| 13521. |
- Mauerhofer, Volker
(författare)
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From net improvements to reduce and/or reverse : Legal chances and challenges of the GBF exemplified by ALPMEMA
- 2023
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- In December 2022 the Kunming-Montreal Global Biodiversity Framework (GBF) was internationally concluded. It aims to steer Biodiversity Governance, Policy and Laws towards a vision of living in harmony with nature.The presentation aimsto provides an overview on the wider political embedding of the GBF,to shows the interrelations and distinctions among the GBF and further related governance settings, andto elaborate the development, novelty and implementation of the GBF Hermeneutic methods are applied such as comparative legal analyses and different types of text interpretation (e.g. historic, wording, rational).The presentation will presenthow during the process of negotiating the GBF its theory of change, mission and structure were modified,how the GBF’s wording changed related to the overall directions (goals, milestones, targets) related to more concrete measures against Biodiversity loss were modified andbased on these modifications, an outline of major legal implementation challenges and perspectives of the GBF, and exemplifies this by the project ALPMEMA.The final negotiations on the GBF levelled the path to finally conclude this new framework. While theory of change and mission of the GBF seem to have during the negotiations received a more varying and less concrete wording for further legal implementation, its overall directions could be considered at the first view more streamlined. The new inclusion of clauses referring to e.g. national priorities during the GBF-implementation will also enchance legal measures that solely aim at reducing biodiversity loss. While an opportunitiy for loss-reversal is exemplified by the ongoing EU co-funded project ALPMEMA.
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| 13522. |
- Mauerhofer, Volker, et al.
(författare)
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From polluter pays to provider gets : Distribution of rights and costs under payments for ecosystem services
- 2013
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Ingår i: Ecology and Society. - 1708-3087. ; 18:4
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Tidskriftsartikel (refereegranskat)abstract
- Should society have the right to freely available clean air and water, or should people be required to pay for these as commodities just as they do for many other goods or services that they consume? With this question and further questions on environmental governance in mind, we reviewed the paradigm shift in natural resource management from the polluter pays principle (PPP), which focuses on polluters and enforcement of thresholds, to the principle of payments for ecosystem services (PES), which emphasizes provider-based economic approaches. Given that there are conflicts of interest over natural resources and ecosystem services (ESs), these conflicts could be resolved through rights and/or cost assignments via third-party intervention, i.e., by the "state," or through private compensation beyond initial regulation and state-initiated assignments of cost. Our analysis includes an in-depth literature review and a description of existing policies on ESs. We also examine the so-called Coase theorem based on a "neutral" situation where no rights or costs are distributed in advance. This theorem provides room for the PPP approaches and the provider-gets approaches. Both of these approaches should ensure, given certain assumptions, an economically efficient allocation of resources; however, they still ignore two indispensable issues, namely, the ecologically sustainable scale and inherent qualities of ecosystems and the distributional effects. With regard to the relationship between these two sets of approaches and their respective relationship to the legal framework, PES programs can evolve instead of PPP where no regulations are in place, existing regulations are deemed to be insufficiently formulated, or regulations are not enforced at all. We also further address some critical issues that can arise when PES programs evolve instead of PPP in practice, such as the general necessity of PES to coexist with basic rights and legal obligations, inappropriate lexicographic claims from providers of ESs, alongside claims for potential damages and the relationship of PES with the intrinsic motivation of service providers. Critically, insufficient attention has been paid to the fact that by replacing the earlier PPP doctrine with the "provider-gets" principle, rights are redistributed from the public to the service provider with important distributional implications for society. Therefore, the replacement of PPP with PES includes obstacles as well as opportunities, in particular for the relationship between rich and poor, and developing and developed countries. © 2013 by the author(s).
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| 13523. |
- Mauerhofer, Volker
(författare)
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Gender Within Sustainable Decisions : A 3-D sustainability perspective
- 2022
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Ingår i: Gender and the Sustainable Development Goals. - London : Taylor & Francis. - 9781000648447 - 9781032004563 ; , s. 28-45
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- Within Goal 5 of the United Nations Sustainable Development Goals, it is stated that: “Gender equality is not only a fundamental human right, but a necessary foundation for a peaceful, prosperous and sustainable world.” This contribution addresses the question where within the three dimensions of Sustainable Development (SD), the environmental, social, and economic ones, gender could be located for sustainable decision-making and how gender should be theoretically as well as practically operationalized therein. The analysis addresses the problem domain of sustainable decision-making among withstanding environmental, social, and economic interests. In terms of methods, the assessment is done after an in-depth literature review and conceptionally based on 3-D Sustainability, a decision support method for preliminarily prioritizing different options of action all contributing to an SD. The assessment is not country-wise limited. 3-D Sustainability offers, therefore, a set of criteria and preconditions for developing non-fixed hierarchies of priorities. In this way, it provides sufficiency, eco-effectiveness, ecological equity (consisting of intra- and intergenerational equity), socio-effectiveness, eco-efficiency, and socio-efficiency as SD-criteria (of 3-D Sustainability) most relevant to reaching sustainable decisions with regard also to gender. Detailed definitions of these criteria that allow to quantitatively assessing them are presented and discussed in relation to gender. The application of this concept is shown by means of several practical examples in a deductive manner. Particular operationalizing tools for such sustainable decision-making are further described for addressing – also in bottom-up manner – organizations and institutions, such as a ban of unequal payments as an intra-generational and socio-effective instrument under 3-D Sustainability. The contribution additionally results in the presentation of gender policy and instruments mixes found during the literature review for each of the six criteria. The contribution concludes by highlighting the innovativeness of this approach and further explaining (1) its potential for a global application in terms of sustaining the social carrying capacity within 3-D Sustainability, as well as (2) its replicability.
