Eike Albrecht

Transboundary consultations in strategic environmental assessment

Transboundary consultation could help avoid environmental conflicts between neighbouring countries and is, therefore, required by different international and European provisions. The Protocol on Strategic Environmental Assessment (SEA) (Kiev, 2003) to the Convention on Environmental Impact Assessment in a Transboundary Context widens transboundary consultation to SEA. Even though not yet in force, this protocol influences international law in general and European law in particular. The European Union (EU) SEA Directive obliges EU member states to consult the authorities and the public in other states if a plan or programme could have effects on the environment in a neighbouring state. To illustrate challenges and problems in transboundary consultation, two projects between Poland and Germany during 2004 and 2006 are presented and assessed. It appeared that, for successful transboundary consultation, there were some problems to be resolved, in particular the language problem and the complicated formal pathways for consultations. Further, the legal basis for transboundary consultation in Poland did not comply with EU requirements and was therefore recently amended.

Purpose and Background of the European SEA Directive

After more than 20 years of discussion, the SEA Directive entered into force on 21 July 2001 (see Appendix 1 for the full text of the SEA Directive). This Directive is an advanced piece of legislation that will change how environmental matters are dealt with in the 25 Member States of the European Union. All these Member States have had to transpose the Directive into their own national legislation since 21 July 2004. This chapter links the SEA Directive to European Environmental policies and their major concepts. It gives introductory information about the term “Strategic Environmental Assessment”, the historical background of the SEA Directive and describes the legislative process of the SEA Directive. Furthermore this chapter describes the purpose and objectives of the Directive. Finally this chapter closes with an outlook on the future of SEA and related instruments, such as Sustainability Impact Assessment (SIA), in the European Union.

Standards and Thresholds in German Environmental Law

This chapter aims to discuss the German practice of environmental regulation, in particular setting environmental standards and thresholds. In almost all fields in German Environmental Law, the use of standards and thresholds is commonly practiced. Therefore a selection is necessary, and the topic will be discussed with particular reference to the more European- influenced Emission Control Law and the typical national sector of Soil Protection Law.

The Importance Of Law In Flood Risk Management

Floods are becoming a very huge problem in most developed and developing countries, due to natural and human-induced risks and threats, which occur at river areas. In many cases, catastrophic events are caused by some inadequate human behaviour connected to, inter alia, reduction of the natural water retention by land due to industrial purposes or exploitation of meadows along river basins; no maintenance of levees; not respecting hydrogeological equilibrium; or not considering technical prescriptions or provisions to build along river basins. The adoption of flood risk management and planning in flood-prone areas are priorities to be dealt with in many river areas, as the United Nations and European Union stated. In this context, law plays a fundamental role to identify protection structures and liabilities in river areas, to define regulations and provisions in all stages of risk management. This research is aimed at showing how law intervenes in flood risk management and which subjects are covered; the importance to assess legal provisions which influence flood management or more generally water and river basin management and the interconnection at international, national and local level.

Adaptation Opportunities to Climate Variability and Potential Effects on Sustainable Development. The Case of Nigeria’s Niger Delta Region

The purpose of this chapter is to examine the links between observed climate and weather related impacts on development in the selected States of Nigeria’s Niger Delta region and to provide perspectives for adaptation opportunities necessary to build a resilient future, as well as pathways to sustainable development. Current and future climate associated events endanger sustainable development (SD) in Nigeria and particularly in the coastal Niger Delta. The situation was examined by analyzing a 30-year temperature and rainfall data from 1980 to 2010 obtained from the Nigerian Meteorological Agency (NIMET). It was found that temperature trend in different States of the region that made up the study area was increasing while rainfall was variable and declining. Scientific literatures that reveal varying evidence on the effects of climate variability in the region were reviewed and used to complement the results. Nonetheless, the effects of climatic change such as seasonal and erratic flooding, coastal erosion, and variation in temperature and rainfall threaten people’s wellbeing and contributed further to environmental degradation. However, the paper envisages that practical adaptation measures are necessary to reduce negative impacts and exploit beneficial opportunities. In this regard, adaptation measures that need to be addressed to reinforce sustainable development initiatives were suggested. The findings will be useful to decision-makers, non-governmental organizations, relevant institutions, and government agencies in Nigeria.

