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Copyright of Nachhaltigkeitsrecht is the property of Verlag Oesterreich GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The CSDDD requires companies to carry out due diligence on actual and potential human rights and environmental adverse impacts. This means companies have to identify harmful impacts in their value chains and take appropriate measures to prevent, mitigate, or bring them to an end. In this two-part blog post, we will look at which environmental impacts are covered by the CSDDD and how they are addressed. Our intention is to provide a starting point for the debate by summarising the outcome of the legislative process, explaining how we got there, and offering some thoughts on where we might go next.

In La Oroya v. Peru, the Inter-American Court of Human Rights declared Peru responsible for violating several rights, including the right to a healthy environment, due to the environmental degradation and health crises in La Oroya—one of the world’s most polluted cities. Regarding the right to a healthy environment, the Court addresses for the first time pollution in air, water, and soil—marking a departure from previous cases that primarily focused on communal property rights and deforestation—and even goes as far as to refer to the right to a healthy environment as jus cogens. Such innovations would have not been possible without the ever-expanding horizon of Inter-American case law and approaches.

The article is devoted to the scientific and theoretical substantiation of the problem of defining the Great Baryon Pump of the Earth (GBP of the Earth) as a natural prototype of the "tree of life" and an object of environmental law that is integrated with the natural human environment. It is indicated that the authors of the article had previously investigated the issue of the relationship between the "right [of man] to the tree of life" and the biological rights of man, simultaneously touching on another important humanitarian and at the same time civilizational and legal issue - the identification of the so-called "GBP of the Earth" as material and natural prototype of the biblical metaphorical way of "tree of life". However, an even more important issue in the context of this study, which precedes this issue, is the qualification of the Earth's natural environment as an ecological object that is integrated with the natural habitat of man (his natural environment). It is proven that, according to the data of geological sciences, the GBP of the Earth in the process of rotation of the Earth on its axis, transforms the tangential acceleration (the component of acceleration directed along the tangent to the trajectory of the material point, which characterizes the change in the velocity module. – author) into radial (normal) acceleration, which explains the formation of vortex tracks on the lithosphere and pushing the Moon into a higher orbit relative to the Earth. Extrapolating its dynamics to 4.0 billion years ago - in the early eons of our planet, taking into account objective scientific data on the transformation of substances in the system of geospheres, it can be assumed that the GBP of the Earth was able to transform inanimate matter into living matter. This became a more significant and revolutionary factor, which was directed to the formation of an actor (acting subject) for the beginning of biological evolution and created the conditions for the emergence of man on Earth. In turn, the need to study the functions of the Earth's natural resources in the environmental discourse and its qualification as an object of law is a natural stage in the development of the system of ecological, noospheric law, and in the future - anthropic law as a metasystem of the natural law of our universe. Therefore, it is stated that the existence GBP of the Earth is inextricably linked with the concept of the anthropic properties of the space of our Universe in the light of the Poincaré-Perelman theorem, according to which "any single-connected closed three-dimensional manifold without an edge is a homeomorphic (continuous reversible transformation of space. – author) of the three-dimensional sphere". This theorem indicates the integrity, continuity and unbreakability of the space of our Universe from the moment of the so- called "Big Bang" (or another event similar to it) onwards: the formation of our Galaxy, the Solar System, the Earth-Moon system, the emergence of living matter, the beginning of biological evolution, the formation of Earth Man and the formation of the noosphere. On the other hand – in a functional bioecological context, the GBP of the Earth can be considered not only as an Eozoic (life-creating) object, but also as an actor that controls the continental cycle – continental drift, which is associated with the formation of the single continent of Pangea and its subsequent disintegration to separate continents. It is characteristic that in the process of geographical discoveries and human development of the global natural environment (environment), this led to the emergence of a modern picture of the world and the formation of a "topological two-circuit – shell-nuclear informational and legal structure of the noosphere". These events of the border of the XV-XVI centuries and the development of the colonial system determined the vector of the next evolution of the geopolitical landscape – its legal structuring, which, in accordance with the Legal Triad (order – rules – law) and the doctrine "rule based international order", was embodied in the picture of the modern world order. Currently, the world structure that has emerged can be imagined as a complex global-regional legal system, in the regulatory field of which there is a process of deep integration of international public law and municipal law. In turn, this has formed stable trends that indicate the active development of value ideas about biological human rights, as well as their implementation on a global scale. It is stated that the strategic goals, the achievement of which is important for the biologization of law, cannot be achieved without the identification of the Earth's natural reserve as a prototype of the "tree of life" object, and the qualification of the Earth's natural reserve as an Eozoic object that is integrated with the surrounding natural environment man (his natural environment). In addition, the resolution of the natural-law conflict that has arisen is absolutely necessary for the development of the system of international environmental law, the formation of the system of noospheric law, as well as the improvement of IL-forecasting methods in the process of strengthening the trends of global constitutionalism, noospherism and the development of the institute of biological human rights in the world civilizational legal system.

