‘Human Rights Are Not Against Society’: On Standing in Climate Change Litigation
© Lexxion Verlagsgesellschaft mbH (3/2023)
Bei Klimaklagen hängt der Zugang zu Gericht in besonderem Maße von der Abgrenzung subjektiver Rechte von kollektiven Interessen ab. Wie die Zuordnung individuell geschützter Rechte im Einzelfall vorgenommen wird, bestimmt sich in erster Linie nach der jeweiligen Rechtsordnung. Doch lassen sich von den Gerichten entwickelte dogmatische Herangehensweisen teilweise übertragen. Dieser Beitrag arbeitet auf rechtsvergleichender Grundlage vier Vorschläge im Umgang mit standing bei Klimaklagen heraus und begegnet so der Spannungslage, in der sich subjektiver Rechtsschutz im Licht des Klimawandels befindet.
© Lexxion Verlagsgesellschaft mbH (3/2023)
Bei Klimaklagen hängt der Zugang zu Gericht in besonderem Maße von der Abgrenzung subjektiver Rechte von kollektiven Interessen ab. Wie die Zuordnung individuell geschützter Rechte im Einzelfall vorgenommen wird, bestimmt sich in erster Linie nach der jeweiligen Rechtsordnung. Doch lassen sich von den Gerichten entwickelte dogmatische Herangehensweisen teilweise übertragen. Dieser Beitrag arbeitet auf rechtsvergleichender Grundlage vier Vorschläge im Umgang mit standing bei Klimaklagen heraus und begegnet so der Spannungslage, in der sich subjektiver Rechtsschutz im Licht des Klimawandels befindet.
Challenges for the Traceability of NGTs From a Legal Perspective
© Lexxion Verlagsgesellschaft mbH (11/2022)
The regulation of new genomic techniques (NGTs) by European gene echnology law is not only of scientific-academic value, but also affects quite considerable economic interests. While the use of the corresponding technologies in the “red sector” – i.e. for human medical purposes – is still viewed with restraint in view of the risks to human health that are to be ruled out, the hoped-for multi-billion revenues in the “green sector” of plant biotechnologymean that less restraint tends to be exercised here.
© Lexxion Verlagsgesellschaft mbH (11/2022)
The regulation of new genomic techniques (NGTs) by European gene echnology law is not only of scientific-academic value, but also affects quite considerable economic interests. While the use of the corresponding technologies in the “red sector” – i.e. for human medical purposes – is still viewed with restraint in view of the risks to human health that are to be ruled out, the hoped-for multi-billion revenues in the “green sector” of plant biotechnologymean that less restraint tends to be exercised here.
Circular economy from an SDG perspective: A multi-stakeholder process for developing policy options
© Lehrstuhl für Abfallverwertungstechnik und Abfallwirtschaft der Montanuniversität Leoben (11/2020)
Based on a longitudinal case study (the UniNEtZ project in Austria), which includes a multi-stakeholder involvement, we investigate the process of developing CE policies for the Austrian Federal Government from an SDG perspective. Within this context, the main research question is how multi-stakeholder processes can enable the development of CE policy options. The study thus contributes to providing a structured approach of how different stake-holders from academia, industry, research funding agencies and government collaborate, how knowledge is created and transferred within this multi-stakeholder process, and what outputs, outcomes and impacts can be realized at the national level in the context of developing CE policies using an SDG framework.
© Lehrstuhl für Abfallverwertungstechnik und Abfallwirtschaft der Montanuniversität Leoben (11/2020)
Based on a longitudinal case study (the UniNEtZ project in Austria), which includes a multi-stakeholder involvement, we investigate the process of developing CE policies for the Austrian Federal Government from an SDG perspective. Within this context, the main research question is how multi-stakeholder processes can enable the development of CE policy options. The study thus contributes to providing a structured approach of how different stake-holders from academia, industry, research funding agencies and government collaborate, how knowledge is created and transferred within this multi-stakeholder process, and what outputs, outcomes and impacts can be realized at the national level in the context of developing CE policies using an SDG framework.
Reporting of food waste in the EU – Results of current estimates in Germany
© Lehrstuhl für Abfallverwertungstechnik und Abfallwirtschaft der Montanuniversität Leoben (11/2020)
In February 2019, the German Federal Cabinet adopted the 'National Strategy for Reducing Food Waste', setting a framework for the future direction of this initiative. Among other things, it stipulated that an inter-ministerial "Indicator 12.3 Working Group" should prepare the data bases and methods for nationwide balancing of food waste generation (baseline). Based on existing 2015 data, this status quo analysis will be used as a starting point to agree on milestones for the respective sectors.
© Lehrstuhl für Abfallverwertungstechnik und Abfallwirtschaft der Montanuniversität Leoben (11/2020)
In February 2019, the German Federal Cabinet adopted the 'National Strategy for Reducing Food Waste', setting a framework for the future direction of this initiative. Among other things, it stipulated that an inter-ministerial "Indicator 12.3 Working Group" should prepare the data bases and methods for nationwide balancing of food waste generation (baseline). Based on existing 2015 data, this status quo analysis will be used as a starting point to agree on milestones for the respective sectors.
Transparency: Disclosure and Dissemination of Regulatory Data in the EU
© Lexxion Verlagsgesellschaft mbH (5/2020)
Regulatory data submitted to EU institutions, bodies, offices and agencies is – depending on the nature of such information – subject to a myriad of different transparency regimes. These regimes determine rules on disclosure following access requests, the possibilities to object to such disclosure as well as the (scope of) active dissemination of such information.
