Constitutional Court: Climate Revolution with Weaknesses, Verfassungsblog/On Matters Constitutional, 8/5/2021
  4. Phosphorus Governance: Economic Instruments
  5. Digitalization and AI in European Agriculture: A Strategy for Achieving Climate and Biodiversity Targets?, Sustainability 2021, 4652 (with Beatrice Garske and Antonia Bau)
  6. Free Trade, Environment, Agriculture, and Plurilateral Treaties: The Ambivalent Example of Mercosur, CETA and the EU-Vietnam Free Trade Agreement, Sustainability 2021, 3153 (with Katharine Heyl, Paula Roos, Jessica Stubenrauch and Beatrice Garske)
  7. Economic Policy Instruments for Sustainable Phosphorus Management – Taking into Account Climate and Biodiversity Targets, Environmental Sciences Europe 2021 (in print) (with Beatrice Garske)
  8. The Grounds of Frugality: Policy Instruments, Limits to Technology and Growth, and the Difficult Role of Good Life, in: Habicher, Daria u.a.: Wachstum, Dordrecht 2021, i.E. (zusammen mit Jutta Wieding)
  9. Human Rights and Precautionary Principle: Limits to Geoengineering, SRM, and IPCC Scenarios, Sustainability 2020, p. 8858 (with Jutta Wieding and Jessica Stubenrauch)
  10. Land Use, Livestock, Quantity Governance, and Economic Instruments, Sustainability 2020, p. 2053 (with Antonia Weishaupt, Beatrice Garske, Jutta Wieding und Jessica Stubenrauch)
  11. Peatland Governance: The Problem of Depicting in Sustainability Governance, Regulatory Law, and Economic Instruments, Land 2020, p. 83 (with Benedikt Jacobs, Jessica Stubenrauch and Beatrice Garske)
  12. Challenges of Food Waste Governance, Land 2020, p. 231 (with Beatrice Garske, Katharine Heyl, Lea Moana Weber and Wiktoria Gradzka)
  13. Sustainable phosphorus management in European agricultural and environmental law, RECIEL 2020 (with Beatrice Garske und Jessica Stubenrauch)
  14. The Common Agricultural Policy beyond 2020: A critical review in light of global environmental goals RECIEL 2020 (with Katharine Heyl, Tobias Döring, Beatrice Garske and Jessica Stubenrauch)
  15. Plastic Pollution in Soils: Governance Approaches to Foster Soil Health and Closed Nutrient Cycles, Environments 2020, 38 ff. (with Jessica Stubenrauch)
  16. Phosphorus: Sustainable Management, in: Wiley Encyclopedia, 2019 (with Maximilian Berthold et al.)
  17. Paris Agreement, Precautionary Principle and Human Rights: Zero Emissions in Two Decades?, Sustainability 2018, p. 2812 (with Jutta Wieding and Anika Zorn)
  18. Agriculture-related climate policies – law and governance issues on European and global level, Carbon and Climate Law Review 2018, p. 316 (with Jutta Wieding, Beatrice Garske and Jessica Stubenrauch)
  19. Sustainable Land Use, Soil Protection and Phosphorus Management from a Cross-National Perspective, Sustainability 2018, Special Issue, p. 1988 (with Jessica Stubenrauch and Beatrice Garske)
  20. EU ETS Reform and a Revised Concept of Economic Instruments, in: Angrick, Michael et al. (eds.): 12 Years of European Emissions Trading in Germany, Marburg 2018, p. 249
  21. EU Competition Law, Renewable Energies and the Tendering Model: Quantity Control Versus Price Control in Climate Politics, in: Mathis, Klaus (ed.): Competition Law and Economics, Dordrecht 2019, in print (with Jutta Wieding)
  22. The German Energy Transition, Ecoscienza 2018, in print
  23. The temperature target of the Paris Agreement and the forgotten aspects of a meaningful energy transition, in: Mathis, Klaus (ed.): Energy Law and Economics, Dordrecht 2018, p. 77 (with Jutta Wieding)
