Food is wasted throughout the entire food supply chain—from agricultural production to the household level. This has negative impacts on natural resources and the environment. At the same time, food waste is undermining the global target of food security. In turn, reducing food waste can minimise the environmental effects of agriculture on climate, biodiversity, soils, water bodies and the atmosphere. All of this is reflected in the fact that food waste is subject to various legal acts of the European Union and that it is also a major subject in the new EU Farm to Fork Strategy from May 2020. Supported by an analysis of the diffuse empirical data on food waste, the purpose of this article is to analyse the current EU legislation on food waste and its reduction to answer the following research questions: How is food waste integrated into European policies? What is the impact of European legislation on food waste? Is European legislation sufficient to trigger not only food waste reduction but also comprehensive changes in the agricultural and food sector to support global climate and environmental targets as set in the Paris Agreement and the Convention on Biological Diversity? Which instruments are the most suitable to do so? Methodologically, a qualitative governance analysis is applied. It is found that relevant legal acts for governing food waste include circular economy and waste law, the Common Agricultural Policy and the Common Fisheries Policy as well as food law, while international environmental targets serve as an overarching measure for governance analysis. The legal analysis shows that existing legislation lacks steering effect to significantly reduce food waste. To overcome current governance problems, the article introduces economic policy instruments. It is concluded that quantity control focusing on overarching parameters such as fossil fuels or animal-derived products has not only the potential to reduce food waste by increasing food prices but can also address the multiple interlinked environmental challenges of the agricultural and food sector.
The Common Agricultural Policy (CAP) is currently undergoing a reform process which is embedded in a political context that is required to effectively and urgently respond to climate change and biodiversity loss. The CAP beyond 2020 has to be in line with the international goals of the Paris Agreement and the Convention on Biological Diversity and at the same time foster mitigation strategies for increasingly challenging natural conditions to secure food security in the long term. Yet, despite the fact that the above‐mentioned objectives call for a complete reorientation of the subsidy scheme, this article shows that the reform proposal does not provide the instruments needed to adequately address these objectives, although a few promising approaches (e.g. ‘eco‐schemes’) have been put on the reform agenda.
The Paris Climate Agreement (PA) provides an overall target which limits global warming to “well below 2 °C above pre-industrial levels” and “pursuing efforts to limit the temperature increase to 1.5 °C above pre-industrial levels” (Art. 2 para. 1 PA). This article assesses the extent to which new insights can be derived from recent IPCC reports for the interpretation of Art. 2 para. 1 PA from a legal perspective. To this end, the article analyses the contributions of Working Groups I and III of the sixth assessment report. Methodologically, we compare the findings with previously published IPCC reports, namely the 1.5 °C report and the fifth assessment report. A legal interpretation of the Paris Agreement and of core concepts of human rights follows. Several empirical indications show that current global greenhouse gas budget calculations are quite generous. We provide five empirical arguments that clearly point in that direction. These empirical arguments, combined with legal arguments, demonstrate that the budgets must be smaller than those estimated by the IPCC. The legal arguments are based on Art. 2 of the Paris Agreement, as well as on human rights and the precautionary principle. These norms contain an obligation to minimise the risk of significant damage, i.e., to take rapid and drastic climate protection measures. This implies: 1.5 °C is the legally binding temperature target; adherence requires a very high probability of achieving the target; temperature overshoot and geoengineering tend to be prohibited, and budget calculations must be based on sceptical factual assumptions. These findings have also been confirmed by recent rulings of supreme courts, such as the ground-breaking climate decision of the German Federal Constitutional Court. The Paris Agreement and human rights underline a legally binding obligation for smaller global greenhouse gas budgets as those estimated in the greenhouse gas budgets of the IPCC—even compared to the 83 percent scenario in the latest assessment. Thua, climate policy will have to raise its ambitions towards zero fossil fuels and a drastic reduction of livestock farming in times of the Ukraine war.
Transnational trade holds opportunities for prosperity and development if accompanied by a robust political and legal framework. Yet, where such a framework is missing, transnational trade is frequently associated with, among others, negative impacts on the environment. Applying a legal comparison, this article assesses if recent free trade agreements, i.e., the Mercosur Agreement, CETA and the EU–Vietnam Free Trade Agreement, negotiated by the European Union, have been underpinned with effective environmental standards so that they are in line with global environmental goals and avoid detrimental effects on climate and biodiversity. Besides that, we evaluate the extent to which these agreements at least enable and incentivise environmental pioneering policies in the trading Parties. In particular, we discuss the likely impacts of the agreements on the agricultural sector. The analysis finds that, while a few mandatory standards concerning, e.g., deforestation have been established, overall, the agreements lack a comprehensive legal framework to uphold/enhance environmental protection. Moreover, weak dispute settlement mechanisms to ensure compliance with sustainability measures limits their effectiveness. In addition, the provisions on regulatory cooperation and investor-state dispute settlement are likely to negatively affect the decision-making processes and (thus) discourage ecological pioneering policies in the trading Parties. Hence, there is a long way to go so that transnational trade is compatible with global environmental goals.
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