Forschungsprojekt

For several decades now, traditional regulatory environmental policy has been increasingly replaced or supplemented by more market-oriented instruments. A prime example of this is the European Emissions Trading System, which relies on economic incentives to reduce CO2 emissions and operates on the principle of ‘cap and trade’.

Against this backdrop, the present project focuses in particular on the question of which legal instruments are suitable for effectively advancing environmental and climate protection. In view of ongoing government control and enforcement problems in environmental regulation, newer alternative forms of regulation deserve greater attention. Similarly, the role of civil law in promoting sustainability goals and the relationship between private and public environmental regulation require closer examination.

The project addresses the issues raised by drawing on both legal theory and empirical findings. It also incorporates comparative legal perspectives with regard to Germany and France.