requires mandatorily cooperative actions by states.
16 In legal terms, so far, neither
sustainable management of soils nor land degradation has been established as a
“global concern of humankind”.
17
However, the international community has agreed to consider the sustainable
management of soil and land as a global challenge. This “agreement” could be
regarded as a political, but not legal commitment. Two documents are most important in this regard. First, the Outcome Document of Rio+20 which was jointly
adopted by the UN General Assembly, states that “desertification, land degradation
and drought are challenges of a global dimension and continue to pose serious
challenges to the sustainable development of all countries”.
18 Second, Target 15.3
of the Sustainable Development Goals stipulates that states should strive to achieve a
“‘land degradation neutral world’ by 2030.
19
3 Good Regulation for Soil Protection: Driver and Threat
Specific
Soils are a global challenge both factually as well as politically. To deal with this
challenge requires good governance.
The next section provides a conceptual approach how in general terms a good
regulation to ensure a sustainable management of soils should be designed. The
particular perspective is the national level. It first attempts to point out the particularities which have to be considered with regard to soil governance. Second, the
conditions for a good soil governance will be explained. In a short excursus the
general structure of soil regulation in Germany is presented and compared with these
conditions of good soil governance. It should be highlighted that fragmentation per
se is not a hint for ineffective soil governance.
3.1 Particularities of Soil Governance
In the following, the particularities of soil governance will be explained. They need
to be taken into account when designing good soil governance.
16 Ginzky (2017) and Boer (2014).
17 Ginzky (2017), p. 433.
18 United Nations (2012) The Future We Want, Para 2005.
19 United Nations (2015).
38
H. Ginzky
16 In legal terms, so far, neither
sustainable management of soils nor land degradation has been established as a
“global concern of humankind”.
17
However, the international community has agreed to consider the sustainable
management of soil and land as a global challenge. This “agreement” could be
regarded as a political, but not legal commitment. Two documents are most important in this regard. First, the Outcome Document of Rio+20 which was jointly
adopted by the UN General Assembly, states that “desertification, land degradation
and drought are challenges of a global dimension and continue to pose serious
challenges to the sustainable development of all countries”.
18 Second, Target 15.3
of the Sustainable Development Goals stipulates that states should strive to achieve a
“‘land degradation neutral world’ by 2030.
19
3 Good Regulation for Soil Protection: Driver and Threat
Specific
Soils are a global challenge both factually as well as politically. To deal with this
challenge requires good governance.
The next section provides a conceptual approach how in general terms a good
regulation to ensure a sustainable management of soils should be designed. The
particular perspective is the national level. It first attempts to point out the particularities which have to be considered with regard to soil governance. Second, the
conditions for a good soil governance will be explained. In a short excursus the
general structure of soil regulation in Germany is presented and compared with these
conditions of good soil governance. It should be highlighted that fragmentation per
se is not a hint for ineffective soil governance.
3.1 Particularities of Soil Governance
In the following, the particularities of soil governance will be explained. They need
to be taken into account when designing good soil governance.
16 Ginzky (2017) and Boer (2014).
17 Ginzky (2017), p. 433.
18 United Nations (2012) The Future We Want, Para 2005.
19 United Nations (2015).
38
H. Ginzky