Publications

Publication:Book Section
 
Cover of the book " A research agenda for environmental crime and law"
As part of the section on new and emerging themes in the book A Research Agenda for Environmental Crime and the Law, Stephan Sina, Senior Fellow at the Ecologic Institute, contributed a chapter titled "Climate Change and Criminal Justice". In this chapter, he explores why criminal law currently plays only a marginal role in discussions on climate change mitigation – and whether this should, and could, be changed.

Climate Change and Criminal Justice

Chapter in A Research Agenda for Environmental Crime and the Law

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Publication:Document
 
Dr Ralph Bodle, Arne Riedel and Dr Stephan Sina from Ecologic Institute's Legal Team are among the authors of the comprehensive legal commentary on climate change law (BeckOK Klimarecht), which was published by C. H. Beck on their online platform in December 2024. The commentary is edited by Prof Ekkehard Hofmann and Dr Franziska Heß and is the first to cover climate-related laws and treaties at international, European and national level.

BeckOK Klimarecht

Legal commentaries on Climate Law

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Publication:Report
 
Cover page of the final report titled 'Rechtsgutachten zur Krisenfestigkeit des EU-ETS' (Legal Opinion on the Resilience of the EU-ETS). The report is part of the 'Climate Change 43/2024' series. Authors include Lina-Marie Dück and Madeleine Pumberger from the Ecologic Institute in Berlin, and Michael Jakob from Climate Transition Economics, Berlin. The report is published by the Umweltbundesamt (German Environment Agency), and the blue cover features the Umweltbundesamt logo at the bottom.
This report analyses the resilience of the European Emissions Trading System (EU ETS) and shows how global crises such as the COVID-19 pandemic or the war in Ukraine can affect its operation. In view of rising energy prices and economic uncertainties, it becomes clear that the EU ETS needs to improve its legal resilience to crisis situations. The report highlights necessary reforms to make emissions trading more resilient and effective in the future.

Rechtsgutachten zur Krisenfestigkeit des EU-ETS

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Publication:Book Section
 
Book cover titled 'Współczesne Wyzwania Prawa Ochrony Klimatu', edited by Maria Magdalena Kenig-Witkowska, Anna Barczak, and Marcin Stoczkiewicz. The cover has a simple design with a white background and a blue section at the bottom. The publisher's logo, Wolters Kluwer, is visible at the lower left corner.
As an output of the international academic conference "Towards the Polish Climate Protection Act" on 7 September 2022 in Szczecin, Wolters Kluwer Poland has published an edited volume entitled "Współczesne Wyzwania Prawa Ochony Klimatu" (Contemporary challenges of climate law). Dr. Stephan Sina, Senior Fellow at Ecologic Institute, contributed an English language essay on the German Federal Climate Change Act. He describes the development and main features of the Act, as well as its revision based on the decision of the Federal Constitutional Court on 24 March 2021. He also presents lessons learned and good practices, and addresses challenges.

The German Federal Climate Change Act

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Publication:Report
 
Cover of Ecologic institute's report "Analysis of the implementation of EU provisions for the clean energy transition in selected Member States"
This report assesses the implementation status and quality of a selection of 11 provisions from 4 EU laws in 6 EU countries (Austria, Bulgaria, France, Germany, Poland and Spain). These 4 EU laws are Directive (EU) 2019/944 on common rules for the internal market for electricity (DIR), Regulation (EU) 2019/943 on the internal market for electricity (REG), Directive (EU) 2018/2001 on the promotion of the use of energy from renewable resources (RED) and Regulation (EU) 2022/2577 laying down a framework to accelerate the deployment of renewable energy (ACC).

Analysis of the Implementation of EU Provisions for the Clean Energy Transition in Selected Member States

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Publication:Report
 
Cover of a publication titled 'Restrictions on the Use of Photovoltaic Electricity in Buildings'. The image shows solar panels on a balcony with lush plants in the background and a city skyline in the distance. In the top right corner is the logo of the Federal Institute for Research on Building, Urban Affairs and Spatial Development next to the title. The names of the authors are listed below: Katharina Umpfenbach, Lina-Marie Dück, Tobias Kelm, Felix Dengler, Ricarda Faber, and Michael Jakob.
To achieve the ambitious climate targets of the Federal Climate Change Act a rapid expansion of renewable energies, particularly wind and photovoltaics (PV), is crucial. In this context, achieving 215 GW of installed PV capacity by 2030 has become a specific target of the Renewable Energy Sources Act (EEG). This report deals with the central role that buildings play in meeting PV expansion targets, with the potential to cover up to 25% of EU electricity consumption through rooftop PV.

Restriktionen bei der Nutzung von Photovoltaik-Strom im Gebäudebereich

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Publication:Report
 
Revising soil protection law
This draft report compiles seven legal discussion papers that were produced as part of a research project for the Federal Environment Ministry on modernising soil protection law. The discussion papers serve as a technical basis for preparing a draft bill and address the challenges identified by the BMUV in an evaluation (white paper of March 2022). The discussion papers elaborate several options and explain their pros and cons. They are intended to stimulate a broader technical discussion on soil protection law.

Überarbeitung des Bodenschutzrechts – Diskussionspapier

Ergebnisse zu ausgewählten Rechtsfragen

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Publication:Podcast
 
Our planet is experiencing a biodiversity crisis. And the problem across the EU is also severe, with more than 80% of habitats in the EU now in a bad or poor conservation status. To reverse this alarming trend, the European Commission has proposed the Nature Restoration Law, which aims to restore at least 20% of EU land and sea by 2030, and all ecosystems in need of restoration by 2050.

Nature Restoration Law: Restoring Europe's ecosystems & protecting biodiversity

Tenth episode of the podcast "Green Deal – Big Deal?"

