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Söderasp, J. & Pettersson, M. (2019). Before and After the Weser Case: Legal Application of the Water Framework Directive Environmental Objectives in Sweden. Journal of environmental law, 31(2), 265-290
Open this publication in new window or tab >>Before and After the Weser Case: Legal Application of the Water Framework Directive Environmental Objectives in Sweden
2019 (English)In: Journal of environmental law, ISSN 0952-8873, E-ISSN 1464-374X, Vol. 31, no 2, p. 265-290Article in journal (Refereed) Published
Abstract [en]

The EU Water Framework Directive (WFD) prescribes environmental objectives and an adaptive water governance system. This article analyses the Swedish implementation of the WFD through a review of high-profile Swedish court cases regarding the application of the WFD environmental objectives in individual authorisation processes for water operations. The selection of court cases represents both the time before and after the Court of Justice of the European Union’s Weser case in 2015. The results indicate an inertial tendency in the legal application of the WFD environmental objectives in Swedish courts, including a reluctance to fully apply EU law as interpreted by the CJEU. The overall conclusion is that traditional legal certainty aspects often trump flexibility and a high level of environmental protection as desired in the adaptive water governance system of the WFD. This raises questions about judicial preconceptions and the procedural autonomy of the Member States vis-à-vis the ‘effet utile’ of EU law through judicial implementation.

Place, publisher, year, edition, pages
Oxford University Press, 2019
Keywords
water framework directive, environmental objectives, environmental quality standards, legal application, loyal interpretation, judicial implementation
National Category
Law Law (excluding Law and Society)
Research subject
Law
Identifiers
urn:nbn:se:ltu:diva-71156 (URN)10.1093/jel/eqz003 (DOI)
Funder
Luleå University of Technology
Note

Validerad;2019;Nivå 2;2019-07-11 (johcin)

Available from: 2018-10-09 Created: 2018-10-09 Last updated: 2019-07-11Bibliographically approved
Sandra, C. & Pettersson, M. (2019). Climate Change, Environmental Threats and Cyber-Threats to Critical Infrastructures in Multi-Regulatory Sustainable Global Approach with Sweden as an Example. Beijing Law Review, 10(3), 616-642, Article ID 93271.
Open this publication in new window or tab >>Climate Change, Environmental Threats and Cyber-Threats to Critical Infrastructures in Multi-Regulatory Sustainable Global Approach with Sweden as an Example
2019 (English)In: Beijing Law Review, ISSN 2159-4627, E-ISSN 2159-4635, Vol. 10, no 3, p. 616-642, article id 93271Article in journal (Refereed) Published
Abstract [en]

This article explores and analyzes the nexus between climate change, environmental threats, and cyber-threats in a multi-regulatory contextual sustainable global approach with Sweden as an example. Research and collection of material have been conducted with the precise aim to draw a parallel between environmental regulations and the cyberspace and cybersecurity systems. Many aspects of the cyber-security system are not known and are highly fragmented. Selected points of the study of the Swedish cyber strategy are being developed in parallel to the environmental regime in order to better understand how to improve the effectiveness of the cyber complex regime from a contextual perspective. One way to better understand the cybersecurity system is to make an interdisciplinary study of how best to coordinate these systems, thus making both cyber law and policy more effective. This leads to bringing evidence on how to take inspiration from a regime system (environmental law or, more concretely, the environmental liability framework) and using it as source of inspiration to understand and shape the formation of another system in another area, namely cybersecurity. The method of this ongoing research consists of choosing and applying key aspects of environmental law (such as concepts and principles) and comparing them with comparable selected cybersecurity key aspects, which are selected because they present strong similarities with their “equivalent” focal points pertaining to the environmental system. When conducting this comparison, multi-level governance is applied too, which means analysis of the sources of law and policy existing at Global/Regional/National (local) levels in order to understand the interactions between different levels. The analytical task of the research consists of choosing some focal points from the environmental liability system that are very similar and comparable to those of the cyber regime.

