| 31. |
- Futter, Martyn, et al.
(författare)
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Forests, Forestry and the Water Framework Directive in Sweden : A Trans-Disciplinary Commentary
- 2011
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Ingår i: Forests. - : MDPI AG. - 1999-4907 .- 1999-4907. ; 2:1, s. 261-282
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Tidskriftsartikel (refereegranskat)abstract
- The Water Framework Directive (WFD) is an ambitious piece of legislation designed to protect and improve water quality throughout Europe. However, forests are only mentioned once in the WFD, and forestry is not mentioned at all, despite its potential implications for streams, rivers and lakes. Here we present a transdisciplinary commentary on the WFD and its implications for forests and forestry in Sweden. This commentary has been prepared by forestry stakeholders, biophysical and social scientists. While we were cognizant of a large body of discipline-specific research, there are very few inter-or trans-disciplinary commentaries which link academic and stakeholder perspectives on the WFD. We had originally felt that there would be little commonality in our concerns. However, we found significant areas of agreement. Our key areas of concern about the implications of the WFD for forestry in Sweden included: (i) concerns about what is meant by good ecological status and how it is assessed; (ii) a perceived lack of clarity in the legal framework; (iii) an inadequate environmental impact assessment process; and (iv) uncertainties about appropriate programs of measures for improving water quality. We were also concerned that ecosystem services provided by forests and the positive effects of forestry on water quality are inadequately recognized in the WFD.
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| 32. |
- Garmestani, Ahjond, et al.
(författare)
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Untapped capacity for resilience in environmental law
- 2019
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Ingår i: Proceedings of the National Academy of Sciences of the United States of America. - : Proceedings of the National Academy of Sciences. - 0027-8424 .- 1091-6490. ; 116:40, s. 19899-19904
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Tidskriftsartikel (refereegranskat)abstract
- Over the past several decades, environmental governance has made substantial progress in addressing environmental change, but emerging environmental problems require new innovations in law, policy, and governance. While expansive legal reform is unlikely to occur soon, there is untapped potential in existing laws to address environmental change, both by leveraging adaptive and transformative capacities within the law itself to enhance social-ecological resilience and by using those laws to allow social-ecological systems to adapt and transform. Legal and policy research to date has largely overlooked this potential, even though it offers a more expedient approach to addressing environmental change than waiting for full-scale environmental law reform. We highlight examples from the United States and the European Union of untapped capacity in existing laws for fostering resilience in social-ecological systems. We show that governments and other governance agents can make substantial advances in addressing environmental change in the short term-without major legal reform-by exploiting those untapped capacities, and we offer principles and strategies to guide such initiatives.
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| 33. |
- López-Bao, José Vicente, et al.
(författare)
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Legal obligations regarding populations on the verge of extinction in Europe: Conservation, Restoration, Recolonization, Reintroduction
- 2018
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Ingår i: Biological Conservation. - : Elsevier BV. - 0006-3207 .- 1873-2917. ; 227, s. 319-325
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Tidskriftsartikel (refereegranskat)abstract
- After more than two decades of implementation of the Habitats Directive (Directive 92/43/EEC), some fundamental aspects of the directive are still unclear, and subject to interpretive uncertainty, which limit its correct implementation. For example, obligations for Member States in situations where a protected population has almost, or has just, gone extinct are unclear. The isolated and protected population of wolves (Canis lupus) in the Sierra Morena region in Spain - the only wolf population in the southern half of the Iberian Peninsula - has been steadily declining to the point where it is doubtful whether any wolves are left. Using this illustrative example, we provide clarifications on the obligations by Member States in situations where populations are on the verge of extinction. Our analysis shows that Articles 6 and 12 of the Habitats Directive require Member States to restore populations that are quasi extinct. From a legal perspective, even the complete extinction of the species would not exonerate Member States from its obligations regarding the species in the Natura 2000 sites concerned. In this line, we argue that the Spanish authorities should not wait with recolonization, reinforcement and/or reintroduction actions until the complete absence of wolves in the Sierra Morena is conclusively proven. Two scenarios appear to meet legal requirements: i) active reinforcement/reintroduction, or an active and effective policy towards a rapid natural recolonization of Sierra Morena by northern wolves. However, based on the observed wolf trends in Spain and Portugal during the past five decades, a reconnection between northern and Sierra Morena wolves seems unlikely in the foreseeable future even if actively promoted. Considering the urgency of actions required to avoid that this population will be the first wolf population to become extinct in Europe in modern times, in order to comply with European obligations, the adopting and carrying out a reintroduction/reinforcement scheme to restore the Sierra Morena wolf population is required. Such a scheme needs to be accompanied by a comprehensive enforcement plan to assure that reintroduced wolves will thrive.
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| 34. |
- Lundmark Hedman, Frida, et al.
