| 1. |
- Klapwijk, Maartje, et al.
(author)
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Reducing the risk of invasive forest pests and pathogens : Combining legislation, targeted management and public awareness
- 2016
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In: Ambio. - : Springer Science and Business Media LLC. - 0044-7447 .- 1654-7209. ; 45, s. S223-S234
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Journal article (peer-reviewed)abstract
- Intensifying global trade will result in increased numbers of plant pest and pathogen species inadvertently being transported along with cargo. This paper examines current mechanisms for prevention and management of potential introductions of forest insect pests and pathogens in the European Union (EU). Current European legislation has not been found sufficient in preventing invasion, establishment and spread of pest and pathogen species within the EU. Costs associated with future invasions are difficult to estimate but past invasions have led to negative economic impacts in the invaded country. The challenge is combining free trade and free movement of products (within the EU) with protection against invasive pests and pathogens. Public awareness may mobilise the public for prevention and detection of potential invasions and, simultaneously, increase support for eradication and control measures. We recommend focus on commodities in addition to pathways, an approach within the EU using a centralised response unit and, critically, to engage the general public in the battle against establishment and spread of these harmful pests and pathogens.
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| 2. |
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| 3. |
- Allard, Christina, 1971-
(author)
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The Rationale for the Duty to Consult Indigenous Peoples : Comparative Reflections from Nordic and Canadian Legal Contexts
- 2018
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In: Arctic Review on Law and Politics. - : Cappelen Damm AS. - 1891-6252 .- 2387-4562. ; 9, s. 25-43
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Journal article (peer-reviewed)abstract
- Although the standard of consulting Indigenous peoples in decisions affecting them is well rooted internationally as well as in national legal systems, different views and patterns of problems are associated with the concept and its practice. This paper briefly analyses and contrasts the duty to consult Indigenous peoples through a comparison of the three Nordic countries Norway, Finland and Sweden, and Canada. Based on domestic legal sources, the focus of the paper is to explore the legal foundation that has given rise to the specific set of rules for the duty to consult, that is, the rationale behind the evolving of the rules. The first finding is that the rules differ among the three Nordic countries, with Sweden being the only country that lacks specific rules. Secondly, whereas Canada has developed its own duty to consult primarily through domestic case law, in the Nordic countries, duty to consult is related to international law obligations. Consultation duties that have evolved from domestic law may be easier to accept than “foreign” regulations imposed on national legal systems. This could explain the reluctance among the Nordic States to accept specific consultations with the Sami Parliament and other Sami groups, particularly in Sweden.
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| 4. |
- Ek, Kristina, et al.
(author)
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Challenges in Swedish hydropower : politics, economics and rights
- 2017
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In: Research Ideas and Outcomes. - : Pensoft Publishers. - 2367-7163. ; 3
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Journal article (peer-reviewed)abstract
- Two systems working in parallel have contributed to implementation difficulties in Swedish water governance. While the old system is designed to be predictable and stable over time, the new system is intended to be transparent and holistic, guided by the principles of Integrated Water Resource Management. The paper disentangles the challenges in Swedish water governance and proposes a blueprint for future research. The proposed research project is unique in the sense that it explores the imbalances between the new and the old water governance systems from a multi-disciplinary perspective, elaborating upon the clashes between the traditional, nationally based regulatory system and the new holistic water governance system from legal, political and economic perspectives.
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| 5. |
- Michanek, Gabriel, et al.
(author)
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Licensing of nuclear power plants : the case of Sweden in an international comparison
- 2009
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In: Energy Policy. - Guildford : Elsevier BV. - 0301-4215 .- 1873-6777. ; 37:10, s. 4086-4097
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Journal article (peer-reviewed)abstract
- Efficient power plant licensing procedures are essential for the functioning of deregulated electricity markets. The purpose of this paper is to review and analyse the licensing process for nuclear power plants in Sweden, and in part contrast the Swedish case with the corresponding approaches in a selection of other countries. This approach permits a discussion of how licensing processes can be altered and what the benefits and drawbacks of such changes are. The paper highlights and discusses a number of important legal issues and implications, including, for instance: (a) the role of political versus impartial decision-making bodies; (b) the tension between national policy goals and implementation at the local level; (c) public participation and access to justice; (d) consistency and clarity of the legal system; and (e) the introduction of license time limits.
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| 6. |
- Pettersson, Maria, 1971-, et al.
(author)
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Assessing the legitimacy of flood risk governance arrangements in Europe : insights from intra-country evaluations
- 2017
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In: Water international. - : Taylor & Francis. - 0250-8060 .- 1941-1707. ; 42:8, s. 929-944
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Journal article (peer-reviewed)abstract
- Legitimacy has received comparatively less attention than societal resilience in the context of flooding, thus methods for assessing and monitoring the legitimacy of flood risk governance arrangements are noticeably lacking. This study attempts to address this gap by assessing the legitimacy of flood risk governance arrangements in six European countries through cross-disciplinary and comparative research methods. On the basis of this assessment, recommendations to enhance the legitimacy of flood risk governance in Europe are presented.
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| 7. |
- Raitio, Kaisa, et al.
