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Agricultural practices require a comprehensive transformation to preserve natural resources and secure high-quality food supply. Conventional and organic farming practices offer different pathways to further develop the sector. In particular, blending organic and conventional practices appears to be a promising pathway. However, proposals for implementing the latter are widely missing. This article addresses this research gap. The article applies a qualitative governance analysis and develops a legal framework to enable the transformation of the agricultural sector. The European Union serves as example. The analysis finds that existing provisions for organic farming provide important benchmarks but require amendments. Precisely, the restriction of external inputs, including permitted fertiliser application and pest control, needs to be slightly softened to achieve long-term yield stability. In contrast, organic provisions on livestock densities require tightening in order to meet international environmental targets set by the Paris Agreement and the Convention on Biological Diversity. In doing so, the article not only proposes a forward-looking governance approach to organic farming, but develops a legally binding regulatory framework valid to all farmers in the EU. As a consequence, the distinction between organic and conventional farming could be finally overcome, and the agricultural sector could be transformed to be truly sustainable.
Jessica Stubenrauch; Felix Ekardt; Katharine Heyl; Beatrice Garske; Valentina Louise Schott; Susanne Ober. How to legally overcome the distinction between organic and conventional farming - Governance approaches for sustainable farming on 100% of the land. Sustainable Production and Consumption 2021, 28, 716 -725.
AMA StyleJessica Stubenrauch, Felix Ekardt, Katharine Heyl, Beatrice Garske, Valentina Louise Schott, Susanne Ober. How to legally overcome the distinction between organic and conventional farming - Governance approaches for sustainable farming on 100% of the land. Sustainable Production and Consumption. 2021; 28 ():716-725.
Chicago/Turabian StyleJessica Stubenrauch; Felix Ekardt; Katharine Heyl; Beatrice Garske; Valentina Louise Schott; Susanne Ober. 2021. "How to legally overcome the distinction between organic and conventional farming - Governance approaches for sustainable farming on 100% of the land." Sustainable Production and Consumption 28, no. : 716-725.
Transnational trade holds opportunities for prosperity and development if accompanied by a robust political and legal framework. Yet, where such a framework is missing, transnational trade is frequently associated with, among others, negative impacts on the environment. Applying a legal comparison, this article assesses if recent free trade agreements, i.e., the Mercosur Agreement, CETA and the EU–Vietnam Free Trade Agreement, negotiated by the European Union, have been underpinned with effective environmental standards so that they are in line with global environmental goals and avoid detrimental effects on climate and biodiversity. Besides that, we evaluate the extent to which these agreements at least enable and incentivise environmental pioneering policies in the trading Parties. In particular, we discuss the likely impacts of the agreements on the agricultural sector. The analysis finds that, while a few mandatory standards concerning, e.g., deforestation have been established, overall, the agreements lack a comprehensive legal framework to uphold/enhance environmental protection. Moreover, weak dispute settlement mechanisms to ensure compliance with sustainability measures limits their effectiveness. In addition, the provisions on regulatory cooperation and investor-state dispute settlement are likely to negatively affect the decision-making processes and (thus) discourage ecological pioneering policies in the trading Parties. Hence, there is a long way to go so that transnational trade is compatible with global environmental goals.
Katharine Heyl; Felix Ekardt; Paula Roos; Jessica Stubenrauch; Beatrice Garske. Free Trade, Environment, Agriculture, and Plurilateral Treaties: The Ambivalent Example of Mercosur, CETA, and the EU–Vietnam Free Trade Agreement. Sustainability 2021, 13, 3153 .
AMA StyleKatharine Heyl, Felix Ekardt, Paula Roos, Jessica Stubenrauch, Beatrice Garske. Free Trade, Environment, Agriculture, and Plurilateral Treaties: The Ambivalent Example of Mercosur, CETA, and the EU–Vietnam Free Trade Agreement. Sustainability. 2021; 13 (6):3153.
