Seyedeh Sara Mahmehr Nazari-Shafti Der Schutz der Biodiversität vor landwirtschaftlich verursachten Verlusten als Herausforderung des deutschen Naturschutzrechts

About this book

Biodiversity is a unique element in the complex workings of our planet: even the slightest change can influence the pendulum of the future.

Based on the Planetary Boundaries model, this study examines the protective effect of German nature conservation law against agriculture-induced biodiversity loss. The conversion of grassland to cropland serves as a central example.

The study analyzes the current legal framework of the Federal Nature Conservation Act as well as the State Nature Conservation Act of Rheinland-Pfalz and highlights their scope. In addition, the 2023 CAP reform and the EU Restoration Regulation are examined with regard to their impact on protection against the conversion of grassland to cropland.

The central finding of this study is that the existing protective instruments are insufficient to safeguard against agriculture-induced biodiversity loss. Protective measures, such as adherence to the principles of good agricultural practice, lack the level of specificity required for effective enforcement. Furthermore, vague legal terms, exceptions, and discretionary powers lead to a noticeable loosening of any protection that might otherwise exist. The current protection framework continues to portray agriculture primarily as a disadvantaged economic sector and neglects its role as a driver of actions that harm biodiversity. Consequently, there is a lack of clear delineation of biodiversity protection in relation to agriculture, a shortcoming that has not yet been fully addressed by European regulations.

Building on this finding, the study ultimately offers suggestions for reforming the hierarchy of protection in nature conservation law in favor of biological diversity. Among other things, the study outlines the introduction of a “biodiversity safeguard clause” as the nature conservation law counterpart to the mineral resource safeguard clause in mining law (Section 48(1), sentence 2, of the Federal Mining Act [BBergG]), the application of the Federal Constitutional Court’s climate ruling, and the legal incorporation of the planetary boundaries model.

The study thus provides a well-founded analysis of existing shortcomings and, at the same time, offers dogmatic suggestions for the further development of nature conservation law.