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- Bohman, Brita, 1979-
(författare)
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Transboundary Law for Social-Ecological Resilience? : A Study on Eutrophication in the Baltic Sea Area
- 2017
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This dissertation evaluates the role and effectiveness of law in the transboundary environmental governance of the Baltic Sea with regard to eutrophication. To this end, it reviews the applicable international agreements with their related instruments, as well as the EU legal frameworks, for the protection of the Baltic Sea environment on the basis of theories on resilience in social-ecological systems. The scientific discourse on resilience in social-ecological systems provides theories on effective governance of complex environmental problems with nonlinear causal connections. The governance features identified in resilience governance also show significant similarities with characteristic features of the concept of ecosystem approach. The resilience features can thus provide guidance to the operationalization of this concept, which lacks a distinct meaning in the legal context.Eutrophication is one of the main environmental problems in the Baltic Sea. Despite the fact that this problem has been acknowledged since the 1970s, only little progress has been visible in the attempts to limit the problem. Environmental governance in the form of cooperation and common action has, however, been established by the coastal states of the Baltic Sea to reduce the discharges to their common resource. This was originally coordinated through the Helsinki Convention and its administrative organization HELCOM in the 1970s. Since the year 2000 a new set of legal instruments and approaches have developed, emphasizing also the ecosystem approach. These instruments have a basis both in HELCOM and in EU environmental law, most significantly represented by the Water Framework Directive and the Marine Strategy Framework Directive. They establish a unique regulatory structure, with new approaches to regulation, which also give rise to questions regarding interpretation and effectiveness that have not previously been analyzed.It is concluded that applicable law in the Baltic Sea area reflects resilience features such as adaptability, flexibility and redundancy within the legal structure. The legal structure for the Baltic Sea is dynamic and stretches over many levels of governance. The applicable legal instruments are constructed so as to be adaptable and flexible. The legal instruments moreover include significant elements that provide for participation at different levels and in different forms, which contribute to enabling the mentioned resilience features. However, the Baltic Sea legal structure – as law in general – has different core functions than just providing for effective environmental governance. Law is based in a number of general principles connected to the rule of law and the function of law as a foundation for stability in the society and in human interactions. These principles are also important since they are directly linked to enforcement, monitoring and control. While the legal structure in the Baltic Sea may provide for effective governance and social-ecological resilience, the resilience features reflected in law do not always appear as far-reaching as suggested by resilience theories, much due to the legal principles. It is however because of these principles and the base for binding requirements they enable, that law can push for governance measures and features that might not have been accomplished otherwise. This, in the larger perspective, includes creating requirements that steer human activities away from critical thresholds.
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- du Rées, Helena, 1963-
(författare)
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Miljöbrott, myndighet och marknad : En studie om miljöstraffrätt och allmänprevention
- 2004
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Penal law has long been of central interest to the political debate on environmental regulation. The objective of this dissertation is to examine the role of penal law as a means of controlling environmentally hazardous economic activities. The focus of the work is directed at the general preventive effects of the threat of penal sanctioning. The role of penal law is studied by means of a questionnaire distributed to super¬visory agencies, police and prosecutors in 1999, and by means of interviews conducted in 2002 with representatives from both public and private sector organisations. An additional analysis has been carried out of material collected by means of a questionnaire distri¬buted by the Prosecutor-General to supervisory agencies and public prosecutors’ offices in 1998, and another distributed by the National Police Board to police authorities also in 1998. Supervisory agencies constitute the first link in the judicial chain associated with the prose¬cution of environmental crime. These agencies’ resource levels, combined with the num¬ber of organisations they have to inspect, their working practices and their ambiguous role vis-à-vis these organisations, may produce a situation where the likelihood of uncovering envi¬ronmen¬tal offences is small and where the propensity to report such offences is negatively affected. The officials working at the agencies in the study felt that police and prosecutors constituted the weakest links in relation to the likelihood that environmental offences would be sanctioned. A large proportion of the problems experienced by police and prosecutors may be understood as a result of the unique character of this particular area. These crimes are often technically complex, both as regards the offences themselves, the legislation and also the question of responsibility. This is related to a need for relevant expertise at the investigating agencies. Despite the risk of discovery associated with environmental crime being deemed to be low, and the sanctions awarded often being deemed very lenient, those interviewed felt that envi¬ron¬mental offending could not pay over the longer term. The attitudes expressed by the inter¬viewees can be understood on the basis of a control theoretical perspective. The study con¬cludes that environmental penal law probably has the greatest deterrent effect on those organi¬sations that have most to lose in terms of investments in their good name, in relation to envi¬ro¬n¬mental protection for example. Further, it appears that the more dependant an organisation is on other actors with conven¬tional values, such as collaborative partners, public sector agen¬cies or employees, the less likely it will be to risk its reputation by committing offences. The costs involved are not in the first instance associated with judicial sanctions, but are rather “punishments” associated with the market. Thus criminal justice system regulation may constitute a judicial core that produces additional social consequences.
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- Duit, Andreas, et al.
(författare)
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Governance, complexity, and resilience
- 2010
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Ingår i: Global Environmental Change. - Guildford, Surrey : Butterworth-Heinemann, publ. in cooperation with the United Nations. - 0959-3780 .- 1872-9495. ; 20:3, s. 363-368
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Tidskriftsartikel (refereegranskat)abstract
- This special issue brings together prominent scholars to explore novel multilevel governance challenges posed by the behavior of dynamic and complex social-ecological systems. Here we expand and investigate the emerging notion of “resilience” as a perspective for understanding how societies can cope with, and develop from, disturbances and change. As the contributions to the special issue illustrate, resilience thinking in its current form contains substantial normative and conceptual difficulties for the analysis of social systems. However, a resilience approach to governance issues also shows a great deal of promise as it enables a more refined understanding of the dynamics of rapid, interlinked and multiscale change. This potential should not be underestimated as institutions and decision-makers try to deal with converging trends of global interconnectedness and increasing pressure on social-ecological systems.
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- Ebbesson, Jonas, 1963-
(författare)
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Allmänhetens rätt till insyn och deltagande i kemikaliekontrollen
- 2010
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Ingår i: Koll på kemikalier?. - Uppsala : Iustus förlag. - 9789176787601 ; , s. 163-202
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- Författarna till boken diskuterar och analyserar intressekonflikter, incitament, restriktioner, riskbedömningar och flernivåstyrning i kemikaliekontrollen. Syftet är inte bara att erbjuda en lättillgänglig presentation av regelverken, utan också att kritiskt granska den rättsliga kontrollen av kemikalier. Hur effektiv är den? Hur beaktas naturvetenskaplig och samhällsvetenskaplig riskinformation i kemikaliebeslut och rättstillämpning? Vilka intressen gynnas och vilka motverkas eller negligeras? Vilka möjligheter - rättigheter - har andra än tillverkare, importörer och användare att ta del av kemikalieinformation och medverka när beslut om kemikalier fattas?
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