Chicago/Turabian StyleKatharine Heyl; Felix Ekardt; Paula Roos; Jessica Stubenrauch; Beatrice Garske. 2021. "Free Trade, Environment, Agriculture, and Plurilateral Treaties: The Ambivalent Example of Mercosur, CETA, and the EU–Vietnam Free Trade Agreement." Sustainability 13, no. 6: 3153.
: Most scenarios on instruments limiting global warming in line with the 1.5 °C temperature limit of the Paris Agreement rely on overshooting the emissions threshold, thus requiring the application of negative emission technologies later on. Subsequently, the debate on carbon dioxide removal (CDR) and solar radiation management (SRM) (frequently subsumed under “geoengineering”) has been reinforced. Yet, it does not determine normatively whether those are legally valid approaches to climate protection. After taking a closer look at the scope of climate scenarios and SRM methods compiling current research and opinions on SRM, this paper analyses the feasibility of geoengineering and of SRM in particular under international law. It will be shown that from the perspective of human rights, the Paris Agreement, and precautionary principle the phasing-out of fossil fuels and the reduction in consumption of livestock products as well as nature-based approaches such as sustainable—and thus climate and biodiversity-smart—forest, peatland, and agricultural management strongly prevail before geoengineering and atmospheric SRM measures in particular. However, as all of the atmospheric SRM methods are in their development phase, governance options to effectively frame further exploration of SRM technologies are proposed, maintaining that respective technologies thus far are not a viable means of climate protection.
Jutta Wieding; Jessica Stubenrauch; Felix Ekardt. Human Rights and Precautionary Principle: Limits to Geoengineering, SRM, and IPCC Scenarios. Sustainability 2020, 12, 8858 .
AMA StyleJutta Wieding, Jessica Stubenrauch, Felix Ekardt. Human Rights and Precautionary Principle: Limits to Geoengineering, SRM, and IPCC Scenarios. Sustainability. 2020; 12 (21):8858.
Chicago/Turabian StyleJutta Wieding; Jessica Stubenrauch; Felix Ekardt. 2020. "Human Rights and Precautionary Principle: Limits to Geoengineering, SRM, and IPCC Scenarios." Sustainability 12, no. 21: 8858.
Jessica Stubenrauch; Beatrice Garske; Felix Ekardt. Kunststoffe in Meeren und Böden: Regulierungsansätze im Wasser-, Naturschutz-, Bodenschutz- und Agrarrecht – Teil 2. Natur und Recht 2020, 42, 457 -464.
AMA StyleJessica Stubenrauch, Beatrice Garske, Felix Ekardt. Kunststoffe in Meeren und Böden: Regulierungsansätze im Wasser-, Naturschutz-, Bodenschutz- und Agrarrecht – Teil 2. Natur und Recht. 2020; 42 (7):457-464.
Chicago/Turabian StyleJessica Stubenrauch; Beatrice Garske; Felix Ekardt. 2020. "Kunststoffe in Meeren und Böden: Regulierungsansätze im Wasser-, Naturschutz-, Bodenschutz- und Agrarrecht – Teil 2." Natur und Recht 42, no. 7: 457-464.
The Common Agricultural Policy (CAP) is currently undergoing a reform process which is embedded in a political context that is required to effectively and urgently respond to climate change and biodiversity loss. The CAP beyond 2020 has to be in line with the international goals of the Paris Agreement and the Convention on Biological Diversity and at the same time foster mitigation strategies for increasingly challenging natural conditions to secure food security in the long term. Yet, despite the fact that the above‐mentioned objectives call for a complete reorientation of the subsidy scheme, this article shows that the reform proposal does not provide the instruments needed to adequately address these objectives, although a few promising approaches (e.g. ‘eco‐schemes’) have been put on the reform agenda.
Katharine Heyl; Tobias Döring; Beatrice Garske; Jessica Stubenrauch; Felix Ekardt. The Common Agricultural Policy beyond 2020: A critical review in light of global environmental goals. Review of European, Comparative & International Environmental Law 2020, 1 .
AMA StyleKatharine Heyl, Tobias Döring, Beatrice Garske, Jessica Stubenrauch, Felix Ekardt. The Common Agricultural Policy beyond 2020: A critical review in light of global environmental goals. Review of European, Comparative & International Environmental Law. 2020; ():1.
