Allowing for the multifunctionality of agroforestry systems – lessons from a legal perspective with a focus on Germany

Abstract

In view of the multiple challenges faced by agriculture, agroforestry can promote multifunctional farming landscapes. While the law is a decisive factor for the adoption of agroforestry, it is not as yet comprehensively addressed in agroforestry and governance research. We operationalize Ostrom's social-ecological systems framework to analyze agri-environmental laws at EU, German federal and state level using doctrinal and non-doctrinal legal research methods. We show that current legal provisions disincentivize farmers to establish agroforestry system and do not adequately address the benefits and risks of agroforestry systems for ecosystem functions and services and thus overall multifunctionality. We identify terminological misconceptions on the term ’agroforestry’, contradictions between subsidy law and command-and-control law, and a lack of tailored steering towards multifunctionality as major legal barriers to the promotion of agroforestry. Therefore, the example of agroforestry illustrates the challenge inherent in reconciling agricultural and environmental targets in agri-environmental law.