Place, publisher, year, edition, pages
Scientific Research Publishing, 2019
Keywords
Climate Change and Cybersecurity, Environmental Liability Regime
National Category
Law Law (excluding Law and Society)
Research subject
Law
Identifiers
urn:nbn:se:ltu:diva-75388 (URN)10.4236/blr.2019.103035 (DOI)
Note

Validerad;2019;Nivå 1;2019-08-14 (johcin)

Available from: 2019-08-05 Created: 2019-08-05 Last updated: 2019-08-14Bibliographically approved
Avango, D., Kunnas, J., Pettersson, M., Pettersson, Ö., Roberts, P., Solbär, L., . . . Wråkberg, U. (2019). Constructing northern Fennoscandia as a mining region (1ed.). In: E. Carina H. Keskitalo (Ed.), The Politics of Arctic Resources.: Change and Continuity in the “Old North” of Northern Europe (pp. 78-98). London: Routledge
Open this publication in new window or tab >>Constructing northern Fennoscandia as a mining region
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2019 (English)In: The Politics of Arctic Resources.: Change and Continuity in the “Old North” of Northern Europe / [ed] E. Carina H. Keskitalo, London: Routledge, 2019, 1, p. 78-98Chapter in book (Refereed)
Place, publisher, year, edition, pages
London: Routledge, 2019 Edition: 1
Series
Transforming Environmental Politics and Policy
National Category
Social Sciences Law (excluding Law and Society)
Research subject
Law; Law
Identifiers
urn:nbn:se:ltu:diva-73841 (URN)10.4324/9781315174969 (DOI)9781315174969 (ISBN)9781138040601 (ISBN)
Available from: 2019-05-03 Created: 2019-05-03 Last updated: 2019-07-24Bibliographically approved
Keskitalo, E. C., Pettersson, M. & Sörlin, S. (2019). Introduction. Understanding historical contingencies into the future: Cases from northern Europe (1ed.). In: E. Carina H. Keskitalo (Ed.), The Politics of Arctic Resources. : Change and Continuity in the “Old North” of Northern Europe (pp. 1-17). London: Routledge
Open this publication in new window or tab >>Introduction. Understanding historical contingencies into the future: Cases from northern Europe
2019 (English)In: The Politics of Arctic Resources. : Change and Continuity in the “Old North” of Northern Europe / [ed] E. Carina H. Keskitalo, London: Routledge, 2019, 1, p. 1-17Chapter in book (Refereed)
Place, publisher, year, edition, pages
London: Routledge, 2019 Edition: 1
Series
Transforming Environmental Politics and Policy
National Category
Social Sciences Law (excluding Law and Society)
Research subject
Law
Identifiers
urn:nbn:se:ltu:diva-73839 (URN)10.4324/9781315174969 (DOI)9781315174969 (ISBN)9781138040601 (ISBN)
Available from: 2019-05-03 Created: 2019-05-03 Last updated: 2019-07-24Bibliographically approved
Solbär, L., Marcanó, P. & Pettersson, M. (2019). Land-use planning and designated national interests in Sweden: arctic perspectives on landscape multifunctionality. Journal of Environmental Planning and Management
Open this publication in new window or tab >>Land-use planning and designated national interests in Sweden: arctic perspectives on landscape multifunctionality
2019 (English)In: Journal of Environmental Planning and Management, ISSN 0964-0568, E-ISSN 1360-0559Article in journal (Refereed) Epub ahead of print
Abstract [en]

Rural land-use planning should handle land-use interests, such as nature-based tourism, biodiversity preservation and industrial resource extraction, on an appropriate level of scale. Management for multifunctionality represents an option in factually multifunctional landscapes. The Swedish policy of national interests, as applied in the context of the three northernmost municipalities’ statutory comprehensive plan-making, provides an attempt in this direction. Based on mapping and practitioner interviews, the study reveals that the vague ‘practical’ implications of the omnipresent land-use designations under the policy complicate the task of local-level spatial planning. Integrated consideration of multiple uses (or use options), implicated by policy principles, was found to fall back into case-by-case assessments. Land-use designation can be worked into a tool for the governance of multifunctional landscapes when care is taken to manage the aspects outlined in the study, among others interagency orchestration and explicit regulation of co-existence.

