Schifffahrt in der Arktis journal article Das Völkerrecht als Vermittler zwischen ökonomischem Potenzial und ökologischem Risiko Kristina Schönfeldt Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 15 (2017), Issue 3, Page 206 - 223 The pristine Arctic is an increasingly important region facing major challenges caused not only by the effects of climate change, but also by a growing interest in its living and non-living resources, its attraction as a new destination for tourism, and as a route for navigation. In particular the increase of commercial shipping leads to significant positive economic prospects but, at the same time, carries considerable risks for the fragile Arctic environment and the well-being of the local population, including indigenous people. By taking the example of the International Code for Ships Operating in Polar Waters, which was recently concluded under the auspices of the International Maritime Organization, it will be shown how instruments of international law are necessary and adequate to ensure that all those engaged in shipping and maritime transportation in the Arctic comply with strict standards of safety and environmental protection. In addition, remaining regulatory gaps will be revealed and possible solutions will be addressed.
Umwelt-Aufklärung der Öffentlichkeit als wissenschaftliche Wahrheitspflege? journal article Klaus Ferdinand Gärditz Zeitschrift für Europäisches Umwelt- und Planungsrecht, Volume 15 (2017), Issue 2, Page 112 - 125 In 2013, the Federal Environment Agency (UBA) published a brochure, which outlines the contemporary results of scientific research in climate change, thereby countering common arguments of climate change sceptics. The UBA explicitly named some more or less popular climate change sceptics and their publications and branded them as irrational, unscientific, and irrelevant. Their contribution to a ‘post-factual discourse’ was pseudo-science, incompatible with the overwhelming majority of scientists’ results on climate change research. Two affected journalists whose (rather bizarre) popular science publications, which argued against anthropogenic climate change, fought back and filed a lawsuit against the UBA to desist from publicly discrediting their publications. The Administrative Appeals Tribunal of Saxony-Anhalt – as court of last resort – has recently quashed the lawsuit. The court affirms that presenting the right scientific facts about climate change publicly was part of the public relations work of the agency according to statutory law. In contrast, the review essay argues that a state agency is, due to the freedom of scientific research, simply not competent to evaluate scientific truth and to denounce scientifically pariahs as charlatanry publicly and officially.
Ausnahmen und Abweichungen von Zielen der Raumordnung – Effektive Instrumente eines neuen „Deutschlandtempos“? Martin Beckmann
