The purpose of this paper is to discuss the role of law in the management of the Baltic Sea, with focus on eutrophication. It aims to identify legal instruments or structures realizing an ecosystem approach. This also includes a discussion of the prerequisites of law as contributor to ecosystem-based management (EBM), as well as evaluation of current legal instruments. While ecosystem approach to environmental management is central to contemporary environmental management policy, it is still unclear what such an approach entails in concrete legal terms. The scope of the analysis stretches from international and EU legal regimes, to implementation and regulation within the national legal systems. A conclusion is that the management structures need further development to properly realize EBM, for example, through concretization of management measures, and clarification of duties and responsibilities for their realization.
Theories of social-ecological resilience have developed over the past decades and rapidly become an important framework for governance of complex non-linear environmental problems. This book explores the resilience theories and their compatibility with law, it identifies corresponding legal features. The legal features identified, including legal measures, mechanisms, principles and approaches, form a legal design for social-ecological resilience. A legal design that can be applied to different governance situations. It can be a tool both for designing new laws, as well as for assessing the effectiveness of current laws and legal systems. In many ways environmental law has adjusted and developed new approaches to meet complex environmental problems, but law is still challenged by the complexity that characterize environmental problems and the environmental change connected with the Anthropocene. This book provides a comprehensive review of the most fundamental components of the governance framework for social-ecological resilience and the role of law.
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