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Stopping Biodiversity Loss, Human Rights, and International Environmental Law - our Biodiv Constitutional Lawsuit as "World Premiere"

The CBD as well as (national and transnational) human rights contain an obligation to halt biodiversity loss since 1993 at the latest, which has been continuously violated ever since. Governments can also be sued on this basis. We show this in a new international paper: here and in our biodiv lawsuit against the German (and indirectly the EU) legislator: here.

Negative Emissions: Forests, Peatlands - and Geoengineering?

Even with zero fossil fuels and greatly reduced animal husbandry, residual emissions remain that must be compensated - even if sufficiency can make this amount of emissions smaller than the IPCC assumes. This requires above all the regulation of forests and peatlands (which are also central to biodiversity protection). Here, economic instruments and regulatory law relate to each other differently than they often do. Three international articles explore this - on forests, on peatlands and on the very problematic large-scale BECCSand other kinds of geoengineering.

Paris Target, Human Rights, and our Groundbreaking Constitutional Court Verdict on Unambitious Climate Protection and Precautionary Principle

German and EU climate policy is contrary to international law and constitutional human rights. Even the unambitious targets themselves are illegal. More on this in our new legal analysis, including critical perspectives on IPCC AR6 here. In April 2021, we won a groundbreaking lawsuit at the German Constitutional Court. See on this in Nature Climate Change, in The Environment and Sustainability.

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.

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Projects and Members of the Research Unit Sustainability and Climate Policy

Fundamental Research of the Research Unit Sustainability and Climate Policy consists mainly of national and international publications in journals and books (and in extensive presentations, policy consulting and media activities). Additionally, it works on a large number of research projects for public and non-profit clients. The following list includes current projects. Then, all past and present projects of people associated with the Research Unit in are listed. Each first mentioned project indicates the main research area and for PhD students the working title of their thesis. Projects of former associates of the Research Unit are separately listed at the end. Click on a member's name to see their vita, publications, and given talks. The Final Reports of the projects are usually in German, but many of our articles in journals on these subjects are published in English.