Chicago/Turabian StyleKatharine Heyl; Tobias Döring; Beatrice Garske; Jessica Stubenrauch; Felix Ekardt. 2020. "The Common Agricultural Policy beyond 2020: A critical review in light of global environmental goals." Review of European, Comparative & International Environmental Law , no. : 1.
Nicht nur das Kreislaufwirtschaftsrecht, sondern auch das mediale Umweltrecht enthält mehr und mehr Ansätze, die auf Umweltprobleme der massenhaften Kunststoffnutzung reagieren. Diesen wenig beachteten Regelungen widmet sich der vorliegende Beitrag. Die jeweils etablierte Gefahrenabwehr und Vorsorge erweisen sich dabei als vergleichsweise punktuell und nicht flächendeckend konzipiert. Wenig realisiert wird bisher, dass es ökologisch (auch) bei Kunststoffen um ein – ordnungsrechtlich nur schwer lösbares – Mengenproblem geht und dass die Lösung dieses Mengenproblems eng mit dem klimaschutzrechtlich ohnehin gebotenen Phasing Out aus den fossilen Brennstoffen (weltweit und in allen Sektoren) in Verbindung steht.
Jessica Stubenrauch; Beatrice Garske; Felix Ekardt. Kunststoffe in Meeren und Böden: Regulierungsansätze im Wasser-, Naturschutz-, Bodenschutz- und Agrarrecht – Teil 1. Natur und Recht 2020, 42, 395 -402.
AMA StyleJessica Stubenrauch, Beatrice Garske, Felix Ekardt. Kunststoffe in Meeren und Böden: Regulierungsansätze im Wasser-, Naturschutz-, Bodenschutz- und Agrarrecht – Teil 1. Natur und Recht. 2020; 42 (6):395-402.
Chicago/Turabian StyleJessica Stubenrauch; Beatrice Garske; Felix Ekardt. 2020. "Kunststoffe in Meeren und Böden: Regulierungsansätze im Wasser-, Naturschutz-, Bodenschutz- und Agrarrecht – Teil 1." Natur und Recht 42, no. 6: 395-402.
Plastic pollution in soils pose a major threat to soil health and soil fertility that are directly linked to food security and human health. In contrast to marine plastic pollution, this ubiquitous problem is thus far scientifically poorly understood and policy approaches that tackle plastic pollution in soils comprehensively do not exist. In this article, we apply a qualitative governance analysis to assess the effectiveness of existing policy instruments to avoid harmful plastic pollution in (agricultural) soils against the background of international environmental agreements. In particular, environmental and fertiliser legislation relevant to soil protection in the European Union and in Germany are assessed. Regulatory weaknesses and gaps of the respective legislation are identified, and proposals for enhanced command-and-control provisions developed. However, the legal analysis furthermore shows that plastic pollution ecologically is also a problem of quantity, which is difficult to solve exclusively through command-and-control legislation. Instead, comprehensive quantity-control instruments to phase out fossil fuels (worldwide and in all sectors) as required by climate protection law can be effective approaches to tackle plastic pollution in environmental media like agricultural soils as well.
Jessica Stubenrauch; Felix Ekardt. Plastic Pollution in Soils: Governance Approaches to Foster Soil Health and Closed Nutrient Cycles. Environments 2020, 7, 38 .
AMA StyleJessica Stubenrauch, Felix Ekardt. Plastic Pollution in Soils: Governance Approaches to Foster Soil Health and Closed Nutrient Cycles. Environments. 2020; 7 (5):38.
Chicago/Turabian StyleJessica Stubenrauch; Felix Ekardt. 2020. "Plastic Pollution in Soils: Governance Approaches to Foster Soil Health and Closed Nutrient Cycles." Environments 7, no. 5: 38.
