| 1. |
- Belinskij, Antti, et al.
(författare)
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Bringing Back Environmental Flows – The case of migratory fish and the lack of legal adaptivity in Finnish rivers.
- 2017
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Ingår i: Finnish Yearbook of International Law. - 0786-6453. ; X, s. 89-149
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Tidskriftsartikel (refereegranskat)abstract
- Considering significant normative inputs stemming especially from the EU Water Framework Directive (WFD), the article discusses possible legal avenues for restoring ecological flows in the built Finnish rivers. We argue that the current obligations stemming from the Finnish Water Law – and their interpretation in relation to migratory fish – are outdated and even legally problematic. Overall, neither the Finnish legislature, nor the Finnish water administration have reacted quickly enough to the changes in circumstances caused by the development of EU law, the declining importance of hydropower for the Finnish energy policy, and the current knowledge of the ecological importance of migratory fish species for the river ecosystems. Despite this, we argue that the Finnish Water Law already contains some tools for reviewing fisheries regulations in existing water permits, but also legislative changes are required to implement and to enforce the obligations stemming from the WFD.
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| 2. |
- Belinskij, Antti, et al.
(författare)
-
Legal Resilience of Water, Food and Energy Security in Finland
- 2017
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Ingår i: Finnish Yearbook of Environmental Policy and Law. - 0786-6453. ; X, s. 275-343
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Tidskriftsartikel (refereegranskat)abstract
- In this article, we analyse the extent to which the Finnish legal system supports the resilience of water, food- and energy security systems, and how the identified legal frameworks could be developed to better address the security concerns of these three sectors. Our analysis of regulatory resilience demonstrates that the Finnish security regulation functions reasonably well. First, the legal system recognises the main threats to water, food and energy security. Second, the regulatory system contains wide-ranging and integrated regulation of responses to various types of emergencies. Third, the times-scales from emergency response to long-term planning are addressed in law, although the heaviest regulatory focus is on the shorter time-span. There is an increasing number of legal instruments geared towards the long-term preparation and adaptation to security threats. Although the existing regulatory framework addresses important elements of resilience, some challenges remain.
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| 3. |
- Cosens, Barbara, et al.
(författare)
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Governing complexity : Integrating science, governance, and law to manage accelerating in the commons
- 2021
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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. ; 118:36
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Tidskriftsartikel (refereegranskat)abstract
- The speed and uncertainty of environmental change in the Anthropocene challenge the capacity of coevolving social-ecological-technological systems (SETs) to adapt or transform to these changes. Formal government and legal structures further constrain the adaptive capacity of our SETs. However, new, selforganized forms of adaptive governance are emerging at multiple scales in natural resource-based SETs. Adaptive governance involves the private and public sectors as well as formal and informal institutions, self-organized to fill governance gaps in the traditional roles of states. While new governance forms are emerging, they are not yet doing so rapidly enough to match the pace of environmental change. Furthermore, they do not yet possess the legitimacy or capacity needed to address disparities between the winners and losers from change. These emergent forms of adaptive governance appear to be particularly effective in managing complexity. We explore governance and SETs as coevolving complex systems, focusing on legal systems to understand the potential pathways and obstacles to equitable adaptation. We explore how governments may facilitate the emergence of adaptive governance and promote legitimacy in both the process of governance despite the involvement of nonstate actors, and its adherence to democratic values of equity and justice. To manage the contextual nature of the results of change in complex systems, we propose the establishment of long-term study initiatives for the coproduction of knowledge, to accelerate learning and synergize interactions between science and governance and to foster public science and epistemic communities dedicated to navigating transitions to more just, sustainable, and resilient futures.
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| 4. |
- Kyrönviita, Jonas, 1988, et al.
(författare)
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Achieving Blue Growth Post-Weser : a Study of Aquaculture Regulation in the Nordic Region
- 2021
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Ingår i: Journal for European Environmental & Planning Law. - : Brill Nijhoff. - 1613-7272 .- 1876-0104. ; 18:3, s. 256-274
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Tidskriftsartikel (refereegranskat)abstract
- This article explores how the conflict between the interests of protecting water quality in the coastal waters of the Baltic Sea from nutrient emissions on one hand, and supporting blue growth in the aquaculture sector on the other, has played out in the Nordic legal systems and industry practice. It does so by reviewing the legal and industrial developments in Sweden, Denmark, Finland and the Åland Islands with a focus on interpretation and application of the common EU regulatory framework, mainly the Water Framework Directive and the ecj Weser ruling, and the response from the aquaculture sector. The study shows that the four studied jurisdictions have taken disparate regulatory approaches in balancing ecological status of waters and blue growth. As a consequence of these legal developments, the aquaculture industry faces difficulty in attaining required permits for their operations in all four jurisdictions and significant uncertainty on how to develop the sector to meet the set growth objectives has arisen.
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| 5. |
- Larsson, Rolf, et al.
(författare)
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Coordination of water policies for quality and quantity : experiences from Nordic and Baltic countries
- 2022
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Ingår i: Hydrology Research. - : IWA Publishing. - 1998-9563 .- 0029-1277 .- 2224-7955. ; 53:9, s. 1166-1185
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Tidskriftsartikel (refereegranskat)abstract
- The European Union (EU) Water Framework Directive is of paramount importance for water management. According to the legal text, coordination with other directives like the Floods Directive is imperative and motivated by potential synergy effects. In this paper, the degree to which such coordination is achieved is evaluated for five Nordic and Baltic countries. The evaluation is based on legal documents, management plans, as well as on organizational structure in the five countries. The results show that the coordination between the Water Framework Directive and the Floods Directive (or flood management for Norway's case), have been successful for Estonia and Lithuania, whereas Norway, Finland, and especially Sweden need to improve more.
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