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Mauerhofer, Volker
Publications (10 of 49) Show all publications
Mauerhofer, V., Rupo, D. & Tarquinio, L. (2020). Special issue: Law and sustainable development. Sustainable Development
Open this publication in new window or tab >>Special issue: Law and sustainable development
2020 (English)In: Sustainable Development, ISSN 0968-0802, E-ISSN 1099-1719Article in journal, Editorial material (Refereed) Epub ahead of print
Identifiers
urn:nbn:se:miun:diva-38658 (URN)10.1002/sd.2044 (DOI)000513173100001 ()2-s2.0-85079718172 (Scopus ID)
Available from: 2020-03-16 Created: 2020-03-16 Last updated: 2020-03-16Bibliographically approved
Mauerhofer, V. (2019). Activities of environmental convention-secretariats: Laws, functions and discretions. Sustainability, 11(11), Article ID 3116.
Open this publication in new window or tab >>Activities of environmental convention-secretariats: Laws, functions and discretions
2019 (English)In: Sustainability, ISSN 2071-1050, E-ISSN 2071-1050, Vol. 11, no 11, article id 3116Article in journal (Refereed) Published
Abstract [en]

Multilateral Environmental Agreements-MEAs-are indispensable legal frameworks for environmental sustainability and also define the operating rules of their implementation bodies ("Secretariats"). The contribution assesses in how far the norms defining Secretariats' functions differ and also reflect on actual functions for three MEAs, namely (1) the Convention on International Trade in Endangered Species of Wild Fauna and Flora-CITES (1973), (2) the Convention on Biological Diversity-CBD (1992), and (3) the Convention on Migratory Species-CMS (1979). It does so by comparative legal interpretation of the main norms of these MEAs laying down the functions of its respective Secretariats as well as an in-depth review of academic literature about these functions. The results for these three conventions divide into nine functional areas and show an unexpectedly wide range of different functions laid down in the conventions as well as extensive variety in the discretion for many of these functional areas. Some potential explanations of these formal differences are provided. The paper further finds that actually executed functions may not be fully covered by the underlying legal norms but rather by "flexible" highest governing bodies of MEAs and concludes that occasionally an unusual legislative style was chosen, and shows potential solutions and future research directions. 

Keywords
Agreement, Biodiversity, Convention, Difference, Function, Global environmental governance, Legal, Parties, Secretariat, UNEP
Identifiers
urn:nbn:se:miun:diva-36687 (URN)10.3390/su11113116 (DOI)000472632200121 ()2-s2.0-85067286022 (Scopus ID)
Available from: 2019-07-09 Created: 2019-07-09 Last updated: 2019-08-09Bibliographically approved
Mauerhofer, V. (2019). An introduction and overview on law, politics and governance: Institutions, organizations and procedures for Ecological Economics. Ecological Economics, 165, Article ID 106396.
Open this publication in new window or tab >>An introduction and overview on law, politics and governance: Institutions, organizations and procedures for Ecological Economics
2019 (English)In: Ecological Economics, ISSN 0921-8009, E-ISSN 1873-6106, Vol. 165, article id 106396Article in journal (Refereed) Published
Abstract [en]

The aims of this Special Issue (SI) are to provide a broad and structured overview on literature published related to Law and Ecological Economics (EE) as well as to offer latest insights into this wide and further emerging combined field of research by means of contributed papers. Thus, this introduction into the SI firstly implements a systematic database term search and further analyses 129 papers identified. It was found that the majority refers to the “laws” of thermodynamics. Only 33 publications could be related to EE and Law, latter in the sense of the Rule of Law, with quite even allocation among the three streams identified, namely theoretical and philosophical considerations, strategic transition and transformation studies, and practical case studies. The literature overview also chronologically indicates that the vast majority of those 33 papers have been written during the past 15 years. The second part of this introduction describes the content of the seven contributions to this SI more in detail. Afterwards it shows that these contributions tend similarly more into the directions of providing strategic transition and transformation studies as well as practical case studies, indicating an overall shift from theory towards practical implementation of EE within Law. 

