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Rechtliche (und wirtschaftliche) Relevanz der internationalen und europäischen Dimension des Bergbaus

Felix Kaiser


A lot has been written about the role of nature conservation in mining projects. All in all the enforcement of nature conservation law through German mining law is on a high level already (which doesn’t necessarily mean that no adjustments are needed). In contrast, too little attention is paid to the fact that raw materials are often imported to Germany and the EU from countries with significantly lower environmental standards. However, in view of the partly devastating (looming) consequences for local biodiversity, there is an urgent need for action in this respect. The developed countries, including the member states of the EU, have a specific responsibility in this respect, given the advantages they derive from cheap raw materials from so called pollution havens. International Law as well as Development and Trade Policy do offer approaches to tackle the problem, but they are not sufficiently effective. A stronger focus should therefore be placed on the approach of Supply Chain Due Diligence which the EU is now gradually pursuing not only through its draft of a Corporate Sustainability Due Diligence Directive (CSDDD). The level playing field to be implied by this draft could also serve as a model for other industrialized and emerging countries.

Dr. iur. Felix Kaiser ist Referent beim Ministerium für Verkehr Baden-Württemberg. Der Beitrag beruht auf einem Vortrag, den der Autor beim 15. Deutschen Naturschutzrechtstag 4./5.5.2023 gehalten hat.

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