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Publications – Ecologic Legal

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A Climate Law for Europe

Making the Paris Agreement Real
The EU's current rules on climate action are comprehensive and detailed. However, they lack many of these features. In this sense, the existing EU acquis falls short of what countries and regions have adopted. It also falls short of what the full implementation of the Paris Agreement implies. The Regulation on Governance for the Energy Union and Climate Action addresses a number of existing shortcomings. It is a strong foundation for a Climate Law for Europe. However, gaps remain that should be filled in a reform. These are the main findings of a recently updated paper of Ecologic Institute, which is available for download.Read more

Local Communities and Indigenous Peoples Platform

potential governance arrangements under the Paris Agreement
The Local Communities and Indigenous Peoples Platform (LCIP Platform) was established in Paris in 2015, but its operationalization is still ongoing. The LCIP Platform could provide an important next step towards a nuanced inclusion of specific non-Party stakeholders in the UNFCCC process. Based on the negotiation process for the Platform and on current modes of participation of non-Party stakeholders, this report develops a toolkit of governance elements for the Platform. The report, written by Arne Riedel and Ralph Bodle, both of Ecologic Institute, is available for download.Read more

Substance and Style – How the WTO Adjudicators Legitimize their Decisions

The dispute settlement mechanism of the World Trade Organisation (WTO) is one of the most active international courts. How the WTO's adjudicators decide cases is the topic of a book chapter authored by Christiane Gerstetter, Senior Fellow at Ecologic Institute. The book, entiteld "The Judicialization of International Law: A Mixed Blessing?" is edited by Andreas Follesdal and Geir Ulfstein and published by Oxford University Press. It deals with the influence of decisions by international courts on international law.Read more

Arctic Summer College Yearbook

An Interdisciplinary Look into Arctic Sustainable Development
This book, edited by Ecologic Institute's Brendan O’Donnell, Max Gruenig, and Arne Riedel, highlights both the diversity of perspectives and approaches to Arctic research and the inherent interdisciplinary nature of studying and understanding this incomparable region. The chapters are divided into four liberally-defined sections to provide space for dynamic interpretation and dialogue in search of sustainable solutions to the issues facing the Arctic. From governance to technology, scientific research to social systems, human health to economic development, the authors discuss fundamental questions while looking toward the Arctic’s future. Whether the reader is well-versed in the history and complexity of Arctic policy or looking for an insightful introduction to the vast world of Arctic research, everyone will find answers that lead to new questions and even more discoveries in these pages, laying the foundation for tomorrow’s discussion on the future of the Arctic.Read more

The Enforcement of Consumer Rights in Trade Agreements

Cross-border trade and the rules governing it impact consumers. Trade has benefits for consumers, such as access to goods not available domestically. Yet it also has certain risks, such as exposure to traded goods that may be dangerous. Against this background, consumer organisations on both sides of the Atlantic have been discussing what a consumer-friendly trade policy could look like. Christiane Gerstetter and Lena Donat of Ecologic Institute's Legal Team have compiled a study examining what complaint mechanisms for consumer organisations concerning international trade agreements could look like. Read more

Environmental Criminal Law in Germany

As an output of the research project "European Union Action to Fight Environmental Crime" (EFFACE), which was coordinated by Ecologic Institute, an edited volume entitled "Environmental Crime in Europe" was published by Hart Publishing. Dr. Stephan Sina, Senior Fellow at Ecologic Institute, contributed a chapter on environmental crime in Germany. In this chapter, he describes the legal framework on environmental crime in Germany and assesses its conformity with the EU's Environmental Crime Directive. Read more

Energie- und Umweltgovernance in der Arktis

The text book on "Regions and Regionalism in the International Relations" offers a theoretical and conceptual overview as well as comparative insights into a range of regional regulatory models, norms and institutions in Europe, Asia, Africa and the Americas. In a new publication, Arne Riedel, Fellow at Ecologic Institute, outlines the actors and cooperative efforts in the Arctic region and discusses actual regulatory developments, new actors as well as new political challenges. Read more

