Heinrich Langemann Biodiversitätsschutz im Recht

About this book

The protection of biodiversity is one of humanity's key tasks for the future. While climate protection has been the subject of intensive legal analysis for years, the protection of biodiversity has so far only been addressed sporadically in law. This dissertation examines how the protection of biodiversity is defined in current law, how it is normatively anchored, and how it can be made legally enforceable.

The starting point is a comprehensive understanding of biodiversity as the diversity of life at the genetic level, at the species level, and at the level of ecosystems and their ecosystem functions. Biodiversity can thus be classified as a fundamental prerequisite for human life and the current mode of economic activity.

The dissertation analyses the existing legal framework for the protection of biodiversity at international, European and national level. Particular attention is paid to current regulatory developments, especially at European level with regard to the regulation on nature restoration and the increasing inclusion of corporate due diligence and reporting obligations in the protection of biodiversity.

At the national level in particular, it can be observed that biodiversity protection has thus far been predominantly species- or habitat-specific, and in some cases only reactive and fragmentary. A coherent, targeted approach to protection is not currently apparent. Against this background, the constitutional dimension of biodiversity protection is examined. The dissertation explores the extent to which Article 20a of the German Basic Law, as a provision on state objectives, also covers the protection of biodiversity and what requirements this places on the legislature.

Another focus is on the question of the judicial enforceability of biodiversity protection. The dissertation analyses whether and to what extent claims for biodiversity protection can be made against the state or private actors. The work thus makes a fundamental contribution to the examination of a current, dynamically developing topic.