Author: Brita Bohman

Abstract

Managerial compliance is a concept that was introduced in international law in the 1990s as an alternative view on how and why states comply with international agreements. The basic idea in this view on compliance is that states want to comply with international agreements, and do so, if given the right prerequisites and support instead of being sanctioned for non-compliance i.e. if being given ‘carrots’ rather than ‘sticks’. In short this perspective on compliance and state behaviour includes the theory that encouragement and factors such as technical and financial resources, and administrative support in developing regulatory approaches or measures, are more rewarding in terms of compliance than different forms of sanctions or hard rules. This perspective on compliance can be especially useful in environmental law since effective measures and results often are difficult to assess in relation to complex environmental problems. The chapter shows how the regulatory structure in the Baltic Sea region that developed as a result of the implementation of an ecosystem approach is a system that creates and promotes the characteristics of managerial compliance, and thus strengthens enforcement and general compliance with the given instruments.

In: The Ecosystem Approach in Ocean Planning and Governance

Abstract

The main environmental problem of the Baltic Sea is that too many nutrients are being released to the sea (eutrophication). As many of the ‘easy’ measures to reduce the load from land-based sources have been put in place, increasing attention is given to measures to reduce the release of nutrients from the seabed sediments through the use of various technologies at sea, i.e. ‘sea-based’ measures.

There is no specific legal framework available for sea-based measures, but a number of provisions set general obligations to protect and preserve the marine environment.

The analysis indicates that neither the type of measure nor the geographical location of the activity is of decisive importance for the legal rights and obligations involved. Instead, the legality of any sea-based measure depends on the risks they present balanced against their benefits. There is considerable uncertainty on all these issues, and the matter is further complicated by the fact that both the risks and the benefits of the measures relate to their environmental impact.

It is recommended that a regional risk-based framework is established for assessing when and how further research on sea-based technologies can be undertaken in the Baltic Sea.

In: Combatting Eutrophication in the Baltic Sea: Legal Aspects of Sea-Based Engineering Measures

Abstract

The main environmental problem of the Baltic Sea is that too many nutrients are being released to the sea (eutrophication). As many of the ‘easy’ measures to reduce the load from land-based sources have been put in place, increasing attention is given to measures to reduce the release of nutrients from the seabed sediments through the use of various technologies at sea, i.e. ‘sea-based’ measures.

There is no specific legal framework available for sea-based measures, but a number of provisions set general obligations to protect and preserve the marine environment.

The analysis indicates that neither the type of measure nor the geographical location of the activity is of decisive importance for the legal rights and obligations involved. Instead, the legality of any sea-based measure depends on the risks they present balanced against their benefits. There is considerable uncertainty on all these issues, and the matter is further complicated by the fact that both the risks and the benefits of the measures relate to their environmental impact.

It is recommended that a regional risk-based framework is established for assessing when and how further research on sea-based technologies can be undertaken in the Baltic Sea.

In: Brill Research Perspectives in the Law of the Sea