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Publication:Article
 
print and online cover of the journal "Klima und Recht"
The COP27 in Sharm El-Sheikh was intended by the Egyptian presidency to be an implementation summit. The key outcome agreed was a financing mechanism with a fund specifically for damage and loss. Apart from that, the substantive outcomes of COP27 were mostly disappointing. This article by Dr. Ralph Bodle, Arne Riedel and Dr. Camilla Bausch provides an overview of selected outcomes, as well as insights into the process and the assessment by German civil society.

Der Klimagipfel von Sharm El-Sheikh: Fortschritt und Stillstand

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Publication:Case Study
 
Cover of the case study on Germany "Species protection rules under the Birds and Habitats Directives: how effectively are they integrated into sectoral policies?"
The Ecologic Institute undertook a comprehensive country study for Germany focusing on the integration of species protection rules, specifically within agricultural sectors, under the Birds and Habitats Directives. Engaging with over 20 national and regional experts, the study probed the implications of Article 12 and 13 of the Habitats Directive (HD) and Article 5 of the Birds Directive (BD), focusing on how thoroughly the regulations are transposed into national law, to reveal what efforts are being made to provide information about them to farmers and enforce them and to evaluate assessment and authorisation procedures.

Species Protection Rules under the Birds and Habitats Directives – Agriculture: Country studies

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Publication:Article
 
Cover of the journal
Germany must reduce input of pollutants into water bodies, enable the development of near-natural water bodies, and restore and improve the continuity of water bodies to achieve the objectives of the Water Framework Directive in the future. The article highlights individual legal levers, especially in legal areas beyond water law, to tackle these tasks and to bring surface waters and groundwater to a good status, as required by the Directive, in the medium and long term.

Rechtliche Hebel zum Erreichen der Ziele der Wasserrahmenrichtlinie

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Publication:Article
 
screenshot first page
Preparations are currently underway for negotiations on a global plastics treaty. The treaty is intended to respond to the increasing plastic pollution, especially of the oceans, which requires international cooperation along the value chain and thus binding rules at the international level. The timetable for the negotiations is extremely ambitious, with a draft to be available as early as the end of 2024. In her editorial, Heidi Stockhaus highlights the global dimension of the problem and points to the responsibility of Germany and the EU to help the negotiation process succeed.

Verhandlungen zu einem globalen Plastikabkommen – Zeit Verantwortung zu übernehmen

Standpunkt

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Publication:Video
 
This info film shows in seven minutes how to use the Clearingstelle EEG|KWKG's database. How to make a request, what types of procedures there are and how a procedure is carried out at the Clearingstelle EEG|KWKG. The film was produced by Ecologic Institute.

Infofilm Clearingstelle EEG|KWKG

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Publication:Case Study
 
Cover of the case study Austria on "Species protection rules under the Birds and Habitats Directives: how effectively are they integrated into sectoral policies?"
The Ecologic Institute undertook comprehensive country studies for Germany and Austria focusing on the integration of species protection rules, specifically within the forestry sector, under the Birds and Habitats Directives. The country profiles are focusing on how thoroughly the regulations are transposed into national law, to reveal what efforts are being made to provide information about them to foresters and enforce them and to evaluate assessment and authorization procedures.

Species Protection Rules under the Birds and Habitats Directives – Forestry: Country studies

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Publication:Report
 
Cover of the publication "Datengovernance und -regulierung für ein nachhaltiges Berlin. Übergeordnete Erkenntnisse und Empfehlungen"
This paper describes important findings from the project "Data Governance and Regulation for a Sustainable Berlin" and formulates – in addition to the application field-specific papers – overarching recommendations.

Datengovernance und -regulierung für ein nachhaltiges Berlin

Übergeordnete Erkenntnisse und Empfehlungen

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Publication:Report
 
Cover of the final report "EU Single-Use Plastics Directive - analysis of provisions and potential measures regarding extended producer responsibility"
This final report assesses the Extended Producer Responsibility (EPR) provisions of the SUP-Directive with a view to its implementation in the Member States. The focus of this analysis lays on those aspects that represent novelties as compared to other EU legislation on EPR, and thus raise legal questions that have not been addressed before, especially regarding the cleaning up of litter from relevant SUP products.

EU Single-Use Plastics Directive

Analysis of provisions and potential measures regarding extended producer responsibility

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Publication:Article
 
Preview of an CCLR article on different devices
The German Federal Constitutional Court's decision of March 2021 declared the Climate Change Act partially unconstitutional because it did not sufficiently protect fundamental rights. While the Court upheld the Act's objective of climate neutrality by 2050 and emission budgets until 2030, it held that the Climate Change Act violated fundamental rights for the time after 2030: The specific emissions budgets until 2030 entailed that strict measures would likely be required after 2030 in order to achieve climate neutrality. The Climate Change Act failed to sufficiently address in advance how this would affect individual freedoms. Dr. Ralph Bodle and Dr. Stephan Sina provide an overview of the main findings of the decision as well as the ensuing amendments to the Climate Change Act, which were passed within just a few months after the decision and are subject to new constitutional challenges.

The German Federal Constitutional Court's Decision on the Climate Change Act

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Publication:Report
 
cover of the publication "Nachhaltige Datenregulierung für die Kreislaufwirtschaft in Berlin. Hintergründe und Policy-Empfehlungen"
This paper examines the concept of an "extended" digital product passport from a socio-ecological perspective using the example of batteries for electric vehicles. It evaluates different approaches to data regulation and formulates policy recommendations for decision makers in Berlin. It is based on preliminary work from the project, in which in particular three ideal types of data regulation and a methodology for their scenario-based evaluation were developed.