Place, publisher, year, edition, pages
Taylor & Francis, 2019
Keywords
landscape governance, rural resources, multifunctionality, riksintresse, Sweden
National Category
Social Sciences Law (excluding Law and Society)
Research subject
Law
Identifiers
urn:nbn:se:ltu:diva-72578 (URN)10.1080/09640568.2018.1535430 (DOI)
Available from: 2019-01-16 Created: 2019-01-16 Last updated: 2019-02-01
Kunnas, J., Keskitalo, E. C., Pettersson, M. & Stjernström, O. (2019). The institutionalization of forestry as a primary land use in Sweden (1ed.). In: E. Carina H. Keskitalo (Ed.), The Politics of Arctic Resources. : Change and Continuity in the “Old North” of Northern Europe (pp. 62-77). London: Routledge
Open this publication in new window or tab >>The institutionalization of forestry as a primary land use in Sweden
2019 (English)In: The Politics of Arctic Resources. : Change and Continuity in the “Old North” of Northern Europe / [ed] E. Carina H. Keskitalo, London: Routledge, 2019, 1, p. 62-77Chapter in book (Refereed)
Place, publisher, year, edition, pages
London: Routledge, 2019 Edition: 1
Series
Transforming Environmental Politics and Policy
National Category
Social Sciences Law (excluding Law and Society)
Research subject
Law
Identifiers
urn:nbn:se:ltu:diva-73840 (URN)10.4324/9781315174969 (DOI)2-s2.0-85065887155 (Scopus ID)9781315174969 (ISBN)
Available from: 2019-05-03 Created: 2019-05-03 Last updated: 2019-07-24Bibliographically approved
Driessen, P. P. J., Hegger, D. L. .., Kundzewicz, Z. W., van Rijswick, H. F. M., Crabbé, A., Larrue, C., . . . Wiering, M. (2018). Governance Strategies for Improving Flood Resilience in the Face of Climate Change. Water, 10(11), Article ID 1595.
Open this publication in new window or tab >>Governance Strategies for Improving Flood Resilience in the Face of Climate Change
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2018 (English)In: Water, ISSN 2073-4441, E-ISSN 2073-4441, Vol. 10, no 11, article id 1595Article in journal (Refereed) Published
Abstract [en]

Flooding is the most common of all natural disasters and accounts for large numbers of casualties and a high amount of economic damage worldwide. To be ‘flood resilient’, countries should have sufficient capacity to resist, the capacity to absorb and recover, and the capacity to transform and adapt. Based on international comparative research, we conclude that six key governance strategies will enhance ‘flood resilience’ and will secure the necessary capacities. These strategies pertain to: (i) the diversification of flood risk management approaches; (ii) the alignment of flood risk management approaches to overcome fragmentation; (iii) the involvement, cooperation, and alignment of both public and private actors in flood risk management; (iv) the presence of adequate formal rules that balance legal certainty and flexibility; (v) the assurance of sufficient financial and other types of resources; (vi) the adoption of normative principles that adequately deal with distributional effects. These governance strategies appear to be relevant across different physical and institutional contexts. The findings may also hold valuable lessons for the governance of climate adaptation more generally.

Place, publisher, year, edition, pages
MDPI, 2018
Keywords
flood risk management, flood resilience, governance strategies, climate change
National Category
Social Sciences Law (excluding Law and Society)
Research subject
Law
Identifiers
urn:nbn:se:ltu:diva-71546 (URN)10.3390/w10111595 (DOI)000451736300102 ()2-s2.0-85056214285 (Scopus ID)
Note

Validerad;2018;Nivå 2;2018-12-03 (johcin)

Available from: 2018-11-12 Created: 2018-11-12 Last updated: 2019-03-27Bibliographically approved
Keskitalo, E. C., Strömberg, C., Pettersson, M., Johanna, B., Klapwijk, M., Oliva Palau, J. & Stenlid, J. (2018). Implementing Plant Health Regulations with Focus on Invasive Forest Pests and Pathogens: Examples from Swedish Forest Nurseries. In: Julie Urquhart, Mariella Marzano, Clive Potter (Ed.), The Human Dimensions of Forest and Tree Health: Global perspectives (pp. 193-210). Cham: Palgrave Macmillan
Open this publication in new window or tab >>Implementing Plant Health Regulations with Focus on Invasive Forest Pests and Pathogens: Examples from Swedish Forest Nurseries
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2018 (English)In: The Human Dimensions of Forest and Tree Health: Global perspectives / [ed] Julie Urquhart, Mariella Marzano, Clive Potter, Cham: Palgrave Macmillan , 2018, p. 193-210Chapter in book (Refereed)
Abstract [en]

International trade and climate change have increased the movement potential for invasive alien species (IAS), including invasive pests and pathogens (IPPs), to the point where biological invasions are considered one of the major threats to biodiversity. However, practical implementation of plant health with regard to IAS and IPPs is difficult: regulative responsibilities are commonly spread across different authorities, and resources on the ground are often limited. Based on a legislative and literature review and semi-structured qualitative interviews (N = 7), the present study examines the possibilities and potential risks of monitoring and detection of forest invasive species in Sweden, with a particular focus on forest plant nurseries. The study thus adds practical implementation aspects concerning possibilities to limit the spread of invasive species in the plant trade.

