Legal Prerequisites for a Nutrient Trading Scheme to Control Eutrophication in the Baltic Sea

In: Journal for European Environmental & Planning Law

This paper explores the legal aspects of a nutrient trading scheme suggested as an effective ecosystem management of the Baltic Sea, especially for dealing with eutrophication – over-fertilisation – of the Baltic waters. The relevant sources of the law relating to the Baltic Sea are analysed, noting also features of the international emission trading scheme (iets), the European Union Emission Trading Scheme (euets) and the white certificate economic instrument. The legal prerequisites for a nutrient trading scheme are identified. Also, necessary changes in the legal framework of the Helsinki Commission/Baltic Marine Environment Protection Commission (Helcom) are suggested, should the Helcom parties consider such a scheme. The present work seeks to contribute to the legal knowledge needed for more effective and adaptive ecosystem management of the Baltic Sea, or other regional seas.

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    In 2009imo elaborated new regulations for ships under Annex IV to marpol with the aim to eliminate the discharge of sewage from ships especially from passenger ships and ferries.

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    Revision of the Helsinki rules 1966see SOURCES OF THE INTERNATIONAL LAW ASSOCIATION RULES ON WATER RESOURCES <file:///C:/Users/maka/Downloads/water_resources_fr_2004sources.pdf>.

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    Consistent case law since 1970: ecr pp.1213 et seq. The European Court of Justice has ruled that individual provisions of a directive may exceptionally be directly applicable in a Member State without requiring an act of transposition by that Member State beforehand

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