Nachhaltige Datenregulierung für die Kreislaufwirtschaft in Berlin

Hintergründe und Policy-Empfehlungen

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Publication:Article
 
Screen shot of the Article International Soil Governance
This introductory overview of international soil governance first outlines essential features of international governance by Dr. Ralph Bodle. At the international level, there is no overarching central or superior authority. Rules and other measures normally do not have direct effect at national level; they need to be implemented by their addressees. In contrast to other environmental topics, states have for a long time been reluctant to engage in soil governance at the international level. As a result, international soil governance is piecemeal and spread over parts of different institutions and processes, each of which has limitations. The Sustainable Development Goal “land degradation neutrality” on its own is not a comprehensive soil policy, but its forward-looking planning element in particular is a useful starting point for guiding national policies and further work. While binding rules are not an end in itself, new treaty obligations relating to soil protection could be useful to address gaps and shortcomings in current governance and focus international commitments. Climate change provides an opportunity to increase soil protection e.g. through the climate regime, but there are also risks if soil protection was pursued solely from a climate perspective.

International Soil Governance

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Publication:Podcast
 
This podcast of the European network of think tanks "Think Sustainable Europe" is discussing the main outcomes of the climate negotiations at COP26 in Glasgow. The climate conference and its outcomes were received with a range between careful optimism and disapppointment on the little progress. Following the invitation of the Institute for European Environmental Policy (IEEP), one of Ecologic Institute's climate negotiation experts, Arne Riedel, joined Michael Nicholson (IEEP) and Philip Glas (IISD) for the exchange.

COP26: Overview and Main Outcomes

A Think Sustainable Europe Podcast

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Publication:Document
 
Cover of the Publication ": Improving the Commission’s proposal to reform the Climate Action Regulation for Europe (CARE)"
On 14 July 2021, the Commission proposed amendments to the Regulation 2018/842 – currently called by many the "Effort Sharing Regulation". Covering more about 60 % of the EU greenhouse gas emissions, this regulation and its reform are an essential elements of the Fit for 55 package. As a contribution to this debate, a paper by Ecologic Institute presents amendments to the Commission's proposal. Amendments are in particular intended to help ensure that all EU climate policy instruments support achieving the EU's 2050 climate neutrality target and net negative emissions afterwards.

Fit for 2050: Improving the Commission's Proposal to Amend the Climate Action Regulation for Europe (CARE)

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Publication:Report
 
Report cover with image of fish, title, and logos of participating institutions
This research report studies the Asian perspectives on a global plastic pollution treaty against the background of a growing momentum for the establishment of a negotiation process during the second part of the fifth session of the UN Environment Assembly (UNEA-5.2) in February 2022. It identifies solutions already pursued by Asian countries to tackle marine plastic pollution, describes the challenges and needs expressed by government officials from the region, and discusses possible treaty elements taking into account experiences of countries in the Asian region.

A Global Treaty on Plastic Pollution

Perspectives from Asia

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Publication:Book
 
Publication's cover
Christiane Gerstetter, Senior Fellow in Ecologic Institute's Legal Team, examines in this book how the dispute settlement bodies of the World Trade Organization (WTO) have decided non-trade cases. These are cases in which national measures that serve non-trade objectives such as environmental and health protection are under judicial scrutiny.

Substance and Style

WTO judicial decision-making in 'trade and ...' cases

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Publication:Report
 
Cover of the Report "Options under International Law to Increase Resource Efficiency"
The study analyses how global governance processes and international law can contribute to reducing resource consumption and making the utilisation of resources more efficient and effective. The study provides a stocktake and assessment of existing international law and of non-legal and certain non-governmental instruments and processes related to resource efficiency of abiotic raw materials and gives an assessment of governance proposals in academic literature. Finally, specific policy options are identified.

Options under International Law to Increase Resource Efficiency

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Publication:Report
 
Cover Measuring Progress Towards Climate Neutrality Part II
Achieving climate neutrality requires structural changes to our economic system, with solutions that work across sectors. Ecologic Institute has developed an assessment matrix based on net zero indicators that can measure climate neutrality, and proposes ways to integrate this framework into existing EU policy processes.

Measuring Progress towards Climate Neutrality – Part II

Integrating indicators in EU governance processes

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Publication:Report
 
Cover of Part I of the Report 'Measuring Progress Towards Climate Neutrality'
Achieving climate neutrality requires structural changes to our society and economic system. Ecologic Institute and IDDRI developed an assessment framework based on eleven elements with indicators to measure the progress towards climate neutrality, and proposed ways to integrate this framework into existing EU policy processes.

Measuring Progress towards Climate Neutrality – Part I

Assessing structural change through net zero indicators

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Publication:Report
 
1st page of the summary report "Measuring progress towards climate neutrality" with logos, text and infographic
Achieving climate neutrality requires structural changes to our economic system, with solutions that work across sectors. Ecologic Institute has developed an assessment matrix based on net zero indicators that can measure climate neutrality, and proposes ways to integrate this framework into existing EU policy processes.

Measuring Progress towards Climate Neutrality

How net zero indicators can improve planning and reporting in EU climate policy

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Publication:Report
 
publication's cover
For Germany to reach its climate targets, new ways of thinking mobility are essential. For the federal state of Lower Saxony, the mobility transition is particular challenging due the important role cars play in the region. The report "Ways to Sustainable Mobility" (WenaMoNi) analyses in detail where Lower Saxony stands and proposes next steps. Ecologic Institute analysed the legal framework and identified key actors promoting electric and hydrogen-based mobility. Katharina Umpfenbach and Ricarda Faber compared the existing policy instruments to best practices in other countries and to recommendations from science. The analysis shows that a policy approach built on subsidies which has been favoured so far, must be supplemented by pricing instruments if climate targets are to be reached.

