Meinhard Schröder

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 21 (2023), Issue 4, Page 330 - 336

The article is focused on the integration of human rights in the climate policy of States, starting from the request of the General Assemblee of the UN for an advisory opinion of the ICJ on the obligations of States in respect of adverse effects of climate change, particularly in small islands (A/Res/77/276, 29 March 2023).

Meinhard Schröder

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 20 (2022), Issue 3, Page 351 - 356

The 50th anniversary of the Declaration gives reason for an overview of its continuing importance for the environment as a global „common concern“, for the classification of the States following their status of development and capacity to contribute to environmental protection and for appropriate principles and instruments of implementation.

Meinhard Schröder

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 17 (2019), Issue 1, Page 91 - 95

Administrative courts applying ecological standards in the context of environmental legislation held that the administration should dispose of an assessment power in its own right in cases the current ecological knowledge is doubtful and cannot be provided by experts. The assessment would be reviewed only in the sense of being justifiable. The Federal Constitutional Court did not accept this concept. It preferred a simple and de facto restriction of the judicial review if a vacuum of knowledge should occur.

Meinhard Schröder

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 16 (2018), Issue 1, Page 86 - 92

The Paris Agreement of 12 December 2015 is the first international treaty on climate change refering to the duty of States to protect human rights. This article discusses the significance of this evolution as well es questions left open: the uncertainty to know at which time negative effects on human rights can be expected; extraterritorial duties and cooperation of States; conflicting interests with and limitations of human rights in the context of climate change.

Meinhard Schröder

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 13 (2015), Issue 3, Page 225 - 228

The meaning and importance of Art. 37 of the Charter of Fundamental Rights of the European Union is uncertain and controversial. Dedicated to Rüdiger Breuer as sign of a long-lasting connection, the contribution states that the provision can be justified independant from the reasons to insert it into the Charter and that it is binding also for Member States.

Meinhard Schröder

Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 12 (2014), Issue 4, Page 252 - 257

During the debate about an infrastructure charge for non-commercial use of cars on German roads it has been argued that it would be preferable to levy such charge uniformly in all Member States on the basis of European law. For the future even the European Commission put forward some ideas in this direction. The contribution will examine if the European Union would be competent to introduce the charge on the basis of the internal market policy, the common transport policy or the environmenta