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  • 1
    Keywords: Sustainability. ; Philosophy. ; Economics. ; Law. ; Political science. ; Sustainability. ; Philosophy. ; Economics. ; Law. ; Political Science.
    Description / Table of Contents: Chapter 1: Problem and Fundaments.-Chapter 2. Idea-historical foundations and dubious (standard) objections to cost-benefit analysis -- Chapter 3. Frictions on the application level: costs and benefits, discounting, uncertainty, fact base -- Chapter 4. Collision of the cost-benefit analysis with liberal-democratic basic principles and the claim of validity of law -- Chapter 5. Cost-benefit analysis without convincing theoretical basis -- Chapter 6. Remaining relevance of cost-benefit elements in balancing.
    Abstract: With cost-benefit analysis, economic sciences cultivate a specific decision-making procedure, which has also been partially adopted in politics. Although economists do not experience the approach as normative, on closer examination the approach can be identified as an economic ethics. The present philosophical and at the same time transdisciplinary (with special legal and economic components) treatment examines the persuasive power of this approach using climate change as an example, as the most important sustainability issue. The objections raised against the economisation of decision-making with regard to the utilitarian tradition, such as the criticism of the orientation towards weighing up options, the alleged lack of distributive justice or the tendency to describe people in behavioural science as selfish, are hardly or not at all convincing on closer examination. In several respects, however, it turns out that cost-benefit analysis faces insoluble problems. Firstly, the theoretical basis of (hidden normative) cost-benefit analysis in philosophical empiricism does not seem tenable. This means the idea of empiricism that normative questions must be transformed into questions of factual (countable and reproduceable) preferences of people. Secondly, there are massive collisions of cost-benefit analysis with a liberal-democratic constitutional law, whose principles are universal ethical principles. This concerns both freedom rights (which must not depend on the ability of humans to pay) and the model of democracy and respect for the rule of law. Thirdly, insoluble problems of application arise for cost-benefit analyses, which are particularly (but not only) apparent in the context of climate protection, in general considerations as in the case of legislation as well as in individual analyses, as done when constructing a coal-fired power plant. A strongly deflated cost-benefit analysis could nevertheless contribute factual material – such as partial aspects of decision consequences that can actually be depicted in monetary terms – to ethical or legal decision-making processes. In this respect the approach appears helpful and complementary, but not beyond that.
    Type of Medium: Online Resource
    Pages: XI, 157 p. 1 illus. , online resource.
    Edition: 1st ed. 2022.
    ISBN: 9783030992842
    Series Statement: Environmental Humanities: Transformation, Governance, Ethics, Law,
    DDC: 304.2
    Language: English
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  • 2
    Keywords: Sustainability. ; Law. ; Political science. ; Economics. ; History. ; Forestry. ; Sustainability. ; Law. ; Political Science. ; Economics. ; History. ; Forestry.
    Description / Table of Contents: Chapter 1. Problem statement and research issues -- Chapter 2. Methods, environmental targets, and governance problems -- Chapter 3. Forest history and related ideas in society, economy, and law -- Chapter 4. Potential and limits of forest ecosystems on climate and biodiversity protection and implications for the legislative process -- Chapter 5. Governance analysis – existing regulations and their effectiveness -- Chapter 6. Enhanced governance options for regulatory and economic instruments.
    Abstract: This book analyses and develops overarching concepts for forest policy and forest governance and includes a detailed investigation into the historical discussion on forests. It examines opportunities and limits for negative emissions in a sector that – like peatlands – appears significantly less ambivalent compared to highly technical large-scale forms of climate geoengineering. The analysis shows that the binding climate and biodiversity targets under international law are much more ambitious than most people assume. Measured against that, the volume critically reviews the potentials of afforestation and reforestation for climate mitigation, which is often presented as the new saviour to fulfil the commitments of the Paris Agreement and to reach climate neutrality in the future. It becomes clear that ultimately only biodiverse and thus resilient forests can function as a carbon sink in the long term. The volume shows that the existing European and international forest governance approaches fail to comply with these targets and insights. Furthermore, the book develops a bundle of policy measures. Quantity governance systems for livestock farming, fossil fuels and similar drivers of deforestations represent the most important approach. They are most effective when not directly targeting forests due to their heterogeneity but central damaging factors. With regard to the dominant regulatory and subsidy-based governance for forests we show that it remains necessary to supplement these quantity governance systems with certain easily graspable and thus controllable regulatory and subsidy regulations such as a regulatory protection of old-growth forests with almost no exceptions; extension of the livestock-to-land-ratio established in organic farming to all farming; far-reaching restriction of bioenergy use to certain residues flanked by import bans; and a national and international complete conversion of all agricultural and forest subsidies to “public money for public services” to promote nature conservation and afforestation in addition to the quantity control systems.