NeueWege – Wege zur nachhaltigen Mobilität in Niedersachsen

Expert Opinion

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Publication:Report
 
Cover "Potenziale anderer Rechtsbereiche zum Erreichen der Ziele der Wasserrahmenrichtlinie"
This study by Ecologic Institute analyses the potential of areas of law beyond the water law to achieve the objectives of the Water Framework Directive. Germany has so far failed to achieve the various objectives of the Water Framework Directive. According to the thesis on which the study is based, reason for this is not only the lack of financial, personnel and organisational prerequisites, but also the lack of integration of water protection concerns into other areas of law beyond water law. The study is available for download.

Potenziale anderer Rechtsbereiche zum Erreichen der Ziele der Wasserrahmenrichtlinie

Abschlussbericht

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Publication:Article
 
publication's 1st page
In the context of the European Green Deal, the introduction and design of border adjustment measures is currently subject to much controversy. Upon invitation to contribute to the series "Green Deal reloaded" by the Stiftung Genshagen and the Institut Montaigne, Dr. Camilla Bausch (Ecologic Institute) analyzes the opportunities and challenges provided by the proposed border adjustment mechanism.

Bridging Divides Over the Carbon Border Adjustment Mechanism

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Publication:Book Section
 
Cover of the publication International Yearbook of Soil Law and Policy
Based on a stocktake, we present options to improve international soil governance in the short, medium and long term. The stocktake includes existing international instruments and institutions that are relevant for soil protection and its governance at the international level. It assesses the actual and potential steering effect of, inter alia, the Desertification Convention, the Biodiversity Convention, the Paris Agreement and climate regime, regional treaties, FAO, UNEP, IPBES and IPCC.

The Future of International Soil Governance

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Publication:Report
 
Publication's cover
To assist provincial authorities in Vietnam with the preparation of air quality management plans, UfU and Ecologic Institute have developed a package of three publications with concrete activities and recommendations for immediate action.

Air Quality Management Action in Vietnamese Provinces and Cities

Toolbox for Immediate Action

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Publication:Report
 
Publication cover "Local Air Quality Management"
To assist provincial authorities in Vietnam with the preparation of air quality management plans, UfU and Ecologic Institute have developed a package of three publications with concrete activities and recommendations for immediate action.

Air Quality Management Action in Vietnamese Provinces and Cities

Local Air Quality Management – Manual for combined use with the AQMA-Table

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Publication:Document
 
Publication's first page
The Climate Action Regulation (CAR aka Effort Sharing Regulation) regulates 57 % of the EU's greenhouse gas emissions. Consequently, the EU cannot achieve its new climate targets without major contributions from the sectors regulated by the CAR. This makes reforming the CAR one of the EU's most important legislative processes in 2021. There are various ideas about how to turn the CAR into a strong driver for achieving the EU's climate targets. This Ecologic Institute paper discusses these ideas, and makes proposals for reform.

Climate Action Regulation 2.0

EU Framework for Making Non-ETS Sectors Climate Neutral

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Publication:Book Section
 
Cover of the publication "National Climate Change Acts"
National framework laws represent the most concrete form in which climate governance systems are being established. Globally, the number of such framework laws is growing, with the majority arising around the time of the adoption of the Paris Agreement or shortly thereafter – especially those that include a long-term time horizon (e.g., 2050). Even without a detailed empirical analysis, arguably there has been an evident 'Paris momentum' behind the spread of these national climate laws. In chapter 2 "‘Paris Compatible’ Climate Change Acts? National Framework Legislation in an International World" of the book "National Climate Change Acts. The Emergence, Form and Nature of National Framework Climate Legislation", Matthias Duwe and Dr. Ralph Bodle show how national climate policy is at least partly determined by obligations at the supranational level, in particular of the European Union (EU), and at the international level.

'Paris Compatible' Climate Change Acts?

National Framework Legislation in an International World

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Publication:Fact Sheet
 
Cover of the fact sheet "Fish Protection Targets in Europe"
This Fact Sheet provides an overview of the European legal basis for fish protection at hydraulic engineering structures. The fact sheet "Fish protection targets in Europe" is available for download.

Fish Protection Targets in Europe

Overview of the European legal basis for fish protection at hydraulic construction sites

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Publication:Report
 
This research report by Ecologic Institute identifies ways in which Germany can improve international soil governance in the short, medium and long term. It begins with an inventory of existing international instruments and institutions relevant to soil governance at the international level. It assesses the actual and potential steering effects of international treaties such as the Convention to Combat Desertification, the Convention on Biological Diversity, the Paris Agreement on Climate Change and the climate regime as well as regional agreements. It also analyses the activities of FAO, UNEP, IPBES and the activities of the IPCC.

Improving International Soil Governance

Analysis and recommendations

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Publication:Report
 
This report prepared by Valerie Fogleman with assistance of Ecologic Institute examines and analyses financial security for liabilities under the Environmental Liability Directive (ELD) in Member States in which it is voluntary and those in which it is mandatory (the Czech Republic, Ireland, Portugal, Slovakia and Spain). It focuses on insurance because the vast majority of Member States have not introduced mandatory financial security for ELD liabilities.

Improving Financial Security in the Context of the Environmental Liability Directive

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Publication:Report
 
The vade mecum on complaint-handling and citizen engagement delivers one of the nine actions in the European Commission's 2018 environmental compliance assurance action plan. It was prepared between May 2018 and May 2019 by Directorate-General Environment of the European Commission together with the Ecologic Institute and individual experts nominated by members of the Environmental Compliance and Governance Forum.

Environmental Compliance Assurance VADE MECUM

Complaint-handling and citizen engagement

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Publication:Article
 
To combat the Corona Crisis, states are pushing their limits. Nils Meyer-Ohlendorf argues in the Tagesspiegel that this should not happen in climate policy. There is no "what-ever-it-takes-response" to stop the advanced climate crisis but only swift and continuous action now.