Limiting global warming to well below 2 degrees Celsius and better even to 1.5 degrees Celsius, according to Article 2 paragraph 1 of the Paris Agreement requires global zero emissions in a very short time. These 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. However, with regard to instruments for meeting these targets, measuring, depicting, and baseline definition are difficult for greenhouse gas emissions from peatlands. 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, which will be shown using the example of the European Union (EU) and German legislation. This paper is a contribution to governance research and illustrates that even comprehensive quantity-control instruments for fossil fuels and livestock farming—which would address various environmental problems and reflect findings from behavioral research regarding motivation towards sustainability—require complementary fine-tuning through command-and-control law, e.g., for integrating peatland governance.
Felix Ekardt; Benedikt Jacobs; Jessica Stubenrauch; Beatrice Garske. Peatland Governance: The Problem of Depicting in Sustainability Governance, Regulatory Law, and Economic Instruments. Land 2020, 9, 83 .
AMA StyleFelix Ekardt, Benedikt Jacobs, Jessica Stubenrauch, Beatrice Garske. Peatland Governance: The Problem of Depicting in Sustainability Governance, Regulatory Law, and Economic Instruments. Land. 2020; 9 (3):83.
Chicago/Turabian StyleFelix Ekardt; Benedikt Jacobs; Jessica Stubenrauch; Beatrice Garske. 2020. "Peatland Governance: The Problem of Depicting in Sustainability Governance, Regulatory Law, and Economic Instruments." Land 9, no. 3: 83.
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. Two innovative governance approaches are developed and compared: a cap-and-trade scheme for animal products and a livestock-to-land ratio. Both instruments are measured against the above-mentioned environmental objectives, taking into account findings from behavioural sciences and typical governance problems. Both approaches are generally suitable as quantity governance in animal husbandry if they are properly designed. In the end, a combination of both approaches proved to be particularly effective ecologically. All of this simultaneously demonstrates, on the basis of a rarely considered but ecologically highly relevant sector, how a quantity governance approach that is based on an easily comprehensible governance unit can function across all sectors and regions.
Antonia Weishaupt; Felix Ekardt; Beatrice Garske; Jessica Stubenrauch; Jutta Wieding. Land Use, Livestock, Quantity Governance, and Economic Instruments—Sustainability Beyond Big Livestock Herds and Fossil Fuels. Sustainability 2020, 12, 2053 .
AMA StyleAntonia Weishaupt, Felix Ekardt, Beatrice Garske, Jessica Stubenrauch, Jutta Wieding. Land Use, Livestock, Quantity Governance, and Economic Instruments—Sustainability Beyond Big Livestock Herds and Fossil Fuels. Sustainability. 2020; 12 (5):2053.
Chicago/Turabian StyleAntonia Weishaupt; Felix Ekardt; Beatrice Garske; Jessica Stubenrauch; Jutta Wieding. 2020. "Land Use, Livestock, Quantity Governance, and Economic Instruments—Sustainability Beyond Big Livestock Herds and Fossil Fuels." Sustainability 12, no. 5: 2053.
Sustainable phosphorus management is indispensable for global food security and the conservation of soil and water bodies. Phosphorus governance is rooted in various areas of law, in particular the Common Agricultural Policy of the European Union as well as European and national soil conservation law, water conservation law, fertilizer law, circular economy law and organic farming law. This article provides an analysis of the extent to which previously identified aspects of sustainable phosphorus management are reflected in the status quo of European agricultural and environmental law. It shows the potential for improvement regarding the integration of phosphorus‐related issues in existing regulation and points out that establishing economic instruments might help to overcome governance deficits of regulatory law.
Beatrice Garske; Jessica Stubenrauch; Felix Ekardt. Sustainable phosphorus management in European agricultural and environmental law. Review of European, Comparative & International Environmental Law 2020, 29, 107 -117.
AMA StyleBeatrice Garske, Jessica Stubenrauch, Felix Ekardt. Sustainable phosphorus management in European agricultural and environmental law. Review of European, Comparative & International Environmental Law. 2020; 29 (1):107-117.
Chicago/Turabian StyleBeatrice Garske; Jessica Stubenrauch; Felix Ekardt. 2020. "Sustainable phosphorus management in European agricultural and environmental law." Review of European, Comparative & International Environmental Law 29, no. 1: 107-117.