Place, publisher, year, edition, pages
Cham: Palgrave Macmillan, 2018
National Category
Social Sciences Law Political Science Law (excluding Law and Society)
Research subject
Law
Identifiers
urn:nbn:se:ltu:diva-69090 (URN)10.1007/978-3-319-76956-1_8 (DOI)2-s2.0-85053521541 (Scopus ID)978-3-319-76955-4 (ISBN)978-3-319-76956-1 (ISBN)
Available from: 2018-06-04 Created: 2018-06-04 Last updated: 2018-09-28Bibliographically approved
Pettersson, M., van Rijswick, M., Suykens, C., Alexander, M., Ek, K. & Priest, S. (2017). Assessing the legitimacy of flood risk governance arrangements in Europe: insights from intra-country evaluations. Water international, 42(8), 929-944
Open this publication in new window or tab >>Assessing the legitimacy of flood risk governance arrangements in Europe: insights from intra-country evaluations
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2017 (English)In: Water international, ISSN 0250-8060, E-ISSN 1941-1707, Vol. 42, no 8, p. 929-944Article in journal (Refereed) Published
Abstract [en]

Legitimacy has received comparatively less attention than societal resilience in the context of flooding, thus methods for assessing and monitoring the legitimacy of flood risk governance arrangements are noticeably lacking. This study attempts to address this gap by assessing the legitimacy of flood risk governance arrangements in six European countries through cross-disciplinary and comparative research methods. On the basis of this assessment, recommendations to enhance the legitimacy of flood risk governance in Europe are presented.

Place, publisher, year, edition, pages
Taylor & Francis, 2017
Keywords
Legitimacy, flood risk governance, comparative study, governance, Europe
National Category
Law Law (excluding Law and Society) Economics
Research subject
Law; Economics
Identifiers
urn:nbn:se:ltu:diva-66639 (URN)10.1080/02508060.2017.1393716 (DOI)000422621600001 ()
Note

Validerad;2018;Nivå 2;2017-12-18 (andbra)

Available from: 2017-11-20 Created: 2017-11-20 Last updated: 2019-09-12Bibliographically approved
Ek, K., Goytia, S., Lundmark, C., Nysten-Haarala, S., Pettersson, M., Sandström, A., . . . Stage, J. (2017). Challenges in Swedish hydropower: politics, economics and rights. Research Ideas and Outcomes, 3, Article ID e21305.
Open this publication in new window or tab >>Challenges in Swedish hydropower: politics, economics and rights
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2017 (English)In: Research Ideas and Outcomes, E-ISSN 2367-7163, Vol. 3, article id e21305Article in journal (Refereed) Published
Abstract [en]

Two systems working in parallel have contributed to implementation difficulties in Swedish water governance. While the old system is designed to be predictable and stable over time, the new system is intended to be transparent and holistic, guided by the principles of Integrated Water Resource Management. The paper disentangles the challenges in Swedish water governance and proposes a blueprint for future research. The proposed research project is unique in the sense that it explores the imbalances between the new and the old water governance systems from a multi-disciplinary perspective, elaborating upon the clashes between the traditional, nationally based regulatory system and the new holistic water governance system from legal, political and economic perspectives.

Place, publisher, year, edition, pages
Pensoft Publishers, 2017
National Category
Economics Law and Society Political Science Law (excluding Law and Society) Political Science (excluding Public Administration Studies and Globalisation Studies)
Research subject
Economics; Law; Political Science
Identifiers
urn:nbn:se:ltu:diva-66029 (URN)10.3897/rio.3.e21305 (DOI)
Available from: 2017-10-10 Created: 2017-10-10 Last updated: 2018-11-20Bibliographically approved
Organisations
Identifiers
ORCID iD: ORCID iD iconorcid.org/0000-0003-0767-4908

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