Klimaschutz in der Corona-Krise verlangsamen?

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Publication:Document
 
Meyer-Ohlendorf, Nils 2020: A European Climate Law. Analysis of the European Commission proposal. Ecologic Institute: Berlin.

A European Climate Law

Analysis of the European Commission proposal

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Publication:Article
 
The EU Commission's proposal for an EU climate law marks important progress. It sets an unmistakable target for climate neutrality in the EU by 2050, writes Nils Meyer-Ohlendorf in the Tagesspiegel. Nevertheless, the proposal has five gaps that should be closed during the legislative process.

Fünf Lücken im EU-Klimaschutzgesetz

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Publication:Report
 
No two climate laws are the same, but an analysis of nine existing laws in Europe finds that most draw on a set of common design elements to streamline action, align policy goals, establish expert and public review mechanisms and monitor progress towards national climate goals. The assessment of the existing national legislation highlights good practices and also identifies several improvements to European climate governance that could be made via the pending EU climate law.

Climate Laws in Europe

Good Practices in Net-Zero Management

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Publication:Article
 
Dr. Stephan Sina, Senior Fellow at Ecologic Legal, has published an article on the Federal Climate Protection Act in the first edition of this year's Neue Zeitschrift für Verwaltungsrecht (NVwZ). The contribution is a joint effort by several authors, two of them officials at the Federal Ministry of the Environment, Nature Protection and Nuclear Safety (BMU) who have worked on the Climate Protection Act. The article presents the main elements of the new law and discusses its legal and practical impact. It can be obtained via the website of the NVwZ.

Das Bundes-Klimaschutzgesetz

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Publication:Article
 
Public opinion seems to have settled on the conviction that the climate crisis is Europe's latest political divide - after migration, the Euro and conflicts over the rule of law. But there is another story that needs to be told. Climate policies have always been contentious. They are bound to be. But contrary to the growing perception of climate policies as Europe's new political divide, climate is a policy field where Europe works together, writes Nils Meyer-Ohlendorf in the Tagesspiegel.

Klimapolitik trennt Europa nicht

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Publication:Document
 
The European Commission will propose a European Climate Law in early March 2020. This 'Law' is a critical step to make Europe climate neutral. It can close gaps in existing EU climate rules. These gaps will impede the EU from becoming climate neutral before 2050. A new Ecologic paper presents a draft European Climate Law. The paper is available for download.

A European Climate Law – Draft

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Publication:Report
 
Ursula von der Leyen, the new President of the European Commission, took office today, on 1 December 2019. As one of her first proposals, she promised to propose a European Climate Law in the first 100 days of her term in office. This 'Law' is a critical step to make Europe climate neutral. It can close gaps in existing EU climate rules. These gaps will impede the EU from becoming climate neutral before 2050. A new paper by Ecologic Institute discusses what a European Climate Law should look like, and how it could close existing gaps. The paper is available for download.

A European Climate Law – What Should It Look Like?

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Publication:Policy Brief
 
The discussion paper presents the rationale for a new treaty on tackling plastic waste and highlights its possible added value. The objective would be to reduce marine plastic litter through a comprehensive approach that also includes land-based sources, a life cycle approach to plastic and is open to future developments. The purpose would not be to prohibit plastics as such.

A Treaty on Plastic Waste

Discussion paper

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Publication:Knowledge for Future – The Environment Podcast
 
As Germany is debating the introduction of a national climate law, it can build on the experiences that already exist at many levels. Several fellow EU Member States have already adopted such framework laws, for example, to help them manage the achievement of their climate targets. But what do the existing climate protection framework laws actually look like at European level? This is the question addressed in the sixth episode of the environmental podcast "Knowledge for Future".

Klimaschutzgesetze in Europa – Von anderen lernen

6th episode of "Knowledge for Future – The Environment Podcast"

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Publication:Knowledge for Future – The Environment Podcast
 
The German government has stated its intention to implement a climate protection law this year. Half of the German federal states already have such laws, and a good third of the EU's Member States, do too. So what does such a framework climate law actually do? And what has to be included in such a law in order for it to be effective? These are the questions addressed in the fifth episode of the environmental podcast "Knowledge for Future". It draws on the background information of several related publications produced by Ecologic Institute.

Klimaschutzgesetze in Deutschland – In guter Gesellschaft

5th episode of "Knowledge for Future – The Environment Podcast"

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Publication:Article
 
The new President of the European Commission, Ursula von der Leyen, has promised a European climate law. What it should look like describe Nils Meyer-Ohlendorf and Katharina Umpfenbach in the Tagesspiegel. The law should close five gaps.

Ein europäisches Klimaschutzgesetz

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Publication:Document
 
Publication Cover with title, author names and publishes logos
As part of a project to structure the energy law, Ecologic Institute contributed to concluding recommendations on the "Improved disclosure of subsidised renewable energy quantities and general electricity disclosure in Germany". The recommendations include general recommendations for the further development of accounting instruments of electricity disclosure, measures to improve the disclosure of supported electricity from renewable sources, additional measures on the format and content of electricity disclosure, and monitoring.

Weiterentwicklung der Ausweisung geförderter EE-Mengen und der allgemeinen Stromkennzeichnung in Deutschland

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Publication:Policy Brief
 
Climate planning for 2050 has become a core strand of debate in the European Union. Focus has shifted to a potential revision of the EU's long-term climate objectives within the context of a new 2050 strategy, which is to be submitted to the United Nations under the Paris Agreement by 2020. In parallel, all EU Member States must develop national strategies of their own, albeit with little central guidance and no overarching structure in place for collaboration.