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| 13524. |
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| 13525. |
- Mauerhofer, Volker, et al.
(författare)
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How do ecosystem services perform in enforceable law? : Potentials and pitfalls within regional and national integration
- 2018
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Ingår i: Ecosystem Services. - : Elsevier B.V.. - 2212-0416. ; 29, s. 260-270
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Tidskriftsartikel (refereegranskat)abstract
- Ecosystem services have constituted a highly discussed topic especially since the Millennium Ecosystem Assessment. This is in particular valid for the literature in environmental sciences and related economic sciences. The topic has gained less attention in other social sciences and up until now legal scholars have hardly taken up the issue for an in-depth analysis. Moreover in the legal practice the term has not played any substantial role apart from its inclusion in soft law documents that lack concrete and effective implementation including enforcement mechanisms. This paper addresses the issue of inclusion of the term ecosystem services in legislative documents with such mechanisms. Starting from a neutral position, it discusses the potentials and pitfalls of such an inclusion in the light of the ongoing contradictory discourse about the concept of ecosystem services. This is done by an in-depth review of existing academic literature as well as by empirical quantitative research on EU-law, and by a case study. This case study concerns the on-going assessment of the inclusion of the term ecosystem services into a binding legal act of regional integration on the example of the Regulation of the European Union (EU) on Invasive Alien species. The analysis also covers primary data derived from questionnaires and interviews completed by a wide range of stakeholders from two member states of the EU. The results provide an overview of opportunities and challenges of the inclusion of the term ecosystem services in this particular context of binding and enforceable regional integration law based also on a practical example. The ongoing implementation of this EU-Regulation can provide a blueprint for similar situations of coordinated legislative procedures between different levels of law-making and its implementation including enforcement. These situations can occur beyond a nation's borders or within. Similar research has not been implemented yet according to the knowledge of the authors. Therefore, the results of this contribution provide innovative insights into an ongoing legislative procedure with binding rules on ecosystem services and useful hinds for similar other prospective attempts worldwide.
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| 13526. |
- Mauerhofer, Volker
(författare)
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Identifying Legal Priorities for Policy Making : A Forest-society-economy Context Analysed by 3-D Sustainability
- 2018
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Ingår i: Ecological Economics. - : Elsevier B.V.. - 0921-8009 .- 1873-6106. ; 152, s. 183-190
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Tidskriftsartikel (refereegranskat)abstract
- Forest-related legal questions appear often interwoven with complicated networks of numerous other themes at several geographical levels. This paper introduces a new analytic tool based on 3-D Sustainability to restructure complex question bundles from policy practice to ease and support practical legal solution prioritization. This approach is applied to the enviro-socio-economic context of forests and their multifunctional use in Japan. First it is shown how the initial problem formulations from practice listed in a table are addressed by the different categories of 3-D Sustainability. Then it is presented how the order of the initial problem formulation was in the table reshaped based on this approach and also which problems were combined for a common search of solutions. In conclusion, the new analytic tool proofed to be applicable also in practice and provided already appropriate support to gain first ideas of solutions including legal ones and their preliminary prioritization, although the work is further in progress. The tool represents a rather simple but effective methodological option to structure complex question bundles and prioritizing solutions also for further legal measures, not only limited to issues of forests or geographically restricted to Japan, and appears to be widely applicable and definitely replicable.
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| 13527. |
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| 13528. |
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| 13529. |
- Mauerhofer, Volker
(författare)
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Introduction
- 2015
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Ingår i: Legal Aspects of Sustainable Development: Horizontal and Sectorial Policy Issues. - Cham : Springer International Publishing. - 9783319260211 - 9783319260198 ; , s. 1-10
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- This chapter provides an overview on the content of this edited volume. © Springer International Publishing Switzerland 2016.
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| 13530. |
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