Recent Publications and Speeches


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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WTO, Global Justice, and International Public Law

Only a small part of the revenues of world trade benefits people in developing countries. At the same time, the global competition for production costs jeopardizes social systems in industrialized countries. Equally, we are on the verge of a global race to the bottom on environmental standards, in which apparently the most entrepreneur-friendly rule wins. It would serve both global north and global south if international social standards were established within the framework of the WTO. According to mainstream economic teaching, unlimited trade leads to maximal wealth. Therefore regulations would disturb the efficiency of the global economy. Yet this theory ignores some important aspects, it overlooks for example unequal distribution of income: Only few profit from alleged economic efficiency. The overall economic production would even increase, if a part of the money that developing countries earn by exports were used to improve the social security of the working people. This ought to have a positive impact on their motivation and educational opportunities. Moreover, environmental problems and the mental consequences of an unrestricted world-wide competition for longer working times and increased pressure to perform are hardly found in the traditional theory of free trade. This leads to the proposal to secure ecologic and social minimal standards in the legal framework of the WTO. On one hand, such a legal framework would contribute to the fight against poverty and environmental protection on one hand. On the other, it would protect the Western social state and environmental from an international competition. The WTO could – partly following the example of the EU – become a common market with uniform minimal requirements for social and environmental policy. As a model serves the eco-social conception for a new global climate protection.

The Research Unit has repeatedly worked on the human right to food and participation on the level of international law to secure social and ecologic standards. Another issue has been developing ways to establish real leadership of European environmental politics without fostering ecological shifting effects and creating problems for competitiveness. Border Adjustments is one of the key words. Many of these topics are also discussed in Sustainability: Transformation, Governance, Ethics, Law by Felix Ekardt.

Further downloadable texts in English: