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Achieving Ecological Objectives
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law. (Miljörätt)
2012 (English)In: Laws, ISSN 2075-471X, Vol. 1, no 1, 39-63 p.Article in journal (Refereed) Published
Abstract [en]

The legal objective for surface water in the EU is ‘good ecological status’, as established by the Water Framework Directive, with a timeframe of 15, 21 or 27 years. To reach this objective, suitable legal instruments are needed, and quality standards are among the instruments intended to improve the ecological status. However, both the Directive and quality standards are founded on reductionism, risking an over-application of over-simplified concepts, probably reducing biological diversity. A realistic and more appropriate timeframe for river basin rehabilitation would be around 100 years, emphasizing several concerns, such as the importance of encompassing the entire life history of species, the shift in human perceptions, the systemic unity of humans and ecosystems, environmental irreducibility, site-specific reference points, and the divergence of the assessment of water quality and the general ecological status of a river basin. From a legal standpoint, a century emphasizes a temporal agreement and a normative commitment to the generations to come. Ecologically, a century time-scale gives enough time for the processes of evolution, dispersal and recolonization and succession to re-establish stable, more diverse biological communities in physically rehabilitated habitats and river basins, whereas the present timetable for achievement of the ecological objectives does not.

Place, publisher, year, edition, pages
Basel: M D P I AG , 2012. Vol. 1, no 1, 39-63 p.
Keyword [en]
EU water framework directive, ecological objectives, ecological quality standards, environmental quality standards, ecological standards, reductionism, holism, ecosystem management
National Category
Law
Research subject
Environmental Law
Identifiers
URN: urn:nbn:se:uu:diva-246556DOI: 10.3390/laws1010039OAI: oai:DiVA.org:uu-246556DiVA: diva2:793852
Available from: 2015-03-09 Created: 2015-03-09 Last updated: 2015-07-23Bibliographically approved
In thesis
1. Good Ecological Status: Advancing the Ecology of Law
Open this publication in new window or tab >>Good Ecological Status: Advancing the Ecology of Law
2015 (English)Doctoral thesis, comprehensive summary (Other academic)
Abstract [en]

For a meaningful discussion of the effectiveness of ecological objectives and ecological quality standards, their terms and purposes must be examined and clarified. This study explores the terms and content of ecological quality objectives and ecological quality standards, based on the Water Framework Directive’s legal conceptualization of ‘ecological status’. This exploration is accomplished by analysing and describing the Water Framework Directive’s ‘ecological status’ aspect from a legal-ecological perspective. The analysis of ‘ecological status’ and its main constructs forms the basis for a possible alternative form of regulation, which addresses the shortcomings identified in the analysis.

Place, publisher, year, edition, pages
Uppsala: Uppsala University, Department of Law, 2015. 115 p.
Keyword
EU Water Framework Directive, Environmental Regulations.
National Category
Law
Research subject
Environmental Law
Identifiers
urn:nbn:se:uu:diva-246561 (URN)978-91-506-2450-2 (ISBN)
Public defence
2015-05-13, Sal IV Universitetshuset, Uppsala, 10:15 (Swedish)
Opponent
Supervisors
Available from: 2015-04-20 Created: 2015-03-09 Last updated: 2015-07-23Bibliographically approved

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Josefsson, Henrik

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