Some Current Projects

Law and Governance of the Transition in the Heating Sector (funded by Federal Ministry of the Economy)
Embedded in a larger joint project with many partners, we are investigating the law and governance of the energy transition in the heating sector on the basis of earlier work on heating in third-party funded projects. The fact that the essential approach to the integrated solution of various environmental problems is zero fossil fuels and a significant reduction of livestock farming (plus other strategies such as zero pesticides) have been on our minds for many years. Therefore, in addition to an energy transiton with regard to electricity, mobility, agriculture and plastics, a turnaround in terms of heating is necessary. The project also includes practical concepts for municipal heating networks. Fundamental questions of Power-to-X and the relationship between the heat turnaround, Paris Agreement and the CBD are also dealt with.
Scientific Campus Phosphorus Research Rostock (sustainable land use/several projects on EU and national level)
Together with colleagues at University of Rostock, we founded the Leibniz Science Campus Phosphorus Research in 2013. Along with colleagues in the Research Unit, it works on questions of governance and justice, focusing particularly on holistic solutions for different land-use related environmental problems. Fertilization, climate change, biodiversity loss, water pollution are just a few of them. Economic policy instruments merit special attention in exploring solutions. Two long-term projects are funded by BMBF respectively by Leibniz Association. An EU project deals with carbon sequestration (SOMPACS). Multiple papers of the project have been published since 2014. Here is the homepage of the Campus.
Geoengineering, Paris Agreement and Human Rights
The Research Unit is investigating the law, ethics and governance of geoengineering (in the light of human rights, the Paris Agreement, precaution, etc.) in projects for the German government and Deutsche Bundesstiftung Umwelt. The more general question of compensation in climate protection are also analysed, e.g. regarding peatlands, bioenergy, etc., although these are far more necessary and less problematic complementary options to zero fossil fuels and less livestock farming.
Paris Agreement: more ambitious than first thought - Climate Litigation and follow-up (several projects)
Financed by SFV, we produced a study showing that the legally binding nature of art. 2 Paris Agreement requires a complete and global (!) decarbonisation before 2035. This includes all sectors, not only power which has been the main focus so far. Alleged climate pioneers such as Germany and the EU by now follow targets flagrantly weaker than this general objective. The study discussed legal issues of the Paris Agreement and compares different scientific analyses of the consequences following a “well below 2 degree” or even a 1.5 degree target for global warming might have. Parts of the study are documented in this article: here. This is also the basis of our action at Federal Constitutional Court against the insufficient role of German government and parliament (on both national and EU level) in terms of climate protection which resulted in the most ambitious climate ruling of a supreme court on a global scale. At the moment, follow-up projects (funded by SFV and by Generationen Stiftung) are ongoing.
Social energy transition
One of the crucial questions of the (national and international) energy and climate transition (“Energiewende”) regards distributional consequences of (a) climate change and (b) climate policy. We have produced various publications and conducted projects on the subject. Together with Adelphi, FÖS and Halle University, issued by UBA (Germany’s main environmental protection agency associated with the Ministry of Environment), we have been exploring small-scale politically feasible opportunities in German law to minimize distributional consequences on the back of socially deprived.
Plastics in International, European and National Environmental Law
On the basis of the zero emissions (and zero fossil fuels) suggested in Art. 2 para. 1 of the Paris Agreement, in all sectors worldwide in two decades, we investigate legal approaches to a post-fossil world of plastics. This project for the German government (similar to our agricultural projects) also aims to fill a significant gap in the current climate and environmental discourse and to advance integrated environmental problem solutions by means of post-fossil concepts, both with overarching instruments and with complementary instruments only addressing the plastic sector. The results are documented in a series of essays.
Ocean Acidification Governance and Climate Law
Funded by the Federal Ministry of Research, we contributed legal and governance input to the 3rd phase of the eight-year large-scale project BIOACID. The project targeted oceans and ocean acidification which have been long neglected environmental issues. Different publications are going online since 2018. Here is the new homepage.
City of the Day after Tomorrow
Together with a consortium of mostly urbanists, we looked at long-term trends of urban development beyond those that are currently observed. Also, we analyse how certain social processes impact urban planning. The very explorative project ended in 2018.
Land Use and Climate Change/ Nitrogen Fertilization etc.
Based on scholarships of Heinrich Böll Foundation, the German Federal Environmental Foundation (DBU) and Rosa Luxemburg Foundation, a total of three members of the Research Unit are working especially on issues of sustainable land use and its governance and legal issues.
Economic instruments and economic evaluation of nature protection
Issued by the German Bundestag (office for technology assessment), we have examined opportunities and restrictions of economic assessment (which we view skeptically) and economic instruments (which we feel have potential). The final report has been published in German with Metropolis.
Sustainable corporate law
Issued by German Bundestag (Green Party), we are searching for ways to make corporate law more sustainable, specifically for companies limited by shares. Chances and restrictions of sustainability clauses, salary regulation, transparency requirements etc. are being examined.
Human rights and international environmental law
Until 2016, we have worked on an elaborate study financed by the German Institute for Human Rights, which has added a critical analysis of the current debate in International Environmental Law. Particular focus lay on the debate around climate change and the Sustainable Development Goals. Thus, it continues our long-term work on basic and human rights and their ecological aspects.
Development of national climate protection law/ climate policy
We developed governance and policy concepts for a more effective national climate protection law. With the recent publication of the final report with Metropolis, the three-year project issued by UBA (Germany’s main environmental protection agency associated with the Federal Ministry of Environment) came to a close.
Energy sufficiency
Together with partners like Wuppertal Institute and IFEU, we worked on a three-year project by the Ministry of Research on energy sufficiency.
Legal opinions on energy transition
Five legal opinions for SFV have been submitted by us. They show (once again) how energy transition has so far been not sufficiently executed and that there are many structural errors, e.g. in the review of the German Renewable Energy law in 2014. And in a lacking phase-out of lignite (brown coal).
Regional climate protection: Chances and restrictions
This project by the Saxony Landtag (Green Party) on basic issues and practical examples was finished in 2014.