Voluntary Standard Systems and Regulatory Processes for Timber Products: Analysis of Green Procurement in Germany

This chapter aims to discuss voluntary standard systems and regulatory processes for timber products with the example of green procurement policies in Germany. Forests provide numerous ecosystem goods and services which are crucial for humanity. Besides combating climate change and therefore securing basic living conditions for humanity, forests provide an important natural construction material. Therefore, it is necessary to find a way of using the forests while incorporating the needs of present and future generations. Certification of timber is a market tool that shall contribute to this process. Even though certification schemes are in need of schematic improvement (for details see the previous Chap. 12) any approach towards preventing deforestation is urgently required. While Chap. 12 covered the context of international regulatory approaches against illegal logging and voluntary forest relevant standards, this chapter shall describe and evaluate current legal requirements for public procurement of timber in Germany. The question of where restrictions for the use of tropical timber can be detected and under which circumstances its use is legitimate will be answered. Special regard within the topic of national legislation is given towards procurement policies for the public sector. It will be investigated under which conditions the utilisation of tropical wood is permitted within public orders. Therefore, it is to be investigated whether the detected legal requirements from the side of the industrialised countries can be considered as a suitable tool for improving the environmental situation in tropical timber producing regions and making forestry more sustainable.

VSS and Legal Standards: Competition or an Added Value?

This chapter aims to discuss the relationship and interactions between Voluntary Sustainability Standards (VSS) and legal standards. The relationship between VSS and legal standards seems at first sight, relatively easy to describe. On the one hand, law is binding, created in a formalised procedure, following the regulations of constitutional and other law, and is enforced by authorities and courts. On the other hand, private law based voluntary provisions, are not binding (for everybody), created in partnership for regulating the private relations between contract partners, with no necessity to be enforced because all parties want to follow these standards.

VSS Where Formal Regulations Are Missing: Potential Study on Example of Nanotechnologies

This chapter aims to discuss the potential of VSS where formal regulations are missing, in this case on the example of nanotechnologies. According to the US National Nanotechnology Initiative, nanotechnologies are “… science, engineering, and technology conducted at the nanoscale, which is about 1 to 100 nanometres. Nanoscience and nanotechnology are the study and application of extremely small things and can be used across all the other science fields, such as chemistry, biology, physics, materials science, and engineering”. Nanotechnology is not just a new field of science and engineering, but a new way of looking at and studying (National Nanotechnology Initiative 2012). At nanoscale, the physical, chemical and biological properties of materials may differ in essential ways from the presently known properties of the same substance(s) of macroscopic size; mostly these changes are due to the increased relative surface area or quantum effects.

Beside Adaptation: Concepts for the Future

Maybe it was God who in the beginning created heaven and earth (Gen 1,1), who created mankind (Gen 2,7), who committed nature to us (Gen 2,15). Whether it is a question of creed or not: Our atmosphere is unique. Its special consistence makes it possible for the temperature on the earth’s surface to constantly stay at a certain level, a level at which our environment can unfold and the Garden of Eden can be preserved and protected. And if God has committed nature to mankind in equal shares, all humans bear responsibility for protecting and saving the Garden of Eden. And if not, the same is true by the principle of equity.

Cameroon’s Sustainable Forest Management Initiatives with Potentials for Climate Change Mitigation and Adaptation

Climate change is one of the current global environmental challenges of great concern to the international community. Developing countries such as Cameroon will likely suffer most from its impacts partly because of high dependence on climate-sensitive natural resources such as forests and limited capacity to adapt to the changing climate. Cameroon’s forest ecosystem supplies goods and services for local livelihoods and national development. As climate change will have an undesirable impact on the functioning of the forest ecosystem, the livelihoods of the people that depend on it become inevitably vulnerable. Conservation and Sustainable Forest Management (SFM) for climate change mitigation and adaptation is one of the main responses to this challenge worth examining. Cameroon has taken some conservation and SFM initiatives that could potentially contribute to climate change mitigation and adaptation. Based primarily on thorough review and analysis of policy and law documents as well as relevant literature, this chapter presents Cameroon’s forest sector conservation and management initiatives, especially efforts to practice SFM and the potentials of these initiatives to contribute to climate change mitigation and adaptation. It identifies the problems often encountered in practicing SFM beneficial for climate change mitigation and adaptation, and proffers recommendations for improvement.