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.

The goals of the Paris Agreement and the Convention on Biological Diversity call for a global transition to sustainability. To achieve these goals, subsidies can be implemented. Subsidies are pervasive especially (but not only) in the agricultural sector. The agricultural sector plays an important role in the transition to sustainability as agriculture can both benefit and harm climate and biodiversity. Some agricultural subsidies seem environmentally beneficial, but the majority appear environmentally destructive. Against this background, this article applies a qualitative governance analysis—including aspects of legal analysis—to provide a comprehensive review of agricultural subsidies in the EU and to discuss the role of subsidies in transitioning towards sustainability. Results show that agricultural subsidies need to be substantially downscaled and implemented as complementary instruments only because other policy instruments such as quantity control instruments are more effective in addressing the drivers of non-sustainability, i.e., fossil fuels and livestock farming. However, subsidies remain a useful complementary instrument to remunerate the provision of public goods (e.g., in nature conservation) as long as they are constructed in a way that they do not suffer from typical governance problems. In addition, data and transparency need to be improved, subsidies for research and development increased, and environmental objectives streamlined through EU law to ensure all agricultural subsidies are in line with global environmental goals.

The Farm to Fork Strategy of the EU aims at sustainable food systems. One objective of the Strategy is to reduce nutrient losses by at least 50% resulting in at least 20% less fertilizer use by 2030. To this end, Member States are expected to extend digital precision fertilization and sustainable agricultural practices through the Common Agricultural Policy. In this context, this article applies a qualitative governance analysis which aims to assess the extent to which the measures proposed by the Farm to Fork Strategy, i.e., digital precision fertilization and sustainable agricultural practices, contribute to the nutrient objective of the Farm to Fork Strategy. The article analyses how these measures are implemented through the Common Agricultural Policy in Germany and Saxony. Results show that the nutrient objective of the Farm to Fork Strategy itself offers shortcomings. Germany offers some, yet overall limited, support for sustainable agricultural practices and digital precision fertilization. Hence, the Common Agricultural Policy will to a limited extend only contribute to the objective of the Strategy. The results furthermore highlight some general shortcomings of digitalization as sustainability strategy in the agricultural sector including typical governance issues (rebound and enforcement problems), and point to the advantages of quantity-based policy instruments.

In addition to climate change, the current war in Ukraine has highlighted the urgency of a rapid transformation to post-fossility. This paper analyses the much-lamented negative climate policy and energy transition impacts of the Energy Charter Treaty (ECT) in international law, a treaty that serves as a basis for the compensation claims of fossil fuel companies in response to losses incurred because of climate policy measures. Methodologically, a legal interpretation is conducted, i.e., the ECT is interpreted grammatically and systematically. It is shown that, with a revised legal interpretation of the ECT, such claims usually cannot be upheld at all, except in the case of direct expropriations. This is further underlined by a legal interpretation of the ECT based on the Paris Agreement and on international human rights law. The arbitral ECT tribunals would therefore have to dismiss claims and if they do not do so then, for example, EU member states could take action against such verdicts of the arbitral tribunals before the ECJ. Even if all of this was to be disputed, there are also considerable possibilities for the contracting states to subsequently exclude claims for compensation. Nevertheless, there are a lot of arguments in favour of a comprehensive reform of the treaty. However, to do so as currently planned, with transitional periods, is not sufficient.

ZusammenfassungDie ökologisch motivierte Farm-to-Fork-Strategie als Kernstück des europäischen Green Deals zielt darauf ab, die Lebensmittelproduktion entlang der gesamten Wertschöpfungskette nachhaltig zu gestalten. Zur Erreichung dieses Ziels soll u.a. die digital basierte Präzisionsdüngung eine zentrale Rolle spielen. Operationalisiert wird dies in der bundes- und landesrechtlichen Umsetzung des EU-Agrarsubventionsregimes, der Gemeinsamen Agrarpolitik. Digitale Optionen der Düngung sind zur Erreichung der Farm-to-Fork-Ziele und der – rechtsverbindlichen – umweltvölkerrechtlichen Ziele des Paris-Abkommens und der Biodiversitätskonvention jedoch nur geeignet, wenn sie mit einer teils verschärften, teils neu zu schaffenden EU-Mengensteuerung für fossile Brennstoffe und Tierhaltung insgesamt verbunden werden, die über die Ziele der EU-Kommission im European Green Deal noch deutlich hinausgehen müsste. Gelänge dies, würde die Digitalisierung der Landwirtschaft als technische Strategie in Richtung mehr Umweltschutz gelenkt, statt gar noch zu einer ökologisch kontraproduktiven Intensivierung der Landnutzung beizutragen.