All Members/Projects

Prof. Dr. Dr. Felix Ekardt, LL.M., M.A. (Director)
  • Biodiversity litigation at the German Constitutional Court (funded by BUND e.V., with Franziska Heß)
  • Climate litigation 2.0 on unambitious climate policy at the German Constitutional Court (funded by Solarenergie-Förderverein Deutschland e.V. and BUND e.V., with Franziska Heß)
  • Climate Litigation in Germany and globally (funded by Federal Environmental Ministry, with Franziska Heß)
  • Law and Governance of the Energy Transition in Housing (funded by Federal Ministry of the Economy)
  • Economic instruments on land use, phosphorus, biodiversity, and climate change (funded by Science Campus on Phosphorus Research of Rostock University/ federal Ministry for Education and Research)
  • Soil Management and Carbon Sequestration (funded by the EU)
  • Climate Litigation before the Higher Adminstrative Court of Berlin-Brandenburg against the Federal German Government (litigation funded by BUND e.V., with Franziska Heß)
  • Phosphorus and Water Law (funded by Science Campus on Phosphorus Research of Rostock University/ federal Ministry for Education and Research)
  • Phosphorus and Distributive Justice (funded by Science Campus on Phosphorus Research of Rostock University/ federal Ministry for Education and Research)
  • Planning Law and Quantity Governance (funded by the Bavarian Parliament/ Greens)
  • Governance and Law of Bio-Economy (funded by NABU e.V., with Franziska Heß)
  • Climate litigation on unambitious climate policy at the German Constitutional Court (funded by Solarenergie-Förderverein Deutschland e.V., with Franziska Heß)
  • Consequences of the Constitutional Court's Ruling (funded by Solarenergie-Förderverein Deutschland e.V., with Franziska Heß)
  • Election Programmes and 1.5 Degrees Limit (funded by Generationen Stiftung)
  • Geoengineering, Paris Agreement, and Human Rights (funded by Federal Environmental Ministry)
  • Micro Plastics and Environmental Law (funded by the German Parliament/ Greens)
  • Funding of Nature Conservation and Constitutional Law (funded by the German Parliament/ Greens)
  • Plastics in International, European, and German Environmental law (funded by Federal Environmental Ministry)
  • Fridays-for-Future Movement, School Attendance, and Human Rights (funded by Solarenergie-Förderverein Deutschland e.V.)
  • Development of Material on Climate Change and Humanities for School Teaching (funded by Federal Agency for Civic Education)
  • Bio-Economy as State Objective? (funded by Bio-Economy Council Bayern)
  • Frugality Policy on Laender Level(funded by BUND e.V.)
  • Bioacid: Ocean Acidification and Climate Protection (project with GEOMAR, Rostock University et al., funded by Federal Ministry for Education and Research)
  • Paris Agreement and Fundamental Rights (funded by Solarenergie-Förderverein Deutschland e.V.)
  • Energy Transition and Social Distributive Justice (project with Adelphi et al., funded by Federal Environmental Ministry)
  • Globalization and Sustainability (funded by Federal Ministry for Development Policy)
  • Biodiversity Finance (funded by GIZ)
  • Optimization of German Climate Law (funded by Federal Environmental Ministry)
  • Energy sufficiency (project with IFEU Heidelberg and Wuppertal Institute for Climate, Environment, Energy, funded by Federal Ministry for Education and Research)
  • Biodiversity, Climate Change, Evaluation, and Governance Instruments (funded by the German Parliament)
  • Climate Protection on Local Level (funded by the Saxonian Parliament)
  • Sustainability and Company Law (funded by the German Parliament/ Greens)
  • Bio-Economy as Constitutional principle? (funded by Bioökonomierat Bayern)
  • Sufficiency Politics on Regional Level (funded by BUND e.V.)
  • Human Rights and International Environmental Law (funded by the German Institute for Human Rights)
  • International Resource Politics (funded by Heinrich Böll Foundation)
  • Participation of civil society and NGOs in environmental and social matters (funded by Hans Böckler Foundation)