The scarcity of phosphorus (P) is a global concern that is not restricted to western industrialized nations. Until now, most countries in the world are highly dependent on importing mineral P fertilizers for agriculture. The industrialized nation of Germany, the emerging economy of Costa Rica, and the developing country of Nicaragua are examined with regard to their legislation in the field of environmental protection and agriculture, in particular with regard to soil protection and fertilizer law. Based on the structure of agriculture in each country, control weaknesses in legislation in the individual countries, which is largely determined by command-and-control law, are identified and compared. It becomes clear that soil protection in all three countries has not yet been adequately standardised in law and at the same time the efficient use of organic or recycled P fertilizers instead of (finite) mineral P fertilizers is inadequately regulated. In particular, frugality, i.e., the strategy of lower (and not only more efficient) consumption of P fertilizers, has so far played no regulatory role in land-use governance.
Jessica Stubenrauch; Beatrice Garske; Felix Ekardt. Sustainable Land Use, Soil Protection and Phosphorus Management from a Cross-National Perspective. Sustainability 2018, 10, 1988 .
AMA StyleJessica Stubenrauch, Beatrice Garske, Felix Ekardt. Sustainable Land Use, Soil Protection and Phosphorus Management from a Cross-National Perspective. Sustainability. 2018; 10 (6):1988.
Chicago/Turabian StyleJessica Stubenrauch; Beatrice Garske; Felix Ekardt. 2018. "Sustainable Land Use, Soil Protection and Phosphorus Management from a Cross-National Perspective." Sustainability 10, no. 6: 1988.
Felix Ekardt; Jutta Wieding; Beatrice Garske; Jessica Stubenrauch. Agriculture-related Climate Policies – Law and Governance Issues on the European and Global Level. Carbon & Climate Law Review 2018, 12, 316 -331.
AMA StyleFelix Ekardt, Jutta Wieding, Beatrice Garske, Jessica Stubenrauch. Agriculture-related Climate Policies – Law and Governance Issues on the European and Global Level. Carbon & Climate Law Review. 2018; 12 (4):316-331.
Chicago/Turabian StyleFelix Ekardt; Jutta Wieding; Beatrice Garske; Jessica Stubenrauch. 2018. "Agriculture-related Climate Policies – Law and Governance Issues on the European and Global Level." Carbon & Climate Law Review 12, no. 4: 316-331.
This article will show which legal measures could lead to more sound use of phosphorus, and which might not. From the perspective of natural science, there are varying accounts as to how long phosphorus will still be available. It is, however, undisputed that phosphorus is a finite resource with vital importance to humankind. It is also certain that overusing phosphorus causes environmental damage further increased by permanent application. In this context, the usage of phosphorus from stocks contaminated by heavy metals might increasingly become an issue. Regulatory policy incentives are required towards establishing more sound phosphorus use with increased focus on recycling. So far, phosphorus has involved tentative proclamations rather than legally binding measures. However, classical regulatory measures directed at single actions – the command-and-control approach – will not suffice in addressing resource and environmental problems, as phosphorus problems are more appropriately viewed as quantity problems. Additional economic instruments are needed in order to avoid enforcement deficits, rebound and shifting effects, and to promote recycling while decreasing phosphorus consumption. These economic instruments would also help in addressing several environmental problems regarding land use, resources, biodiversity loss and climate change all at once.
Felix Ekardt; Beatrice Garske; Jessica Stubenrauch; Jutta Wieding. Legal Instruments for Phosphorus Supply Security. Journal for European Environmental & Planning Law 2015, 12, 343 -361.
AMA StyleFelix Ekardt, Beatrice Garske, Jessica Stubenrauch, Jutta Wieding. Legal Instruments for Phosphorus Supply Security. Journal for European Environmental & Planning Law. 2015; 12 (3-4):343-361.
Chicago/Turabian StyleFelix Ekardt; Beatrice Garske; Jessica Stubenrauch; Jutta Wieding. 2015. "Legal Instruments for Phosphorus Supply Security." Journal for European Environmental & Planning Law 12, no. 3-4: 343-361.