© Lexxion Verlagsgesellschaft mbH (5/2020)
Regulatory data submitted to EU institutions, bodies, offices and agencies is – depending on the nature of such information – subject to a myriad of different transparency regimes. These regimes determine rules on disclosure following access requests, the possibilities to object to such disclosure as well as the (scope of) active dissemination of such information.
Natura 2000 Forest Areas in Greece: a National Implementation Review
© Lexxion Verlagsgesellschaft mbH (2/2020)
The protection of natural habitats and species has always been an important field for legislative and political action at an EU level. The first regulatory step in this direction came in the form of Directive 79/409 on the conservation on wild birds (“Birds Directive”) which was later complemented by Directive 92/43 on the conservation of natural habitats and of wild fauna and flora (“Habitats Directive”). Both Directives are significant tools for the conservation of nature and biodiversity in the EU as they are legally binding for the Member States.
© Lexxion Verlagsgesellschaft mbH (2/2020)
The protection of natural habitats and species has always been an important field for legislative and political action at an EU level. The first regulatory step in this direction came in the form of Directive 79/409 on the conservation on wild birds (“Birds Directive”) which was later complemented by Directive 92/43 on the conservation of natural habitats and of wild fauna and flora (“Habitats Directive”). Both Directives are significant tools for the conservation of nature and biodiversity in the EU as they are legally binding for the Member States.
Legal Protection of Biodiversity of Forests in Poland
© Lexxion Verlagsgesellschaft mbH (2/2020)
Biodiversity constitutes the special value of all animated nature. It can be described as a variety of life forms with all their changeability at the micro- and macroscopic levels. It is the sumof all genes, species, habitats and natural processes that are the essence of existence on earth.
© Lexxion Verlagsgesellschaft mbH (2/2020)
Biodiversity constitutes the special value of all animated nature. It can be described as a variety of life forms with all their changeability at the micro- and macroscopic levels. It is the sumof all genes, species, habitats and natural processes that are the essence of existence on earth.
North America's First Circular Economy Framework - Challenges and Opportunities
© Wasteconsult International (5/2017)
In January 2017, the Ontario Government began implementing North America’s first circular economy waste diversion regimei ("Circular Economy Framework"), which included Independent Producer Responsibility ("IPR").
© Wasteconsult International (5/2017)
In January 2017, the Ontario Government began implementing North America’s first circular economy waste diversion regimei ("Circular Economy Framework"), which included Independent Producer Responsibility ("IPR").
Future Development of Waste Management in China According to the 13th Five-Year Plan
© Thomé-Kozmiensky Verlag GmbH (9/2016)
Municipal solid waste (MSW) known as trash or garbage consists of food waste, paper, cardboard, plastics, PET, glass, textiles, metals, wood and leather, nappies, slug, ash, etc. are arising from human and animal activities. The rapid development and urbanization of China have resulted in an increasing volume of MSW. So the problem of MSW management has become a major social problem, but one the other hand, because of their intrinsic properties, MSW are often reusable and may be considered a resource for energy recovery. The delivering quantity of household waste averages 179 million tons in China, and the amount of untreated MSW over the years has reached 7 billion tons.
© Thomé-Kozmiensky Verlag GmbH (9/2016)
Municipal solid waste (MSW) known as trash or garbage consists of food waste, paper, cardboard, plastics, PET, glass, textiles, metals, wood and leather, nappies, slug, ash, etc. are arising from human and animal activities. The rapid development and urbanization of China have resulted in an increasing volume of MSW. So the problem of MSW management has become a major social problem, but one the other hand, because of their intrinsic properties, MSW are often reusable and may be considered a resource for energy recovery. The delivering quantity of household waste averages 179 million tons in China, and the amount of untreated MSW over the years has reached 7 billion tons.
How to Optimize Recycling Rates Using Waste Incineration
© Thomé-Kozmiensky Verlag GmbH (9/2016)
The improvement of recycling and reuse of waste is becoming more and more important and it is generally preferred compared to waste incineration. In fact, the incineration of waste is often considered the last alternative when recycling of a certain waste fraction is technically not possible or there is simply no market for the corresponding fraction of the waste. But instead of considering waste incineration as being contradictory to recycling, it may also be considered as an alternative way to achieve higher recycling rates. The main goal of waste to energy is the use of the chemical energy contained in the carbon and drogen, and transfer this into thermal energy. But all other elements contained in the waste will of course also be found in the various residue streams leaving the plant. For these residue streams there are possibilities for further treatment, enabling Separation of certain elements, improvement of the quality of a residue stream to allow re-use on the market or even potential for the preparation of a new product.
© Thomé-Kozmiensky Verlag GmbH (9/2016)
The improvement of recycling and reuse of waste is becoming more and more important and it is generally preferred compared to waste incineration. In fact, the incineration of waste is often considered the last alternative when recycling of a certain waste fraction is technically not possible or there is simply no market for the corresponding fraction of the waste. But instead of considering waste incineration as being contradictory to recycling, it may also be considered as an alternative way to achieve higher recycling rates. The main goal of waste to energy is the use of the chemical energy contained in the carbon and drogen, and transfer this into thermal energy. But all other elements contained in the waste will of course also be found in the various residue streams leaving the plant. For these residue streams there are possibilities for further treatment, enabling Separation of certain elements, improvement of the quality of a residue stream to allow re-use on the market or even potential for the preparation of a new product.