  • Biotech Law and Biodiversity Law (funded by Federal Agency for Nature Conservation and the NABU)
  • European Law, Conservation Law, and Judicial Review (funded by BUND e. V.)
  • International Resource Politics (project with Wuppertal Institute for Climate, Environment, Energy, funded by Heinrich-Böll-Foundation)
  • Social distributive justice in climate policy (funded by Hans Böckler Foundation)
  • Climate Protection and Planning Law (funded by the Land Nordrhein-Westfalen)
  • Climate Protection, Planning Law, and Coal Power Plants (funded by the Land Nordrhein-Westfalen)
  • Land-use and Climate Law (funded by AcaTech/ Bio-Economy Council/ Federal Ministry for Education and Research)
  • Climate Change and Social Distributive Justice (funded by Misereor and Konrad Adenauer Foundation)
  • Climate Change, Human Rights, and Balancing (funded by Solarenergie-Förderverein Deutschland e.V.)
  • World trade law and social state (funded by Hans Böckler Foundation)
  • Constitutional Law, EU Law, and EEG 2014 (funded by Solarenergie-Förderverein Deutschland e.V.)
  • Property rights, lignite, and public interest (funded by Solarenergie-Förderverein Deutschland e.V.)
  • Property rights and power supply lines (funded by Solarenergie-Förderverein Deutschland e.V.)
  • Solar Energy and the Fundamental Right to Property (funded by Solarenergie-Förderverein Deutschland e.V.)
  • Environmental Charges on Emissions (funded by Greenpeace Switzerland)
  • The City of the Future (funded by BBSR)
Dr. agr. Beatrice Garske, M.Sc., LL.M. (Deputy Director)
  • Land-Use Governance and Phosphorus Governance (funded by Science Campus on Phosphorus Research of Rostock University, funded by federal Ministry for Education and Research)
  • Plastics in International, European, and German Environmental law (funded by Federal Environmental Ministry)
  • Climate Protection and Joint Implementation (master thesis in cooperation with Fraunhofer Institut Leipzig)
  • Degrowth Homepage (funded by BUND e.V.)
Katharine Heyl, M.A.
GAP 2020 (funded by Science Campus on Phosphorus Research of Rostock University/ Leibniz-Gemeinschaft)
Ass. jur. Theresa Rath
  • Law and Governance of Energy Transition in Housing (funded by Federal Ministry of the Economy)
  • Funding of Nature Conservation and Constitutional Law (funded by the German Parliament/ Greens)
Ref. jur. Philipp Günther
Law and Governance of Negative Emissions (scholarship of Deutsche Bundesstiftung Umwelt)
Ref. jur. Cäcilia Gätsch
PtX Governance (funded by Federal Ministry for Economy and Energy/ AquaVentus Project)
Rechtsanwältin Dr. Bettina Hennig
  • Legal problems, ecological and social advantages and disadvantages of bio-energy (funded by the University of Bremen and Deutsche Bundesstiftung Umwelt)
  • Legal problems of renewable energies: The ‘perspective 2050’/core problems of the renewable energy act (EEG) 2009 (funded by the German Federal Ministry for Environment)
  • Biotech Law, Conservation, and NGO Rights (funded by Bundesamt für Naturschutz and the NABU e. V.)
  • Biotech law and Länder authorities (funded by Bundesamt für Naturschutz/NABU e.V.)
  • Land Use and Climate Law (funded by AcaTech/ Bioeconomy Council/ German Federal Ministry for Education and Research)
  • Biotech Law and Biodiversity Law (funded by Bundesamt für Naturschutz and the NABU e.V.)
  • Social distributive justice in climate policy (funded by the Hans Böckler Foundation)
  • Legal Issues of Aircraft Noise (funded by the Research Unit)
  • Climate Protection on Local Authority Level (funded by the Saxonian Parliament)
Matthias Weyland, Dipl.-Politologe
Energy Frugality (PhD student in cooperation with Federal Environmental Agency)
Rechtsanwalt Alexander Schiela
Digitalization and Energy Law
Ref. jur. Sascha Bentke
Law and Governance of Energy Storage
Marie Bärenwaldt, BA
Paris Agreement, Human Rights, Energy Charter Treaty (student assistant)
Paula Roos, BA
Common Agricultural Policy and World Trade Law (student assistant)