(författare)
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Thirty Years of Changes and the Current State of Swedish Animal Welfare Legislation
- 2021
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Ingår i: Animals. - : MDPI AG. - 2076-2615. ; 11
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Tidskriftsartikel (refereegranskat)abstract
- Simple Summary: Sweden is often cited as a leading country in animal welfare and related legislation, but some recent changes in the national legislation are seen as lowering the animal welfare requirements in order to improve the competitiveness of Swedish farmers. In this study, we analysed suggested changes to the Swedish welfare legislation between 1988 and 2019 relating to horses, cattle and pigs, including the written motivations, the written stakeholder responses and the actual changes to the final regulations. We used a sample of 77 legal requirements to assess in depth whether the animal welfare level was affected by these changes in the legislation. The results showed that the animal welfare requirements in Sweden for cattle, pigs and horses increased overall during the 30-year study period, but that a number of specific requirements had been relaxed to satisfy interests other than animal welfare. Thus, the new requirements should be evaluated more fully in order to determine whether they serve their purpose in practice.Sweden is often seen as a leading country in animal welfare and legislation, but some recent amendments to the legislation are perceived as relaxing animal welfare requirements in order to improve the competitiveness of the relevant industry and of farmers. In this study, we analysed the suggested and actual changes in the Swedish national animal welfare regulations relating to horses, cattle and pigs between 1988 and 2019 and the consequences for the intended animal welfare level. The regulations and amendments, including the proposals, the written motivations, the stakeholders' written responses to the proposed amendments and the final amendments, were scrutinised in detail. A sample of 77 requirements was then selected to assess whether and how the animal welfare level was affected by these legislative changes. The results indicated that the animal welfare protection level for cattle, pigs and horses increased overall during the 30-year period, but that a number of specific requirements had been relaxed to meet objectives other than animal welfare. It was more difficult to determine whether animal welfare improved in practice during the same period, due to the lack of systematic evaluations of the consequences of amending the regulations. Future evaluations are needed to evaluate the outcome of new legislative requirements and to monitor whether they serve their purpose in practice.
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| 35. |
- Lundqvist, Peter
(författare)
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Occupational Health and Safety Regulations in the Dairy Industry
- 2013
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Ingår i: Journal of Agromedicine. - 1059-924X .- 1545-0813. ; 18, s. 210-218
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Tidskriftsartikel (refereegranskat)abstract
- The application of occupational health and safety (OHS) legislation in the dairy industry varies throughout the world. Generally there is no specific OHS legislation that applies to the dairy industry and mostly in countries the current OHS legislation applies to all workplaces with specific guidelines that apply to agricultural industries. The main difference between countries is in the application of OHS legislation specifically in relation to the size of the farms. In the USA, the OHS legislation, and therefore enforcement, does not, in most cases, apply to farms with less than 11 employees, whereas in other countries there is no minimum number of employees and in some cases such as the United Kingdom and Australia it covers all people who work on the farm. The other area of difference is in the use and publication of guidelines for the industry; some countries have a wide range of guidelines whereas other counties have few. Generally, this relates to the jurisdiction of the OHS legislation, which in several countries is not at a national level such as USA, Canada, and Australia. The main principal of OHS legislation is that all workplaces, including dairy farms, should be a safe and healthy place to work, and does not vary significantly between the countries reviewed even those with prescriptive legislation.
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| 36. |
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| 37. |
- Mie, Axel, 1974-, et al.
(författare)
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Non-disclosure of developmental neurotoxicity studies obstructs the safety assessment of pesticides in the European Union
- 2023
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Ingår i: Environmental Health. - 1476-069X. ; 22
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Tidskriftsartikel (refereegranskat)abstract
- Background In the European Union (EU), the safety assessment of plant protection products relies to a large extent on toxicity studies commissioned by the companies producing them. By law, all performed studies must be included in the dossier submitted to authorities when applying for approval or renewal of the active substance.Methods For one type of toxicity, i.e. developmental neurotoxicity (DNT), we evaluated if studies submitted to the U.S. Environmental Protection Agency (EPA) had also been disclosed to EU authorities.Results We identified 35 DNT studies submitted to the U.S. EPA and with the corresponding EU dossiers available. Of these, 9 DNT studies (26%) were not disclosed by the pesticide company to EU authorities. For 7 of these studies, we have identified an actual or potential regulatory impact.Conclusions We conclude that (1) non-disclosure of DNT studies to EU authorities, in spite of clear legal requirements, seems to be a recurring phenomenon, (2) the non-disclosure may introduce a bias in the regulatory risk assessment, and (3) without full access to all performed toxicity studies, there can be no reliable safety evaluation of pesticides by EU authorities. We suggest that EU authorities should cross-check their data sets with their counterparts in other jurisdictions. In addition, applications for pesticide approval should be cross-checked against lists of studies performed at test facilities operating under Good Laboratory Practice (GLP), to ensure that all studies have been submitted to authorities. Furthermore, rules should be amended so that future studies should be commissioned by authorities rather than companies. This ensures the authorities’ knowledge of existing studies and prevents the economic interest of the company from influencing the design, performance, reporting and dissemination of studies. The rules or practices should also be revised to ensure that non-disclosure of toxicity studies carries a significant legal risk for pesticide companies.
