How can investments in renewable energy be legally safeguarded? This question is the focus of issue 1/2026 of the academic journal “Dyskurs – Diskurs über Recht und Verwaltung”, which was published on 18 September 2026.
It brings together the findings of a German-Polish research project involving the University of Warmia and Mazury in Olsztyn, Ostfalia University of Applied Sciences and the University of Zielona Góra.
The project “Legal Instruments for the Protection and Promotion of Investments in Renewable Energy Sources” was funded by the German-Polish Science Foundation under project number 200-2024-00860. Overall management was led by Professor Adam Bieranowski of the University of Warmia and Mazury. Five research teams examined issues relating to comparative law, public law, private law, history, as well as ethics and philosophy.
Professor Dr Winfried Huck led the research team on German private law, which also included Dr Jennifer Maaß LL.M. and Dr Naod Ghiorgis LL.M. The research findings were presented on 26 and 27 September 2026 at an international academic conference in Olsztyn. They are now available in a single volume following this publication.
Offshore wind energy: Legal certainty as a prerequisite for financing
In his paper, Winfried Huck examines the interplay between the United Nations Convention on the Law of the Sea (UNCLOS) and the private-law safeguards for offshore project financing. The focus is on wind turbines in the exclusive economic zone.
The study compares Germany, Norway, the United Kingdom, the Netherlands and Belgium. It shows that the security provided to lenders is based in particular on instruments under company law and contract law. These include the pledging of company shares, the assignment of claims and contractual rights of subrogation, which allow lenders to step into project contracts under specified conditions. Legally reliable administrative decisions and a precise contractual allocation of risk thus take on particular importance for the financial viability of the energy transition.
The publication combines an examination of specific security instruments with overarching issues of energy solidarity and climate justice. It thus offers points of reference for academia, public administration and the design of investment projects.
The issue is available on the journal’s website (external link, opens in a new window). Winfried Huck’s article “UNCLOS and the Challenge of Private Law in Offshore Project Finance” appears on pages 131–149 and can be accessed directly online here (external link, opens in a new window).