Projects of Former Members

Antonia Bau
Governance of Digitization in Agriculture (funded by Science Campus on Phosphorus Research of Rostock University/ BMBF)
Dr. Klaus Beckmann
Interim measures and suspensive effect (retired official)
Anna Bochmann, M.Sc.
Forest Governance (funded by Erfurt University and master thesis)
Dr. Hartwig von Bredow
Legal problems of energy efficiency (lawyer)
Anika Bruns
Legal problems of energy-heat-linkage (student assistant job funded by the German Federal Ministry for Environment)
Dr. Daniel Buscher
Reform of German federalism and the future of ‘town states’ (Rechtsreferendar)
Dr. Caroline Douhaire
Legal Issues of Fertilization (scholarship of Deutsche Bundesstiftung Umwelt)
Dr. Anne-Katrin Exner
Dr. Malgorzata Hartwig, LL.M., Rechtsanwältin/Radca prawny
Renewable Energies in Germany and Poland (Cooperation with the Law Firm von Bredow Valentin)
Mareike Heering
Dr. Nina Hehn
Legal problems concerning the transition to a climate neutral town (lawyer)
Christian Heitmann
  • A socially just tax policy and its relationship to climate policy (funded by Friedrich-Ebert-Stiftung and through a research assistant job at the University of Rostock and a student assistant job)
  • Legal problems of renewable energy: The ‘perspective 2050’/renewable energy heat act (EEWärmeG) as well as tax and subsidies aspects (German Federal Ministry for Environment)
  • Participation of civil society and NGOs in environmental and social matters (funded by Hans Böckler Stiftung)
Andreas Heym
Internal administrative law and nature protection law (assistant at the Bundesamt für Naturschutz)
Antonia von Hövel
  • Usage of land in global and European climate protection law
  • Foundations of a global Marshall-plan/planetary contract (contract financed by the BUND e.V.)
Dr. Nadine Holzapfel
Waste law, soil protection law, and water law (lawyer)
Anna Hyla
  • Legal problems of renewable energies: the ‘perspective 2050’/aspects of WTO law and human rights (student assistant job financed by the German Federal Ministry of Environment)
  • Balancing in Climate Protection and Health Care System (student assistant job at the University of Bremen; contract financed by the BUND e.V.)
Manuela Jäger, MA
Sustainability Discourse in Industrialising Countries - the Example of India (Assistant of the Director)
Ass. jur. Michael Kalis
Climate Change and Remedies (PhD student in cooperation with IKEM)
Judith Kleibs
Degrowth (Cooperation with Friends of the Earth Germany)
Daniel Kornack
Dr. Henrike-Uljane Kruschinski
Legal problems of bio-gas plants (employee at EWE AG)
Swantje Meyer-Mews
Andrea Schmeichel
Legal problems of renewable energy: the ‘perspective 2050’/renewable energy act (EEG) and the EC directive (research assistant job funded by the German Federal Ministry for Environment)
Heiko Sabatzki
Public private partnership, competition law, public procurement law (University of Bremen, faculty of law)
Dr. Patrick Kim Schmidtke
Municipal climate protection (funded by the lawyers office Schmitz; now civil servant with a federal agency)
Dr. Jan Seidel
Threshold values in soil protection law (lawyer)
Dr. Catrin Spring
Energy Taxation in the EU (lecturer)
Larissa Steffenhagen
  • Legal problems of renewable energies: the ‘ perspective 2050’/aspects of WTO law and human rights (student assistant job financed by the German Federal Ministry of Environment)
  • Sanctions and legal protection in global climate protection law (student assistant job at the University of Bremen)
  • Water law and coal power plants (funded by BUND e. V.)
  • EU Emissions Trading System 2013 (student assistant job at the University of Rostock; Rechtsreferendarin)
  • Ethical and Strategical Issues of a „Turnaround“ in Environmental Protection (funded by BUND e. V.)
Dr. agr. Jessica Stubenrauch, Dipl. Geogr. Dipl. Finw. (Deputy Director)
  • Land-Use Governance and Phosphorus Governance (funded by Science Campus on Phosphorus Research of Rostock University, funded by federal Ministry for Education and Research)
  • Geoengineering, Paris Agreement, and Human Rights (funded by Federal Environmental Ministry)
  • Plastics in International, European, and German Environmental law (funded by Federal Environmental Ministry)
  • Land use and phosphorus in different countries (funded by Science Campus on Phosphorus Research of Rostock University/ Leibniz-Gemeinschaft)
  • Governance of the accumulation of harmful substances in soils (diploma thesis in cooperation with the institute for geography of Leipzig University and the Federal Environmental Agency)
Dr. Davor Šušnjar
Hilke van Riesten
Legal problems of carbon dioxide sequestration (student assistant job funded by the German Federal Ministry of Environment; Research Assistant at the German Parliament)
Dr. Raphael Weyland
  • Water law, climate protection, and protection of nature in the planned federal environmental code (UGB) (funded by Bundesamt für Naturschutz; now lawyer)
  • Reform of German federalism and environmental law (funded by BUND e.V. and University of Bremen)
  • Atomic Waste Exports as a Legal Problem (funded by BUND NRW e.V.)
Jutta Wieding, M.A.
  • Governance of Livestock Farming (scholarship of Heinrich Böll Foundation)
  • Economic instruments on land use, phosphorus, biodiversity, and climate change (funded by Science Campus on Phosphorus Research of Rostock University, funded by federal Ministry for Education and Research)
  • Geoengineering, Paris Agreement, and Human Rights (funded by Federal Environmental Ministry)
  • Economic Instruments in International Climate Policy (master thesis, Studienstiftung des Deutschen Volkes)
Martin Wilke
Biotech law, protection of nature, and association rights (funded by Bundesamt für Naturschutz and NABU)
Ulrike Will
  • Bottom-Up versus Top-Down in Environmental Policy (funded by BUND e.V.)
  • Global climate protection and the limits to growth
Anna Winter, BA
John Rawls and Environmental Ethics (funded by Erfurt University)
Ines Zager
  • Climate protection and emission trade (funded by Frankfurter Rundschau; now lawyer)
  • Emission trade and the German allocation act (funded by BUND e.V.)
  • Freedom of speech and Danish cartoon fight (student assistant job)
Anika Zorn, B.Sc.
  • Phosphorus Governance (funded by Science Campus on Phosphorus Research of Rostock University, funded by federal Ministry for Education and Research)
  • Bioacid: Ocean Acidification and Climate Protection (Internship and Bachelor Thesis; furthermore Study Scholarship Rosa Luxemburg Foundation)