National Category
Natural Sciences
Identifiers
urn:nbn:se:miun:diva-36842 (URN)10.1016/j.ecolecon.2019.106396 (DOI)000487172500020 ()2-s2.0-85069912715 (Scopus ID)
Available from: 2019-08-13 Created: 2019-08-13 Last updated: 2019-11-12Bibliographically approved
Mauerhofer, V. (2019). Book review: Technology, Globalization, and Sustainable Development: Transforming the Industrial State [Review]. Ecological Economics, 165
Open this publication in new window or tab >>Book review: Technology, Globalization, and Sustainable Development: Transforming the Industrial State
2019 (English)In: Ecological Economics, ISSN 0921-8009, E-ISSN 1873-6106, Vol. 165Article, book review (Other academic) Published
Identifiers
urn:nbn:se:miun:diva-37663 (URN)10.1016/j.ecolecon.2019.106419 (DOI)000487172500024 ()
Available from: 2019-11-12 Created: 2019-11-12 Last updated: 2019-11-12Bibliographically approved
Mauerhofer, V. (2019). EU-Gebiets- und Artenschutz-Judikatur: CEF-Maßnahmen ade? (Teil I): Gleichzeitig eine Analyse der einschlägigen EuGH-Judikatur seit 2014. Recht der umvelt, 37(2), 66-70
Open this publication in new window or tab >>EU-Gebiets- und Artenschutz-Judikatur: CEF-Maßnahmen ade? (Teil I): Gleichzeitig eine Analyse der einschlägigen EuGH-Judikatur seit 2014
2019 (German)In: Recht der umvelt, Vol. 37, no 2, p. 66-70Article in journal (Other academic) Published
National Category
Law
Identifiers
urn:nbn:se:miun:diva-38123 (URN)
Available from: 2019-12-17 Created: 2019-12-17 Last updated: 2019-12-17Bibliographically approved
Mauerhofer, V. (2019). EU-Gebiets- und Artenschutz-Judikatur: CEF-Maßnahmen ade? (Teil II): Gleichzeitig eine Analyse der einschlägigen EuGH-Judikatur seit 2014. Recht der umvelt (3), 109-113
Open this publication in new window or tab >>EU-Gebiets- und Artenschutz-Judikatur: CEF-Maßnahmen ade? (Teil II): Gleichzeitig eine Analyse der einschlägigen EuGH-Judikatur seit 2014
2019 (German)In: Recht der umvelt, no 3, p. 109-113Article in journal (Other academic) Published
National Category
Law
Identifiers
urn:nbn:se:miun:diva-38122 (URN)
Available from: 2019-12-17 Created: 2019-12-17 Last updated: 2019-12-17Bibliographically approved
Ding, X., Zhou, C., Mauerhofer, V., Zhong, W. & Li, G. (2019). From environmental soundness to sustainable development: Improving applicability of payment for ecosystem services scheme for diverting regional sustainability transition in developing countries. Sustainability, 11(2), Article ID 361.
Open this publication in new window or tab >>From environmental soundness to sustainable development: Improving applicability of payment for ecosystem services scheme for diverting regional sustainability transition in developing countries
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2019 (English)In: Sustainability, ISSN 2071-1050, E-ISSN 2071-1050, Vol. 11, no 2, article id 361Article in journal (Refereed) Published
Abstract [en]