(author)
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Mineral extraction in Swedish Sápmi : The regulatory gap between Sami rights and Sweden’s mining permitting practices
- 2020
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In: Land use policy. - : Elsevier. - 0264-8377 .- 1873-5754. ; 99
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Journal article (peer-reviewed)abstract
- In Sweden, extractive industries are placing increasing pressure on the traditional indigenous Sami livelihood of reindeer herding. Consequently, the intersection of indigenous rights and mining-related development in Sweden has become an increasingly contested socio-legal space. In this article, we analyse the extent to which there are meaningful opportunities for Sami reindeer herding communities in Sweden to effectively influence the permit procedures concerning proposed mines, in order to protect their rights and interests. We provide a comprehensive socio-legal analysis that highlights the weak level of recognition of Sami rights and related impact assessments within the mining permitting system in Sweden. We demonstrate the weakness is caused by several factors: an a priori assumption by Swedish authorities that reindeer herding and mining can generally co-exist; the lack of a codified Swedish State duty to consult the Sami; the narrow scope and the weak status of cumulative impact assessments in Swedish EIA legislation and practice; and the weak recognition of Sami reindeer herding as a “property right” during the permit review process under the balancing of competing land-uses. Our results highlight the urgent need for legislative reform in Sweden, if the State is to fulfil its international obligations and improve its legal consistency concerning the rights of the Sami as an indigenous people.
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| 8. |
- Sandra, Casotta, et al.
(author)
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Climate Change, Environmental Threats and Cyber-Threats to Critical Infrastructures in Multi-Regulatory Sustainable Global Approach with Sweden as an Example
- 2019
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In: Beijing Law Review. - : Scientific Research Publishing. - 2159-4627 .- 2159-4635. ; 10:3, s. 616-642
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Journal article (peer-reviewed)abstract
- This article explores and analyzes the nexus between climate change, environmental threats, and cyber-threats in a multi-regulatory contextual sustainable global approach with Sweden as an example. Research and collection of material have been conducted with the precise aim to draw a parallel between environmental regulations and the cyberspace and cybersecurity systems. Many aspects of the cyber-security system are not known and are highly fragmented. Selected points of the study of the Swedish cyber strategy are being developed in parallel to the environmental regime in order to better understand how to improve the effectiveness of the cyber complex regime from a contextual perspective. One way to better understand the cybersecurity system is to make an interdisciplinary study of how best to coordinate these systems, thus making both cyber law and policy more effective. This leads to bringing evidence on how to take inspiration from a regime system (environmental law or, more concretely, the environmental liability framework) and using it as source of inspiration to understand and shape the formation of another system in another area, namely cybersecurity. The method of this ongoing research consists of choosing and applying key aspects of environmental law (such as concepts and principles) and comparing them with comparable selected cybersecurity key aspects, which are selected because they present strong similarities with their “equivalent” focal points pertaining to the environmental system. When conducting this comparison, multi-level governance is applied too, which means analysis of the sources of law and policy existing at Global/Regional/National (local) levels in order to understand the interactions between different levels. The analytical task of the research consists of choosing some focal points from the environmental liability system that are very similar and comparable to those of the cyber regime.
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| 9. |
- Söderasp, Johanna, 1982-, et al.
(author)
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Before and After the Weser Case : Legal Application of the Water Framework Directive Environmental Objectives in Sweden
- 2019
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In: Journal of environmental law. - : Oxford University Press. - 0952-8873 .- 1464-374X. ; 31:2, s. 265-290
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Journal article (peer-reviewed)abstract
- The EU Water Framework Directive (WFD) prescribes environmental objectives and an adaptive water governance system. This article analyses the Swedish implementation of the WFD through a review of high-profile Swedish court cases regarding the application of the WFD environmental objectives in individual authorisation processes for water operations. The selection of court cases represents both the time before and after the Court of Justice of the European Union’s Weser case in 2015. The results indicate an inertial tendency in the legal application of the WFD environmental objectives in Swedish courts, including a reluctance to fully apply EU law as interpreted by the CJEU. The overall conclusion is that traditional legal certainty aspects often trump flexibility and a high level of environmental protection as desired in the adaptive water governance system of the WFD. This raises questions about judicial preconceptions and the procedural autonomy of the Member States vis-à-vis the ‘effet utile’ of EU law through judicial implementation.
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| 10. |
- Gilissen, Herman Kasper, et al.
(author)
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A framework for evaluating the effectiveness of Flood Emergency Management Systems in Europe
- 2016
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In: Ecology & Society. - 1708-3087. ; 21:4
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Journal article (peer-reviewed)abstract
- Society is faced with a range of contemporary threats to everyday life, from natural and technological hazards to accidents and terrorism. These are embodied within integrated emergency management arrangements that are designed to enhance preparedness and response to such incidents, and in turn facilitate a prompt recovery. Such arrangements must be inherently dynamic and evolve as new threats emerge or as existing threats change. An example of the latter is the changing nature of flooding, which is projected to increase in both frequency and severity with climate change. Recognizing this evolving threat, we focus on the evaluation of the effectiveness of domestic Flood Emergency Management Systems (FEMS) as components of integrated emergency management arrangements. Despite the extensive body of literature that documents success conditions of so-called effective emergency management more broadly, there have been only a few attempts to construct a comprehensive evaluation framework to support objective assessment and cross-country comparison. Addressing this gap, we formulate an evaluation framework specifically tailored to the study of FEMS in Europe, which is then provisionally applied to the study of FEMS in England (UK), France, the Netherlands, Poland, and Sweden. Important differences are observed in how FEMS have evolved in relation to differing contextual backgrounds (political, cultural, administrative, and socio-economic) and exposures to flood hazard. From this provisional assessment, a number of opportunities for, and constraints to, enhancing the effectiveness of FEMS in Europe are discerned. The evaluation framework thus serves as an important stepping stone for further indepth inquiry, and as a valuable tool for future comparative study.
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