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The article examines the theoretical issues and problems of defining the object-subject composition of ecological constitutionalism, as an actual, qualitatively new phenomenon of international legal life and national constitutional-legal reality, systemic and complex phenomenology, which is the result of an integrative and synthetic combination of various factors-tendencies of national constitutional and international legal regulation in conditions of legal globalization. Such an approach is seen as a rather difficult task within the limits of both the modern theory of constitutional law and the modern theory of international law, which operates with a number of new concepts and definitions that indicatively and identifiably reflect the latest trends in state and international development - "human rights in their national and international measurement" , "international legal standards of human rights and freedoms", "global legal trends - trends of state and international development", "soft law", "fundamental principles of international public law and the expansion of their number", "dichotomy of local and global development", finally, "constitutionalization of international law and internationalization of the constitutional legal order of states." It is noted that this is determined, first of all, by powerful horizontal-vertical connections of a managerial nature that arise within the state and its society, functioning in the conditions of global constitutionalism, that is, in the conditions of the presence of general methodological approaches, principles and norms, management paradigms that determine the prospects for the general and further development of the fundamental subjects of general international law, as well as the same functional and methodological approaches to the implementation of domestic and international legal activities of public authorities in relation to the fundamental dominants of the development of statehood - the priority of human rights over the rights of the state, recognition of human rights as fundamental indicators democratic activity of the state and the international community, the principle of the rule of law as the fundamental basis of the connection of the state and its public authority by law, etc. It is proved that solving the question of determining the object-subject composition of ecological constitutionalism is characterized by a number of methodological difficulties. These include, first of all, the issue of clear understanding, interpretation and identification of the categories "object of legal regulation" and "subject of legal regulation". It is also complicated by the innovative and synthetic nature of environmental constitutionalism, which is independently determined by international legal institutions on the basis of relevant identification features. Taking into account the system-complex nature of profile phenomenology, its object is a set of social relations related to the protection and protection of the environment, as well as the rights of a person to the environment, which has an appropriate and safe condition for his life activities. The subject of legal regulation of environmental constitutionalism is social relations that are directly or indirectly related to the environment. Based on the fact that the environment is the fundamental natural space of human life, such relations can be characterized as global, but with the obligatory local, local-regional, regional, state-wide, interstate, macro-regional, global understanding, measured and implemented.

A wind of change is sweeping in the last stronghold of European petrostates: Norway. The recent decision rendered on January 18, 2024, by the District Court of Oslo in the North Sea Fields Case may testify to the demise of what was once called the Norwegian paradox, referring to Norway’s dual role as a climate leader internationally while maintaining a significant reliance on fossil fuels domestically. Despite advocating for climate action on the global stage, Norway remains the largest per capita exporter of CO2 emissions, due to its substantial petroleum industry.

Copyright of Nachhaltigkeitsrecht is the property of Verlag Oesterreich GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

South Africa’s suite of environmental laws contains many criminal sanctions and penalty provisions. Whether the criminal sanction is an effective tool that realises the constitutionally protected environmental right depends on how it is practically enforced and whether potential offenders become aware of such enforcement measures. This article reports on research aimed at collecting and analysing prosecutions for industry-related transgressions (conducted mainly in Magistrate’s Courts) and involving offences under the National Environmental Management Act (NEMA), the Waste Act, the Air Quality Act and the National Water Act. An analysis of 53 prosecutions shows that most cases resulted in convictions, half were concluded through plea and sentence agreements, half involved the conviction of individuals, no direct imprisonment penalties were imposed, and low fines were imposed in most cases. The findings include that there is some inconsistency in how different listed activities or water uses are treated as separate or consolidated criminal charges, and the exact number, outcome or trends arising from such cases are difficult to determine as there is no central, readily accessible database of concluded prosecutions. Increased access to such information would improve knowledge, implementation and the effective use of the criminal sanction through prosecutions. In turn, this would contribute to the improved realisation of the constitutionally protected environmental right.

Copyright of Nachhaltigkeitsrecht is the property of Verlag Oesterreich GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Nachhaltigkeitsrecht is the property of Verlag Oesterreich GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Nachhaltigkeitsrecht is the property of Verlag Oesterreich GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Why should we bear responsibility for the degradation of the environment? A wide range of responses is on offer to this question. Common to them all is they are all rooted in one or the other ontological and epistemic point of departure or set of premises. This raises the question of the relationship between law and religion and linkages of religion with environmental concerns. What emerges, perhaps against the volition of the scientific world, is that the foundational links between environmental law and religion are significant – even where environmentalists shirk from or even denounce religion. Justification of this view is found in concise survey of the essence of law and religion. The analysis leads to the notion of stewardship, a concept steeped in, but not exclusive to religion in its diverse manifestations. Examples of ecocentric religious attitudes – ranging from the traditions of the North American Anishinabek, aboriginal Australians and indigenous African culture to Buddhism and Hinduism, Judaism and Christianity in its principal manifestations – provide a broad picture of adherence to beliefs in human responsibility to take care of the environment. This widespread conviction of stewardship endures despite awareness of the human inability to create or sovereignly determine the course of nature (here termed "the hypothesis of incompetence").