    Type of Medium: Online Resource
    Pages: X, 241 p. 1 illus. , online resource.
    Edition: 1st ed. 2022.
    ISBN: 9783030991845
    Series Statement: Environmental Humanities: Transformation, Governance, Ethics, Law,
    DDC: 304.2
    Language: English
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  • 3
    Publication Date: 2021-03-01
    Print ISSN: 0172-1631
    Electronic ISSN: 1439-0515
    Topics: Biology , Energy, Environment Protection, Nuclear Power Engineering , Law
    Published by Springer
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  • 4
    Publication Date: 2021-03-13
    Description: 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.
    Electronic ISSN: 2071-1050
    Topics: Energy, Environment Protection, Nuclear Power Engineering
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  • 5
    Publication Date: 2021-04-01
    Print ISSN: 0172-1631
    Electronic ISSN: 1439-0515
    Topics: Biology , Energy, Environment Protection, Nuclear Power Engineering , Law
    Published by Springer
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  • 6
    Publication Date: 2021-04-22
    Description: This article analyzes the environmental opportunities and limitations of digitalization in the agricultural sector by applying qualitative governance analysis. Agriculture is recognized as a key application area for digital technologies, including artificial intelligence. This is not least because it faces major sustainability challenges, especially with regard to meeting the climate and biodiversity targets set out in the Paris Agreement and the Convention on Biological Diversity, as well as the water-related objectives of EU environmental legislation. Based on an overview of the possible applications of digital technologies in agriculture, the article offers a status quo analysis of legal acts with relevance to digitalization in the EU agricultural sector. It is found that a reliable legal framework with regard to product liability and product safety, as well as data privacy, data access, and data security is important in this context. In addition, the European Common Agricultural Policy, as the most important funding instrument for digital innovations in the agricultural sector, should be designed in such a way that it links digitalization-related objectives more closely with sustainability targets. So far, the existing EU governance does not fully exploit the potentials of digitalization for environmental protection, and sight is lost of possible negative side effects such as rebound and shifting effects. Therefore, the article also offers proposals for the optimization of EU governance.
    Electronic ISSN: 2071-1050
    Topics: Energy, Environment Protection, Nuclear Power Engineering
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  • 7
    Publication Date: 2020-05-20
    Description: 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 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.
    Electronic ISSN: 2076-3298
    Topics: Energy, Environment Protection, Nuclear Power Engineering
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  • 8
    Publication Date: 2020-07-16
    Description: Food is wasted throughout the entire food supply chain—from agricultural production to the household level. This has negative impacts on natural resources and the environment. At the same time, food waste is undermining the global target of food security. In turn, reducing food waste can minimise the environmental effects of agriculture on climate, biodiversity, soils, water bodies and the atmosphere. All of this is reflected in the fact that food waste is subject to various legal acts of the European Union and that it is also a major subject in the new EU Farm to Fork Strategy from May 2020. Supported by an analysis of the diffuse empirical data on food waste, the purpose of this article is to analyse the current EU legislation on food waste and its reduction to answer the following research questions: How is food waste integrated into European policies? What is the impact of European legislation on food waste? Is European legislation sufficient to trigger not only food waste reduction but also comprehensive changes in the agricultural and food sector to support global climate and environmental targets as set in the Paris Agreement and the Convention on Biological Diversity? Which instruments are the most suitable to do so? Methodologically, a qualitative governance analysis is applied. It is found that relevant legal acts for governing food waste include circular economy and waste law, the Common Agricultural Policy and the Common Fisheries Policy as well as food law, while international environmental targets serve as an overarching measure for governance analysis. The legal analysis shows that existing legislation lacks steering effect to significantly reduce food waste. To overcome current governance problems, the article introduces economic policy instruments. It is concluded that quantity control focusing on overarching parameters such as fossil fuels or animal-derived products has not only the potential to reduce food waste by increasing food prices but can also address the multiple interlinked environmental challenges of the agricultural and food sector.
    Electronic ISSN: 2073-445X
    Topics: Agriculture, Forestry, Horticulture, Fishery, Domestic Science, Nutrition
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  • 9
    Publication Date: 2020-06-01
    Print ISSN: 0172-1631
    Electronic ISSN: 1439-0515
    Topics: Biology , Energy, Environment Protection, Nuclear Power Engineering , Law
    Published by Springer
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  • 10
    Publication Date: 2020-07-01
    Print ISSN: 0172-1631
    Electronic ISSN: 1439-0515
    Topics: Biology , Energy, Environment Protection, Nuclear Power Engineering , Law
    Published by Springer
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