In developing and emerging countries, rapid urbanization at an unprecedented pace and degradation of ecosystem services at an alarming rate have caused many regions, especially those in environmentally sensitive areas (ESAs), to encounter the "regional development dilemma" (RDD), in which regions can hardly divert their current development pattern to achieve a transition to sustainability. The main research focus of this study is to introduce-by means of a case study-a payments for ecosystem service (PES) scheme as a policy instrument that incorporates an ecosystem services (ES)-based baseline for payments and a spatial-targeting-based allocation plan to address that dilemma and to bridge, as well as achieve, sustainable development goals simultaneously at a regional scale. The water source areas of the Middle Route Project in the South-to-North Water Diversion Project in China were used as the case study. Land Use/Land Cover Change (LUCC) of this area between 2002 and 2010 was detected by adopting remote sensing and spatial analysis technologies. The ecosystem services value (ESV) variation was then estimated and the eco-compensation plan was determined through comprehensively applying equivalent weighting factors of the ecosystem service of terrestrial ecosystems in China and the adjustment coefficient of the ecosystem service based on the notion of willingness to pay for ecosystem services. Results show that rapid urbanization has substantial impacts on the spatial dynamics and quality of ecosystems in the research area. From 2002 to 2010, the total ESV declined by CNY 6 billion. Therefore, the baseline eco-compensation from the benefit zone to the research area was CNY 1.1 billion under the assumption of commensurability. Responsibility ought to be shared by Henan and Hebei provinces, and Beijing and Tianjin, with payment of CNY 422.3, 388.5, 110.9, and 133 million, respectively. We drafted the allocation plan of eco-compensation based on the spatial pattern of ESV variation, and suggested policy tools tailored for subregions in the research area defined by LUCC change categories. Such an integrated study can lead to a more comprehensive understanding of regional PES schemes and provide a set of policy instruments with upgraded spatial-targeting and better cost-efficiency, particularly as blueprints for regional governments in developing and emerging countries that aim at leveraging regional sustainability through bridging and achieving SDGs.

Place, publisher, year, edition, pages
MDPI AG, 2019
Keywords
Ecosystem services, Environmentally sensitive area (ESA), Middle-Route Project (MRP) of the South-North Water Diversion Project (SNWDP), Payments for ecosystem services (PES), Sustainable development, developing world, ecosystem service, land cover, land use, remote sensing, spatial analysis, sustainability, urbanization, willingness to pay, China
National Category
Earth and Related Environmental Sciences
Identifiers
urn:nbn:se:miun:diva-37980 (URN)10.3390/su11020361 (DOI)2-s2.0-85059858480 (Scopus ID)
Available from: 2019-12-12 Created: 2019-12-12 Last updated: 2020-01-21Bibliographically approved
Mauerhofer, V. (2019). Ignorance, Uncertainty and Biodiversity: Decision-Making by the Court of Justice of the European Union. In: Christina Voigt (Ed.), Part II - Legitimacy and Scientific Certainty: Environmental Adjudication, Use of Experts and the Limits of Science (pp. 146-164). Cambridge University Press
Open this publication in new window or tab >>Ignorance, Uncertainty and Biodiversity: Decision-Making by the Court of Justice of the European Union
2019 (English)In: Part II - Legitimacy and Scientific Certainty: Environmental Adjudication, Use of Experts and the Limits of Science / [ed] Christina Voigt, Cambridge University Press, 2019, p. 146-164Chapter in book (Other academic)
Place, publisher, year, edition, pages
Cambridge University Press, 2019
National Category
Political Science
Identifiers
urn:nbn:se:miun:diva-38115 (URN)10.1017/9781108684385.006 (DOI)9781108497176 (ISBN)
Available from: 2019-12-17 Created: 2019-12-17 Last updated: 2019-12-17Bibliographically approved
Mauerhofer, V. (2019). Legal Institutions and Ecological Economics: Their Common Contribution for Achieving a Sustainable Development. Ecological Economics, 156, 350-359
Open this publication in new window or tab >>Legal Institutions and Ecological Economics: Their Common Contribution for Achieving a Sustainable Development
2019 (English)In: Ecological Economics, ISSN 0921-8009, Vol. 156, p. 350-359Article in journal (Refereed) Published
Abstract [en]