  24. Handling the Phosphorus Paradox, Ambio 2018 (with Peter Leinweber, Caroline Douhaire et al.)
  25. Sociotechnical Environments: New Challenges for STS, Tecnoscienza 2017, p. 103
  26. Human Rights, the Right to Food, Legal Philosophy, and General Principles of International Law, ARSP 2017, p. 221 (with Anna Hyla)
  27. Defending Environmental Economic Instruments against the Economists and their Opponents, in: Mathis, Klaus (ed.), Environmental Law and Economics, Dordrecht 2017, p. 83 (with Jutta Wieding)
  28. Nudging and Environmental Law: Perspectives and Examples, in: Mathis, Klaus/ Tor, Avishalom (ed.): Nudging, Berlin 2016, p. 247 (with Jutta Wieding)
  29. Natural Capital Accounting and the Mobilization of Financial Resources for Biodiversity, Working Paper, 2016
  30. Legal Instruments for Phosphorus Supply Security – Integrated Solutions for Various Environmental Problems, JEEPL 2016, p. 341 (with Beatrice Garske, Jessica Stubenrauch and Jutta Wieding)
  31. Growth: A Hard Habit to Break, Global Compact International Yearbook 2016, p. 25
  32. Climate Justice 2015 (Paper for COP 21/ FoE Germany, 20 p., Berlin 2015 (with Jutta Wieding and Marianne Henkel)
  33. The Legality of the Export of Radioactive Waste of AVR Jülich to the USA, 2015 (with Raphael Weyland)
  34. Sustainability, Justice, and Climate Change, in: German, Kinga (ed.): Sustainability Identities. 56th Biennale di Venezia, Budapest 2015, p. 74
  35. Sustainability and Phosphorus Scarcity, in: Schnug, Ewald/ de Kok, Luit (eds.): Phosphorus 100 % Zero, 2015, p. 317
  36. Phosphorus Governance, in: Schnug, Ewald/ de Kok, Luit (eds.): Phosphorus 100 % Zero, 2015, p. 331 (with Beatrice Garske, Jessica Stubenrauch and Jutta Wieding)
  37. Transdisciplinary humanistic sustainability theory: justice, governance, blocks, in: Enders, Judith/ Remig, Moritz (ed.): Theories of Sustainable Development, London 2014, p. 65
  38. Climate Change, Justice, and Sustainability: The Right to Freedom, Protection Rights, and Balancing, ARSP 2014, p. 187
  39. Examples on National Climate Policy: Germany, in: Hollo, Erkki (Hg.): Climate Change and the Law. A Global Perspective (Handbook), Berlin 2013, p. 523
  40. Climate Change, Sustainability, and Justice, in: Hollo, Erkki (ed.): Climate Change and the Law. A Global Perspective (Handbook), Berlin 2013, p. 63
  41. Toward A New Approach to Discourse Theory of Law and Justice, ARSP 2012, p. 377
  42. The Clean Development as a Governance Issue, Carbon & Climate Law Review 2012, p. 396 (with Anne-Katrin Exner)
  43. International Resource Politics, Heinrich-Böll-Stiftung, 2012 (with Wuppertal Institute and Heidi Feldt)
  44. Intergenerational Justice and Human Rights, in: Markus, Jean-Paul (ed.): Intergenerational Justice, Paris 2012, p. 101
  45. Extended emissions trading versus sustainability criteria: Managing the ecological and social ambivalences of bioenergy, RELP 2012, p. 49 (with Hartwig von Bredow)
  46. Phosphorus, Governance and the Law, in: Yabar Sterling, Ana et al. (eds.): Market Instruments and Sustainable Economy, Madrid 2012, p. 467 (with Nadine Holzapfel and Andrea Ulrich)
  47. Sustainability, Land-use, and Soil Protection - A Legal Perspective, Agriculture & Forestry Research 2011, p. 83 (with Nadine Holzapfel, Andrea Ulrich, Ewald Schnug and Silvia Haneklaus)
  48. Managing the Ecological and Social Ambivalences of Bioenergy - Sustainability Criteria versus Extended Carbon Markets, in: Leal, Walter (ed.), The Economic, Social, and Political Aspects of Climate Change, Berlin 2011, p. 455 (with Hartwig von Bredow)
  49. Legal Perspectives of sustainable P use in agriculture, EcoRegion Perspectives November 2011, p. 29 (with Nadine Holzapfel und Andrea Ulrich)
  50. Land use, climate change and emissions trading. European and international legal aspects of the post-Kyoto process, CCLR 2011, p. 371 (with Bettina Hennig und Hartwig von Bredow) = Verschuuren, Jonathan (ed.), Environmental Law and Climate Change, Cheltenham 2015
  51. Climate Change and Social Distributive Justice, in: Pan Jiahua (Hg.): Climate Policy after Copenhagen, Beijing 2011, p. 83 (English/ Chinese)
  52. A Critical Review of “Efficiency Ethics”. The Case of Climate Economics, in: Mathis, Klaus (ed.): Efficiency, Sustainability, and Justice to Future Generations, Berlin 2011, p. 181
  53. Of Unity in Diversity and Inherent Tensions: Interpreting the European Union’s New Architecture of Fundamental Rights, Columbia Journal of European Law 2010 (with Daniel Kornack)
  54. Economics, Ethics, and the Limits to Efficiency Theory: A Critical Review of “rational” Efficiency Ethics and Business Ethics – Shortcomings by Economic Theory, Stern, Nordhaus, and IPCC, Journal of International Business Ethics 2/ 2010, 29 (with Martin Wilke)
  55. Absolute Quantity Reductions as a Legal Problem, JEEPL 2010, p. 267 (with Nadine Holzapfel und Andrea Ulrich)
  56. The Added Value of the Environment: Ethical Aspects of Climate Change, Journal of International Business Ethics 2009, Vol. 1, p. 46
  57. Issues of Non-Sustainability in Fertiliser Legislation, LBF 2009
  58. Distributive Justice, Competitiveness, and Transnational Climate Protection: ‘One Human – One Emission Right’, Carbon & Climate Law Review 2009, p. 102 (with Antonia von Hövel)
  59. Climate Protection, Justice, and CDM. A Review of the Copenhagen Protocol Draft, Carbon & Climate Law Review 2009, p. 261 (with Anne-Katrin Exner and Sibylle Albrecht)
  60. Border Adjustments, WTO Law, and Climate Protection, Critical Issues in Environmental Taxation 2009, p. 737 (with Andrea Schmeichel)
  61. Legal Aspects of Uranium in environmental Compartments, in: De Kok, Luit/Schnug, Ewald (eds.): Loads and Fate of fertiliser derived Uranium, Groningen 2008, p. 209 (with Ewald Schnug)
  62. Sustainability and a New Concept of Liberty, in: Bugge, Hans Christian/Voigt, Christina (eds.): Sustainable Development in International and National Law, Groningen 2008, p. 67