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- 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current obligations stemming from the Finnish Water Law – and their interpretation in relation to migratory fish – are outdated and even legally problematic.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)
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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. |
- 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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