Transnational climate protection law

• Applicant: Professor Dr. Claudio Franzius
• Subject Area: Public Law
• Term: from 2019 to 2023
• Project identifier: Deutsche Forschungsgemeinschaft (DFG) - Project number 417714916

The project wants to contribute to the development of a transnational perspective on climate protection law. Based on the example of the phasing out coal based energy production, new actors in climate policy and changed controls, it is to be demonstrated that it would be advisable to promote a "transnational" development of the legal basis of climate protection. The intention is not to describe a new branch of climate protection law, but the transformations of international, European and national law against the background of the changing role of sub-state and non-governmental actors in climate policy. It is to be investigated in how far the withdrawal from coal as an energy source can be based on a transnational approach. The agreed objective, to attain greenhouse gas emissions neutrality by 2050, can hardly be achieved in any other way, while it remains to be seen whether the companies concerned will have to assume responsibilities for climate protection. As far as the new actors of climate policy are concerned, sub-state units such as municipalities, but also transnational networks such as the Covenant of Mayors in the European Union as well as contributions to climate protection by the railway, the postal service and the ports to be examined in depth. Moreover, the Paris Agreement adresses another type of control by activating civil society controls, but also the judiciary as an actor of climate protection. Comparing U.S. and European climate litigation could demonstrate the transnational dimension of climate law under the Paris Agreement. Strengthening individual and collective litigation will demonstrate how access to law is changing. The central question of research is in how far the transnationalisation of climate protection law will provide an opportunity for achieving the transformation of legal, political and economic structures required in order to reach the long term goals.

• DFG Programme: Research Grants