Bücher der Reihe Schriften zum Umweltrecht

»Non-Intervention Management and Wilderness Development«While nature conservation until the late 20th century was largely dominated by measures of protection, maintenance and restoration, i.e. a static or preservative approach was pursued, nowadays an opposing paradigm prevails in some places. Certain parts of the landscape should be left to their natural dynamics and develop as far as possible without human intervention. This thesis deals with the legal basis and legal implications of this conceptual realignment.

»Legal doctrines in environmental law concerning business secrets - a multi-level analysis«: The study analyzes legal regulations in environmental law concerning business secrets and contextualizes them in a multipolar legal relationship between corporation, state and individual. In doing so the author tries to develop essential and universal characteristics for the application of those regulations that are effectual regardless of the specific background of the regulation.

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»The Aarhus Convention Compliance Committee (ACCC). Institution, Findings, Controversies«: Since 2004, the Aarhus Convention Compliance Committee (ACCC) has been monitoring compliance with the Aarhus Convention, helping to make the treaty one of the most successful multilateral environmental agreements (MEAs). Florian Zeitner gives a comprehensive description of the uniquely designed non-compliance procedure at the centre of which is the ACCC. Special consideration is given to the case ACCC/C/2008/32 (part II) (European Union). The amendments to the Aarhus Regulation, which will be fully applicable from 29 April 2023, are comprehensively addressed.

»Early 21st Century Environmental Law. Collected Papers«: Fifteen collected papers written by Michael Kloepfer scrutinize post-millennial developments in German Environmental Law. The papers explore Environmental Law's history and recent developments. They consider its intersections with regulations in areas such as agriculture, disaster prevention, antitrust or public procurement. They survey cooperation between governmental and private actors and pay special solicitude to the notion of >environmental justice< - especially regarding climate change litigation.

»Networks Complementing the Compliance Assurance Toolkit in EU Environmental Law«: As guardian of the Treaties, the Commission is responsible for assuring compliance with EU environmental law. In addition to the enforcement by means of infringement procedures, the Commission uses informal instruments to monitor and promote member state's compliance performance. In doing so, it has recognized the potential of cooperation between state authorities in Europe-wide networks and integrated this into its own supranational compliance assurance strategy.

»The Justiciability of Climate and Environmental Protection. Effective Legal Protection as a Response to Structural Enforcement Deficits«: The title of the thesis is simultaneously the problem and the objective. Despite the right of associations to sue under the UmwRG, large parts of environmental and climate protection remain in the responsibility of the executive and legislative power. An objective-legal orientation, non-binding declarations of intent and much more complicate justiciability. The thesis shows at which points the executive and legislative >black box< can and must be opened for the judiciary.

»Management and Protection of Special Areas of Conservation. A Legal Examination of the Conservation and Protection Obligations under Art. 6(1) and (2) of Council Directive 92/43/EEC with Complementary Reform Proposals«: The thesis concentrates on open legal questions concerning the general protection measures of the European site protection pursuant to Articles 6(1) and 6(2) of the Habitats Directive. These are analyzed in the context of the lack of effectiveness of the measures and legal solutions are developed. Furthermore, the study articulates reform suggestions for the directive's textual framework.

»Procedural Climate Protection. >Climate< as a Protected Good in Environmental Impact Assessment«: The procedural concept of environmental impact assessment has existed today for over 30 years. Against the background of current challenges, the author turns to the question of the extent to which environmental impact assessment can be made fruitful for global climate protection. The author shows that global climate is part of the task profile of an environmental impact assessment. Based on the practical difficulties identified, the author recommends the use of the scope model to operationalise the legal obligations.