Planning for 2050 – Shifting the focus towards long-term climate objectives

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Publication:Website
 
The RECIPES website (REconciling sCience, Innovation and Precaution through the Engagement of Stakeholders) provides an overview of the project objectives, structure and partners as well as events and news related to relevant project results. Reports, policy briefs, factsheets, recommendations and newly developed tools for policy makers will be regularly promoted on the website. Ecologic Institute is responsible for the concept, design, programming and update of the website. User can directly subscribe for the mailing list.

RECIPES Precaution – Innovation – Science

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Publication:Report
 
A 2018 report co-published by Interpol estimates the annual turnover generated by environmental crime at 110 - 281 billion US dollars. Environmental crime causes significant damage to the environment and public health. This report presents insights on environmental criminal law and its application in Germany. It is the result of a research project carried out by Ecologic Institute for the German Federal Environment Agency (Umweltbundesamt). The report is available for download.

Status quo und Weiterentwicklung des Umweltstrafrechts und anderer Sanktionen

Instrumente zur Verbesserung der Befolgung von Umweltrecht (Compliance)

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Publication:Report
 
This study by Ecologic Institute shows that Germany can learn a lot from experiences made in its neighbouring countries to give its climate policies a robust framework and thus make it more reliable, also for investments in climate-friendly measures. At the same time, Germany could establish a new standard through legislation adapted to the latest EU requirements, which would than again serve as an example for our neighbours.

Klimaschutzgesetze in Europa

Überblick und Bedeutung für ein deutsches Klimaschutzgesetz

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Publication:Report
 
In the current debate about a Federal Climate Change Act, people often overlook that in Germany about half of the federal states already have a climate change law as a comprehensive legal framework. In a study for WWF Germany, Ecologic Institute gives an overview over core elements of federal climate change laws and their impact on a potential Federal Climate Change Act. The study underlines the added value of such climate change laws. It concludes that climate change laws at the federal and state levels are not only compatible but strengthen each other. The study can be downloaded at the WWF website.

Landesklimaschutzgesetze in Deutschland

Überblick und Bedeutung für ein Klimaschutzgesetz des Bundes

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Publication:Report
 
The research report by Ecologic Institute provides a legal assessment of whether German law is suitable to achieve the sustainable development goal "land degradation neutral word" (LDN) by 2030, and recommends options for improvement. The analysis focuses on rules for erosion, sealing by human settlement and pollution by industry. The report also compiles and explains key insights and lessons learned in English, as a contribution to the international discussion on implementing LDN. The report is available for download.

Geeignete Rechtsinstrumente für die nationale Umsetzung der bodenbezogenen SDGs, insbesondere des Ziels einer 'land degradation neutral world'

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Publication:Report
 
Coevr of the final report "Investigation of elements in support of the global post 2020 framework for chemicals and waste"
This analysis considers options for the global post-2020 chemicals and waste regime. It has been prepared with a view to the intersessional process underway concerning the future of the Strategic Approach to International Chemicals Management (SAICM) after 2020, as well as the recently launched Alliance for High Ambition on Chemicals and Waste and the parallel explorations concerning global arrangements to address plastic pollution and highly hazardous pesticides (HHPs). These issues overlap and will need to be considered for the post-2020 chemicals and waste management regime. The analysis is available for download.

Investigation of Elements in Support of the Global Post 2020 Framework for Chemicals and Waste

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Publication:Report
 
Marine plastic pollution is a fast growing problem and it is not yet possible to estimate how severe the impacts currently are. Between 4.8 and 12.7 Mt of plastics ends up in the ocean each year, adding to the uncontrolled plastic waste already floating around the world’s seas. Despite many good initiatives and action plans, the world is about to lose the overall battle. There is an urgent need to vibrantly address the plastic pollution crisis of the oceans on a global level. This report by adelphi and Ecologic Institute provides suggestions in this regard. The report is available for download.

No More Plastics in the Ocean

Gaps in Global Plastic Governance and Options for a Legally Binding Agreement to Eliminate Marine Plastic Pollution

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Publication:Video
 
Since industrialisation, the average air temperature worldwide has risen by one degree, whereas in the Arctic by five degrees. This leads to rapid changes with serious consequences. This animated explanatory video by the UBA explains what this has to do with us in Germany, 2000 kilometers away. It outlines the federal government's commitment to the Arctic and what each individual can do to protect the Arctic.

Spuren in der Arktis

Deutsches Engagement zum Schutz der arktischen Region

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Publication:Flyer
 
In this flyer, the Federal Environment Agency summarises the essential information on the focal points of the environmental guidelines for a German Arctic policy. Ecologic Institute was responsible for creating the flyer based on the Federal Environment Agency's design.

Für den Erhalt der Arktis – Flyer

Wie kann Deutschland dazu beitragen?

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Publication:Report
 
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.

Local Communities and Indigenous Peoples Platform

potential governance arrangements under the Paris Agreement

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Publication:Report
 
The Commission's proposal for Article 10 of the Regulation for the Governance of the Energy Union (GReg) and the related positions of the Council and the Parliament are currently being negotiated. In this report Ecologic Institute's Dr. Heidi Stockhaus analyses the proposals in the light of the EU’s obligations under the Aarhus Convention and highlights the shortcomings that need to be addressed.

Stakeholder Exclusion Likely? Public Participation under the Governance Regulation

An Assessment of Article 10 in the light of the Aarhus Convention

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Publication:Document
 
publication's cover
As part of a project to structure the energy law, Ecologic Institute contributed to a discussion paper on conceptual considerations on the concept of plant in the Renewable Energy Act . Based on the functions of the term "plant", the authors recommend a new conceptualization, according to which the current abstract term "plant" is replaced by energy carrier-specific terms "plant", which are first combined in a catalog to form a uniform term "plant". The discussion paper is available for download.

