Are land sparing and land sharing real alternatives for European agricultural landscapes?

There is a lively debate on whether biodiversity conservation and agricultural production could be better reconciled by land sparing (strictly separating production fields and conservation areas) or by land sharing (combining both, agricultural production and biodiversity conservation on the same land). The debate originates from tropical countries, where agricultural land use continues to increase at the expense of natural ecosystems. But is it also relevant for Europe, where agriculture is withdrawing from marginal regions whilst farming of fertile lands continues to be intensified? Based on recent research on farmland biodiversity we conclude that the land sharing – land sparing dichotomy is too simplistic for Europe. Instead we differentiate between productive and marginal farmland. On productive farmland, semi-natural habitats are required to yield ecosystem services relevant for agriculture, to promote endangered farmland species which society wants to conserve even in intensively farmed regions, and to allow migration of non-farmland species through the agricultural matrix. On marginal farmland, high-nature value farming is a traditional way of land sharing, yielding high quality agricultural products and conserving specialized species. To conserve highly disturbance-sensitive species, there is a need for nature reserves. In conclusion, land sparing is not a viable olution for Europe in both productive and marginal farmland but because of different reasons in each type of farmland.

Legal Implications of the Use of Export Taxes in Addressing Carbon Leakage: Competing Border Adjustment Measures

The prevailing uncertainties about the future of the post-Kyoto international legal framework for climate mitigation and adaptation increase the likelihood of unilateral trade interventions that aim to address climate policy concerns, as exemplified by the controversial European Union initiative to include the aviation industry in its emissions trading system. The emerging literature suggests that border carbon adjustment (BCA) measures imposed by importing countries would lead to substantial legal complications in relation to World Trade Organization law and hence to possible trade disputes. Lack of legal clarity on BCAs is exacerbated by potential counter or pre-emptive export restrictions that exporting countries might impose on carbon-intensive products. In this context, this paper investigates the interface between legal and welfare implications of competing unilateral BCA measures. It argues that carbon export taxes will be an inevitable part of the future climate change regime in the absence of a multilateral agreement. It also describes the channels through which competing BCAs may lead to trade conflicts and political complications as a result of their distributional and welfare impacts at the domestic and global levels.

"Is there a doctor on board?" - legal aspects of medical care in emergency situations during spare time

Medical emergencies on international flights are not uncommon. In these situations the question often arises whether physicians are obliged to render first aid and whether omission leads to legal consequences. The general obligation to aid those in need applies to everyone, not only to physicians. Evading this duty makes liable to prosecution for omittance of defence of a third person in line with Art. 128 of the Swiss Penal Code, punishable by custodial sentence up to three years or an equivalent punitive fine. Vocational and professional law extend the duty to aid for physicians to urgent cases. Although resulting from the performance of a legal obligation, malpractice occurred in the course of first aid can lead to claims for compensation - even from foreign patients, and that according to their own domestic law.