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| 38. |
- Raitio, Kaisa
(författare)
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Finnish and Swedish law on mining in light of collaborative governance
- 2021
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Ingår i: Nordisk Miljörättslig Tidskrift. - 2000-4273. ; , s. 99-134
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Tidskriftsartikel (refereegranskat)abstract
- Today, access to minerals and the development of mines are both closely linked to combating climate change, enabling developments in transitions of energy and transportation systems. New mineral extraction projects are highly contested, and the mining sector has been struggling with both environmental and social governance, as well as the legitimacy of mineral exploration and mining activities. Collaborative governance aims to address these challenges by suggesting deeper, more interactive modes of engagement for planning and decision-making procedures. It calls for cooperative relations and deliberative approaches to environmental governance. This article comparatively explores relationships between collaborative governance and legislation on mining in Finland and Sweden. It argues that Finnish and Swedish mining-related laws and, in particular, land use planning and environmental impact assessment laws, have collaborative objectives and support the use of interactive and co-operative planning modes. However, corresponding legislation does not require broad consensus on critical decisions, and format and quality of collaborative processes can significantly differ case-by-case within the minimum legal requirements. This article identifies timing of statutory participation as a key factor for successful collaborative practices, and suggests changes to mining laws in this regard. It cautions that a unilateral focus on procedure means a risk of disregarding the close interplay between the procedural and substantive sides of regulatory frameworks – sides that are crucial for successful outcomes of collaborative processes.
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| 39. |
- Raitio, Kaisa
(författare)
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Implementing the state duty to consult in land and resource decisions: perspectives from Sami communities and Swedish state officials
- 2019
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Ingår i: Arctic review on law and politics. - : Cappelen Damm AS - Cappelen Damm Akademisk. - 1891-6252 .- 2387-4562. ; 10, s. 4-23
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Tidskriftsartikel (refereegranskat)abstract
- The duty of states to consult indigenous communities is a well-established legal principle, but its implications for practice remain uncertain. Sweden is finding itself at a particularly critical juncture as it prepares to legislate a duty to consult the Sami people in line with its international obligations. This paper explores the ability of Swedish state actors to implement the duty to consult, based on lessons from an already existing duty set out in Swedish minority law, namely to ensure the effective participation of minorities in land and resource decisions. Presenting novel empirical material on the views of Sami communities and state officials in ministries and agencies, we demonstrate the existence of considerable implementation gaps linked to practice, sectoral legislation, and political discourse. We argue that if state duties are to promote the intended intercultural reconciliation, then new measures are needed to ensure enforcement, e.g. via mechanisms of appeal and rules of nullification. In addition, sectoral resource regulations should be amended to refer to the duties set out in minority law and/or a potential new bill on consultation duty in a consistent manner. In the near-term, the state should ensure that Sami communities are adequately resourced to engage in consultation and should invest in state authorities’ own ability to implement, i.e. through competence development, staffing, intersectoral coordination, and independent evaluation. Much could also be gained if state agencies and Sami communities worked together to develop detailed consultation routines for relevant resource sectors.
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| 40. |
- Sandström, Per, et al.
(författare)
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Reindeer husbandry vs. wind energy: analysis of the Pauträsk and Norrbäck court decisions in Sweden
- 2022
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Ingår i: Indigenous Peoples, Natural Resources and Governance : Agencies and Interactions. - London : Routledge. - 9780367674151 ; , s. 39-58
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Bokkapitel (refereegranskat)abstract
- In 2019, the Land and Environmental Court of Appeal, Sweden’s highest court in environmental matters, authorized the establishment of two wind energy projects in the Norrbäck and Pauträsk areas on the winter grazing lands of Vapsten sameby in northern Sweden. These decisions overturned previous court rulings that rejected the two wind energy projects due to the expected impacts on nature and cultural values, and because the projects were seen to harm the interests of reindeer husbandry. In the analysis of these two legal cases, we seek to understand and explain the judicial conflicts between Sámi samebyar and wind energy developers. Based on the interpretation of the court decisions, we focus on the main features of the courts’ reasoning and examine how the courts have assessed the impact of wind turbines on reindeer husbandry. This chapter thus explains the main factors that have influenced and limited the court decisions and also concludes that these court decisions have failed to guarantee the right of the Sámi Indigenous people to practice sustainable reindeer husbandry in Sweden.
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