Consumer Rights in International Trade Agreements

In principle, increased trade resulting from trade agreements can offer consumers access to goods and services that are less expensive or of higher quality. At the same time, there is a risk that rules in trade and investment agreements limit the sovereign right of states to adopt measures for consumer protection at the domestic level. Hence, much depends on how these agreements are designed. A study, compiled by Christiane Gerstetter, Senior Fellow at Ecologic Institute and Christian Pitschas, provides an overview of consumer-related rights in recent international trade agreements. The study is available fro download.Read more

Regulatory Cooperation under CETA

Implications for Environmental Policies
On 30 October 2016 Canada and the EU signed CETA. Ratification of the agreement will be the next step. A new study by the Ecologic Institute analyses the environmental implications of regulatory cooperation under CETA. The study finds that CETA establishes a comprehensive institutional framework for regulatory cooperation between Canada and the EU and sets primarily procedural obligations. CETA does not contain detailed obligations that predetermine specific outcomes of regulatory cooperation. Regulatory cooperation under CETA is voluntary. Regulatory cooperation under CETA has a focus on trade liberalisation and consistency of standards. It does not focus on enhancing environmental protection. The study is available for download.Read more

EU Effort Sharing after 2020

Review and Ratcheting Up EU Climate Targets
The Paris Agreement requires Parties to scale up their commitments every five years, i.e., with each consecutive "nationally determined contribution" (NDC). The recent proposal of the EU Commission for an Effort Sharing Regulation is essential for the EU to meet this obligation. The proposal, however, does not support adequately continuous scaling up of the EU greenhouse gas reduction targets. A new paper from Ecologic Institute discusses ways in which the Effort Sharing Regulation could support the scaling up of EU climate targets. The paper is available for download.Read more

Early Ratification of the Paris Agreement by the EU

Legal implications
As the EU considers early ratification of the Paris Agreement, this paper explains the related key legal questions that arise should the EU push to ratify without its internal burden sharing in place and without all Member States ratifying simultaneously. The paper is available for download.Read more

Wildlife Crime

Study for the ENVI Committee
In the context of preparing an EU Action Plan against Wildlife Trafficking, the European Parliament commissioned a study to analyze wildlife crime in the EU, in particular the level and quality of enforcement in Member States. This study provided numerous insights on how to enhance the fight against wildlife crime. First, a higher priority should be placed on combating wildlife crime at the political level in addition to the measures taken by enforcement bodies. Secondly, Member States should provide for the specialization of enforcement staff and units. Finally, the report highlights the need for improved data collection, better cooperation and more demand reduction measures. The study is available for download.Read more

Analysis of Wildlife Crime in Five Member States

In-depth analysis
The Ecologic Institute, together with a consortium, conducted a study on wildlife crime, which gives an overview over the state of wildlife crime in Europe. As as a basis for this study, in-depth analyses were carried out for five EU member states. Ecologic Institute conducted the in-depth analysis of wildlife crime in Germany. The analysis concludes that Germany is not a main destination for illegal wildlife products from iconic species, but still an important destination for live animals like reptiles for the pet market. It is also an important transit country for ivory and other illegally traded animal parts from Western and Central Africa with East and South-East Asia as the main region of destination. The studies were compiled on behalf of the European Parliament and are available for download.Read more

European Union Action to Fight Environmental Crime (EFFACE): Conclusions and Recommendations

on fighting environmental crime more effectively
A new report presents the conclusions and policy recommendations of the EU-funded research project, "European Union Action to Fight Environmental Crime" (EFFACE). The report includes recommendations for action to better combat environmental crime at the EU and Member State level, distinguishing between core and supplementary recommendations. In addition to these recommendations, questions for further research are identified. The report is available for download.Read more

TTIP und Klimawandel - Risiko oder Chance?

In a book chapter, Christiane Gerstetter, Senior Fellow at Ecologic Institute, analyses the impact that the planned Transatlantic Trade and Investment Partnerhip (TTIP) between the EU and the US could have on climate change. The book chapter is written in German. It is part of an edited volume entitled "Globalisierung, Freihandel und Umweltschutz in Zeiten von TTIP", which deals with various facets of the trade and environment debate.Read more

The Paris Agreement: Analysis, Assessment and Outlook

Background paper for the workshop "Beyond COP21: what does Paris mean for future climate policy?"
Ecologic Institute's new research paper provides a comprehensive overview and assessment of the Paris Agreement, including the agreed next steps, an outlook on implementation and key political messages. It is now available for download.Read more

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