Former and present internships: Justus Wulff, Judith Kleibs, Lisa Barthels, Anika Zorn, Elena Sünderhauf, Wiktoria Gradzka, Lea Moana Weber, Sascha Bentke, Paula Roos, Tanja Vöhler, Katharina Klimm, Valentina Louise Schott, Marie Bärenwaldt, Lennard Sund, Aluka Katz, Daniela Gaus, David Schily, Wilmont Holz, Pierre Klotz. Bachelor theses: Lisa Barthels, Justus Wulff, Anika Zorn, Susanne Ober, Jana Lintz, Magdalena Bachinger, Anna Winter, Tanja Vöhler, Antonia Bau, Antonia Burkhardt, Marie Bärenwaldt, Paula Roos, Annika Kruse. Master theses: Christine Lucha, Ulrike Will, Beatrice Garske, Jessica Stubenrauch, Jutta Wieding, Antonia Weishaupt, Benedikt Jacobs, Tobias Döring, Carla Fee Weisse, Anna Bochmann, Maja Seifert, Sascha Bentke, Paula Roos. Moreover, there exist concluded PhD projects on public procurement law, building law, terrorism and security, and on principles of international public law (second opinions) as well as finished small BUND-projects on global justice (Nina Neumann), rationing in health care systems and the adaption to climate change (Verena Lessmann), and a university financed project on the every day culture of law students with a migration background in liberal states (Cornelia Richter). Furthermore, there has been preliminary research on environmental liability law (Jan Goedelt) and forest governance (Katharina Hagemann).