South Africa, like many other countries worldwide, strives for sustainable development. Increasing urbanisation and climate change are two of the main drivers of the global pursuit of sustainable development. Nature-based solutions have been receiving increasing attention as a possible way not only to move cities towards environmental resilience but also to aid them in their efforts to achieve sustainability. Nature-based solutions use natural structures and ecosystems to address certain challenges experienced in and around cities and share a clear link with sustainable urban development. Nature-based solutions further aim to address social issues such as human well-being, environmental issues such as loss of biodiversity, and economic issues such as food insecurity, while sustainable urban development requires the integration of social, ecological and economic factors. Secondary cities in South Africa have been found to be located advantageously to aid development in both urbanised and more rural areas. Sustainable urban development in these cities, and possibly nationally, could be promoted using nature-based solutions, but South African law needs to be receptive thereto. This note aims to highlight briefly how and to what extent the country’s environmental law as applicable to local government is attuned to the idea of nature-based solutions for sustainable urban development with a focus on secondary cities.

The doctrine of sustainable development has its origins in the realm of international environmental law. This article considers its potential usefulness for the purposes of alleviating urban poverty in South Africa. Urban poverty is an endemic and persistent phenomenon in South African cities, which lack economic and social integration. In the realm of international sustainable development discourse, it has come to be acknowledged in more recent years that sustainable development is intertwined with issues of poverty. South African legislation and case law acknowledge sustainable development but do not consider its possible usefulness as an underpinning doctrine for urban poverty alleviation. The potential of the doctrine for this purpose has been justifiably questioned on several grounds. However, it is possible to conceptualise ways in which it can be deployed as a theoretical basis for initiatives towards such alleviation. It is argued in this article that all three branches of government in South Africa should play a role in achieving this.

Copyright of Nachhaltigkeitsrecht is the property of Verlag Oesterreich GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper presents a digital interview with Justine Poon, legal researcher at the Australian National University (ANU), on selected aspects of Andreas Philippopoulos-Mihalopoulos’ approach to environmental law and legal science.

Copyright of Nachrichten aus der Chemie is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The gloss deals with the "scientific culture" of German constitutional law professors. The author criticizes that the author Schulze-Fielitz's treatise, professor of public law, environmental law, and administrative science, mainly focuses on the printed conference reports of the Association of German Constitutional Law Professors and does not address the various "scientific cultures". It is pointed out that after every constitutional change, there is a new "scientific culture" that is shaped by the fundamental values and goals of the new constitution. It is also mentioned that the West German Association of Constitutional Law Professors did not extensively engage with the constitution of the GDR until reunification in 1990. The gloss also criticizes that the legal methodology in German law is not sufficiently reflected upon and that the connection between the spirit of the times and "system ideology" is often concealed. [Extracted from the article]

Meat production is a human activity driven by meat consumption, a human behaviour normalised in today's society. Human activity stems from particular psychological patterns (manifesting as human behaviour). It is argued that through regulating the human behaviour of meat consumption the environmentally harmful impacts of the human activity of meat production can potentially be mitigated. In particular, adopting an environmental rights perspective and a social ecological ethic, this article proposes the introduction of a meat tax in South Africa as an innovative means of regulating the human behaviour of meat consumption. In Section 1 we introduce our arguments and discuss the social, ecological, ethical and environmental rights perspective from which we make them. Next, in Section 2 we discuss some of the most significant environmental harms caused by meat production and thus, indirectly, meat consumption. Then, in Section 3 we critically evaluate the command-and-control regulatory measures that currently regulate the human activity of meat production and seek in no meaningful way to regulate the psychological patterns associated with that human activity, the human behaviour of meat consumption. Lastly, in Section 4 we propose a meat tax, a type of market-based mechanism, as a regulatory measure which we argue could serve to influence human behaviour in order to reduce meat consumption and give better effect to the environmental right.

The Bavarian referendum Biodiversity and Natural Beauty (Volksbegehren Artenvielfalt) has led to significant changes in Bavarian environmental legislation. This article investigates and assesses the potential impact of the referendum on ecosystem services (ES) based on existing literature. For this purpose, we selected all the legislative changes that are assumed to directly impact ES in agricultural landscapes. Little research exists on many of the specific relationships for the legislative changes discussed, particularly concerning cultural ES. Nonetheless, for the majority of the legislative changes, the reviewed studies suggest a positive impact on ES. Although we did not find any neutral or negative effects on ES, they are possible in individual cases based on local site conditions and the specific design of the measures. Habitat function and genetic resource maintenance are likely to benefit the most from the legislative changes. Yet, many other ES may be positively influenced, especially in combination with funding law measures and the planned positions for wildlife habitat and biodiversity advisors. The actual effects in Bavarian landscapes should be scientifically investigated. [ABSTRACT FROM AUTHOR]