Research Unit Sustainability and Climate Policy
Prof. Dr. Dr. Felix Ekardt, LL.M., M.A.
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.
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.
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.
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.
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.
Problems of sustainability in energy, climate and resource scarcity or land use raise questions of social change, political and legal instruments and improved technologies. However, they also trigger questions on ethic and legal requirements. Are we allowed to “not care” about future generations and continue to foster climate change in view of human rights? For many years, these questions are addressed by the Research Unit, namely by Felix Ekardt. Contrary to common perception, both Germany and Europe as a whole are far from reaching their climate targets. Inconvenient truths such as the necessity to continuously increase costs of fossil fuels are not discussed. We analyze how societies and individuals change and are thus able to contribute to a real and global energy transition, even though desires of daily life are often in contradiction. We explain why German and European leadership (even in an economic sense) is crucial and why new lifestyles are not a restriction but a necessary element of freedom and social justice. On the occasion of the Paris climate negotiations, we have furthermore shown and calculated in detail how much emission reductions and financing would have been needed, portraying the example of Germany. The results present a stark contrast to what has really been discussed by now. On all of these questions, see in detail Sustainability: Transformation, Governance, Ethics, Law with Springer Nature by Felix Ekardt. In our trial before the German Constitutional Court on climate change, we received a groundbreaking verdict. Since then, we have further deepened and updated our thoughts on human rights, international environmental law and the climate - as well as on biodiversity.