Konzeptionelle Überlegungen zum Anlagenbegriff des EEG

Diskussionspapier

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Publication:Report
 
Ecologic Institute analysed how three key elements of the Paris Agreement are being taken up in the EU: the long-term objectives, the 5-year pledge & review process and the planning instrument "long-term strategies".

Happy Birthday, Paris Agreement! Here is how the EU will be celebrating

State of play on the negotiations on the Energy Union Governance Regulation on three core elements of the Paris Agreement

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Publication:Report
 
The study analyses the coverage of environmental impacts in EU impact assessments and identifies lessons for Germany and the European Union. The focus is on how environmental effects – qualitatively, quantitatively and in monetary terms – are taken into account in the EU impact assessment process, especially in comparison to economic and social impacts. The study is available for download.

Coverage of Environmental Impacts in EU Impact Assessments

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Publication:Report
 
Cover of the Publication "PRR_Gesetz (SchadRegProtAG). Kommentar". Cover photo: Aisle between two rows of bookshelves towards a window
This commentary on the SchadRegProtAG is primarily intended as a legal working aid for practice and is aimed at the enforcement authorities and the operators of potentially reportable operating facilities.

PRTR-Gesetz (SchadRegProtAG)

Kommentar

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Publication:Article
 
In their 2007 publication for the first issue of CCLR, Dr. Camilla Bausch, Director of Ecologic Institute, and Michael Mehling, Partner and Board Member of the Institute, took stock of progress with climate negotiations under the United Nations. Now, a decade later, they have revisited their assessment, tracing the tumultuous path of negotiations since 2007, and pointing to milestones in the journey, major achievements, as well as challenges that lie ahead.

Negotiating Climate Change in the UN

Same Procedure as Every Year? Not Quite!

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Publication:Document
 
Publication's cover
As part of a project to structure the energy law, Ecologic Institute contributed to a working paper on improved disclosure of subsidized electricity from renewable energy sources in electricity labelling. In this paper, criticisms of the regulations on the disclosure of EEG electricity in electricity labeling are evaluated and proposals for further development are presented. The discussion paper is available for download.

Verbesserte Ausweisung geförderter Strommengen aus erneuerbaren Energien im Rahmen der Stromkennzeichnung

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Publication:Book Section
 
Cover of the book "The Paris Agreement on Climate Change"
This chapter first analyses the legal structure of the overall Paris Outcome in terms of the legal status of the different texts, how they are linked, and how they together form the new climate regime. The chapter then looks at the structure of the Paris Agreement's content, i.e. how its individual provisions work together. Finally, it provides a bird's eye view of the legal nature of individual sections and provisions, and concludes with some further insights.

Legal Form of the Paris Agreement and Nature of Its Obligations

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Publication:Book Section
 
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.

Energie- und Umweltgovernance in der Arktis

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Publication:Book
 
The first volume of the International Yearbook of Soil Law and Policy includes an important discussion on the implementation of the Sustainable Development Goals that are the basis for the post-2015 development agenda up to the year 2030; the Yearbook focuses in particular on Goal 15, which includes achieving a "land degradation-neutral world." It also provides a comprehensive and highly informative overview of the latest developments at the international level, important cross-disciplinary issues and different approaches in national legislation. Ecologic Institute's Timo Kaphengst contributed to the chapter on "The UN Convention on Biological Diversity and Soils: Status and Future Options". Elizabeth Dooley had been involved as advisory editor.

International Yearbook of Soil Law and Policy 2016

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Publication:Article
 
Preview of an CCLR article on different devices
Despite limitations in the legal detail, the Paris Agreement's political narrative goes way beyond its legal text. The approach is an experiment that relies on the national determination of efforts combined with the persuasive impact of the transparency framework and the regular taking stock of progress. The future details to these elements could be crucial for safeguarding ambition.

The Paris Agreement: Rebooting Climate Cooperation

The Paris Agreement: Analysis, Assessment and Outlook

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Publication:Report
 
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.

Regulatory Cooperation under CETA

Implications for Environmental Policies

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Publication:Report
 
The objective of this briefing was to provide Members with an overview of the key issues at stake at the CITES COP 17 and to introduce the new role of the EU as a single Party entity. A short overview of the history of CITES was provided, along with the current positions of the main Parties on key issues of importance. The brief identified main conclusions and recommendations for Members of the ENVI Committee to establish their own perspectives on the subject of CITES and the potential role of the EU. The briefing was conducted using published documents, press releases, official position papers, studies and other relevant sources from national, international and EU institutions and NGOs. The document is available for download.

EU Accession to CITES

Main Issues and Positions for the 17th COP

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Publication:Document
 
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.

Early Ratification of the Paris Agreement by the EU

Legal implications

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Publication:Article
 
Cover Climate Law
This article analyses the legal form and nature of the Paris Agreement. Dr. Ralph Bodle and Prof. Sebastian Oberthür argue that the Paris Agreement constitutes an international treaty whose prescriptive and precise legal obligations are primarily procedural and focused on 'nationally determined contributions' (on mitigation) and the core transparency framework.

Legal Form and Nature of the Paris Outcome

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Publication:Conference Paper
 
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.

The Paris Agreement: Analysis, Assessment and Outlook

Background paper for the workshop "Beyond COP21: what does Paris mean for future climate policy?"

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Publication:Case Study
 
Despite the European Union's efforts to promote good governance in Armenia, economic resources and political power have become interwoven in often illicit ways. Corruption is widespread at all levels of the state apparatus. Against this background, this case study, co-authored by Christoph Stefes and Katherine Weingartner of Ecologic Institute, looks at the causes of environmental crime in Armenia-taking the mining sector as an example-and describes measures that the European Union could take to contribute to preventing future environmental crime in the country. The case study is available for download.