This paper aims firstly to provide a conceptual overview on the two main objectives that should be addressed when modifying international environmental law and subordinated law in a more sustainable direction in the sense of Ecological Economics. This first aim is addressed based on ongoing research on ‘3-D Sustainability’ a concept providing decision-making support for priority setting between environmental, social and economic dimensions within sustainable development. The two main objectives identified within this aim are to stay by means of international environmental law within the ecologically sustainable scale and to legally define flexible trade-off mechanisms, which better deal with conflicts of interests among the three sustainability dimensions. Secondly, the paper strives to identify ways to further strengthen the application of the existing international law in this respect. Thus, several innovative mechanisms within international law are identified that overcome current implementation and enforcement deadlocks, without necessarily changing the existing law, in order to serve a sustainable development in the sense of Ecological Economics.

Place, publisher, year, edition, pages
Elsevier B.V., 2019
Keywords
Burden of proof, Capital and carrying capacity, Conflict of interests, Decision making, Multilevel governance, Sustainability law, capital, carrying capacity, conceptual framework, ecological economics, environmental legislation, governance approach, international law, legislation, sustainability, sustainable development, trade-off
National Category
Earth and Related Environmental Sciences
Identifiers
urn:nbn:se:miun:diva-37979 (URN)10.1016/j.ecolecon.2018.09.023 (DOI)2-s2.0-85055036869 (Scopus ID)
Available from: 2019-12-12 Created: 2019-12-12 Last updated: 2019-12-12Bibliographically approved
Iasmina Roman, A. & Mauerhofer, V. (2019). Multilevel coordination and cooperation during implementing supranational environmental legislation: A case study on invasive alien species. Sustainability, 11(6), Article ID 1531.
Open this publication in new window or tab >>Multilevel coordination and cooperation during implementing supranational environmental legislation: A case study on invasive alien species
2019 (English)In: Sustainability, ISSN 2071-1050, E-ISSN 2071-1050, Vol. 11, no 6, article id 1531Article in journal (Refereed) Published
Abstract [en]

Coordination and cooperation are necessary topics to strengthen international environmental agreements that improve action against worldwide challenges towards sustainable development and environmental protection, such as invasive alien species (IAS). This study aims to assess to what extent national and transnational cooperation and coordination influences the implementation of a supranational regulation against IAS based on an example from the European Union (EU). Data is used from a broader study, including 47 responses to an online questionnaire and 22 interviews completed by experts from two countries (Austria and Romania), together with in depth literature. Additionally, the IAS-Regulation is analyzed from the perspective of cooperation and coordination. The terms "cooperation" and "coordination" were found within the text of the IAS-Regulation 11 and nine times respectively, whereas their context was transnational and national levels mainly, and transnational, respectively. It was further acknowledged from the majority of the answers from the survey respondents that the national coordination and cooperation is weaker than the transnational level due to the influence of the national competence distribution. Results from the interviews are separated into 'transnational' and 'national' cooperation and coordination. They show that the majority of the 47 responses indicate that the distribution of competence is one of the main influencing factors on the implementation. It is concluded that the current situation of cooperation and coordination in Austria and Romania renders it difficult for the European Commission to receive a realistic view about IAS and the implementation of the IAS Regulation in the two countries; hence, it is difficult to offer helpful support especially due to poor national cooperation. The current study can serve as a blueprint for further studies. Even in regional integration contexts beyond the EU, it can prove helpful to assess the impact of different kinds of competence distribution on the implementation of common norms. Thus, this research can path the way innovatively and serve as a comparative example for similar future studies.

Place, publisher, year, edition, pages
MDPI AG, 2019
Keywords
Austria, Cooperation, Coordination, Environmental protection, Regulation against invasive alien species, Romania, Sustainability, environmental legislation, European Commission, European Union, implementation process, introduced species, invasive species, questionnaire survey, sustainable development
National Category
Political Science
Identifiers
urn:nbn:se:miun:diva-37981 (URN)10.3390/su11061531 (DOI)2-s2.0-85063470486 (Scopus ID)
Available from: 2019-12-12 Created: 2019-12-12 Last updated: 2020-01-21Bibliographically approved
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