Environmental Crime in Armenia: A Case Study on Mining

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Publication:Report
 
This report, created as part of the CECILIA2050 project, gives an overview of climate policy approaches in Germany, Poland, the United Kingdom, as well as the European Union as a whole. After highlighting the different legal and institutional structures, it provides conclusions and recommendations regarding the regulatory approach.

The Role of Law and Institutions in Shaping European Climate Policy

Institutional and Legal Implications of the Current Climate Policy Instrument Mix

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Publication:Article
 
In this article, Ecologic Institute's Lena Donat and Ralph Bodle provide a structured approach for developing and evaluating options for a dynamic adjustment mechanism in the 2015 climate agreement. To ensure that the 2015 Agreement, that is currently being negotiated under the United Nations Framework Convention on Climate Change (UNFCCC), provides an effective response to climate change over time, it needs to encorporate flexible and dynamic elements. This should include a possibility for Parties to regularly adjust their mitigation commitments so as to increase the level of ambition and to reflect changing circumstances.

A Dynamic Adjustment Mechanism for the 2015 Climate Agreement

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Publication:Report
 
The international community has come up with numerous and often complex suggestions for the design of a new climate agreement to be adopted during the 21st session of the Conference of the Parties (COP21) in Paris in 2015 (‘2015 Agreement’). These design options are currently being discussed under Workstream 1 of the ‘Ad-hoc Working Group on the Durban Platform for Enhanced Action’ (ADP) by Parties to the UNFCCC. This report provides a practical criteria matrix to assist policy makers in evaluating and comparing different proposals for the 2015 Agreement.

Criteria for Evaluating Climate Policy Scenarios

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Publication:Report
 
Based on a comprehensive analysis of the existing regulatory framework and its gaps, the authors of Ecologic Institute identify general options and specific recommended actions for the effective governance of geoengineering. A key consideration is that the recommendations can be implemented in practice.

Options and Proposals for the International Governance of Geoengineering

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Publication:Book Section
 
Riedel, Arne (2013): "Regulation of Fisheries in the Arctic High Seas - Going Forward with a Sidestep?", in: Timo Koivurova, Waliul Hasanat (Eds.): Current Developments in Arctic Law, 42-44.

Regulation of Fisheries in the Arctic High Seas

Going Forward with a Sidestep?

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Publication:Report
 
Cover of the CECILIA2050 report "The Role of Law and Institutions in Shaping European Climate Policy. Institutional and legal implications of the current climate policy instrument mix"
This report provides a conceptual, a legal and an institutional overview of the European Union as well as three Member States – Germany, Poland and the United Kingdom – to highlight prominent regulatory approaches. The three Member States were chosen for their contrasting characteristics: they represent different legal systems, different approaches to governance, and different historical attitudes towards certain regulatory approaches. Besides arguably differing in their overall approach to climate policy, they have chosen different instruments with which to accomplish EU climate and energy provisions. Lastly, while the United Kingdom and Germany are "old" Member States, Poland is one of the "new" Member States of the EU.

The Role of Law and Institutions in Shaping European Climate Policy

Institutional and legal implications of the current climate policy instrument mix

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Publication:Book Section
 
Cover of the boook "Climate Change and the Law"
Geoengineering describes a range of techniques that are proposed to counteract some of the negative impacts of climate change at a global scale, without actually reducing emissions. This chapter provides an overview of geoengineering techniques and the existing international law applicable to them.

Climate Law and Geoengineering

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Publication:Document
 
Does international law allow implementing climate policies of different speeds? Can countries form pioneer alliances for ambitious climate protection or are the UN Framework Convention and the Kyoto Protocol a straight jacket? A new Ecologic paper answers these questions. It discusses whether and in what form legally binding measures outside the Convention are lawful and meaningful. The paper is available for download.

Möglichkeiten der völkerrechtlichen Umsetzung einer Klimapolitik der unterschiedlichen Geschwindigkeiten (KluG)

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Publication:Report
 
Developing countries are the main providers of genetic resources and traditional knowledge. Conversely, most intellectual property rights (IPRs) on seeds and medicines are concentrated in developed countries. This has some disadvantages for developing countries. Thus, patents on seed or pharmaceutical products sometimes make the access to such products for the poor more difficult and expensive; there are hardly any positive effects of IPRs on fighting poverty by contrast. This is the result of a study for the European Parliament that Ecologic Institute helped to write. The study, which was written by Ecologic Institute (Christiane Gerstetter, Christine Lucha, Katriona McGlade and Elizabeth Tedsen) and Vrije Universiteit Brussel is available for download.

Intellectual Property Rights on Genetic Resources and the Fight Against Poverty

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Publication:Article
 
In this article, the online edition of IP Global, Germany's leading foreign policy magazine, Sascha Müller-Kraenner, Senior Policy Advisor of Ecologic Institute, looks at the outcomes of the COP 10 of the UN Convention on Biological Diversity (UNCBD) in Nagoya, Japan, and the reasons behind them. His analysis points to opportunities on the road ahead for the international climate negotiations beyond the UNFCCC COP 16 in Cancun, Mexico, at the end of 2010.

Lessons for Cancun: Why biodiversity negotiations at Nagoya succeeded where Copenhagen failed

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Publication:Book
 
Lawyer Anke Rostankowski, who works as an Associate at Ecologic Institute, contributed to the latest commentary on the German Renewable-Energy-Heat-Law. This issue of the renowned commentaries EEWärmeG: Erneuerbare-Energien-Wärmegesetz of the Beck Verlag deals with the legal and technical experiences that have been gained with the law.

EEWärmeG

Erneuerbare-Energien-Wärmegesetz – Kommentar

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