Change search
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
What About State Implementation?: New Governance and the case of the European Union Water Framework Directive in Sweden.
Luleå University of Technology, Department of Business Administration, Technology and Social Sciences, Social Sciences.ORCID iD: 0000-0001-7617-4208
2015 (English)In: Europarättslig tidskrift, ISSN 1403-8722, Vol. 18, no 3, p. 508-524, article id 2Article in journal (Refereed) Published
Place, publisher, year, edition, pages
2015. Vol. 18, no 3, p. 508-524, article id 2
National Category
Law (excluding Law and Society)
Research subject
Law
Identifiers
URN: urn:nbn:se:ltu:diva-4683Local ID: 2a9cab01-45e7-4d2a-8bb2-0e7be940f70cOAI: oai:DiVA.org:ltu-4683DiVA, id: diva2:977557
Note
Validerad; 2015; Nivå 1; 20151116 (sodjoh)Available from: 2016-09-29 Created: 2016-09-29 Last updated: 2018-10-09Bibliographically approved
In thesis
1. Law in Integrated and Adaptive Governance of Freshwaters: A Study of the Swedish Implementation of the EU Water Framework Directive
Open this publication in new window or tab >>Law in Integrated and Adaptive Governance of Freshwaters: A Study of the Swedish Implementation of the EU Water Framework Directive
2018 (English)Doctoral thesis, comprehensive summary (Other academic)
Abstract [en]

Water is essential for sustaining life and providing ecosystem services for different human needs. In 2000, the European Union Water Framework Directive (WFD) was adopted against the background of increasing pressure on the waters of Europe. With the WFD, a new approach to governing freshwater resources within the Union was introduced, aimed at facilitating a shift from fragmented and sectoral water policies to a more holistic, integrated and adaptive governance system at the hydrological scale of river basins. This thesis has examined the Swedish implementation of the directive, with a primary aim to determine whether the Swedish formal institutional framework and water administration are sufficient to fully implement the freshwater governance model provided by the WFD and achieve the environmental results prescribed. The thesis consists of two main parts, where the first provides the contextual framework for the thesis, and the second part consists of four appended papers, which all in different ways contribute to achieving the overall purpose of the thesis. The thesis is founded on legal analysis and qualitative text interpretation of various sources of law, with emphasis on the analysis of national law in light of the WFD as well as EU legal principles and case law developed by the CJEU.

The results show that the Swedish freshwater governance system and formal institutional framework encompasses opportunities as well as barriers for implementing the WFD. The governance arrangements reflect the hydrological requirement of the directive, and the Swedish system holds good opportunities for participation in decision-making procedures as well as adaptive potential, as the general legal framework for environmental and water law contains a relatively high degree of flexibility or adaptable rules.However, when analysing the Swedish freshwater governance system in light of four key functions (objectives and direction; administrative structure; adaptive capacity; and control and enforcement) identified in this study as crucial for the formal institutional framework to deliver in such integrated, adaptive and multi-level governance systems the WFD represents, the results reveal that central aspects of all four key functions are missing in the Swedish system. Due to these shortcomings, the overall conclusion is that no full regime shift towards the hydrological, adaptive and integrated system of the WFD has occurred in Sweden; the system for water planning and governance is not clearly reflected in the formal institutional framework nor sufficiently underpinned by the administrative structure at national level. Ten different proposals are presented to remedy the shortcomings.

Place, publisher, year, edition, pages
Luleå: Luleå University of Technology, 2018
Series
Doctoral thesis / Luleå University of Technology 1 jan 1997 → …, ISSN 1402-1544
Keywords
water framework directive, integrated, adaptive governance, adaptive management, law, environmental law, freshwater
National Category
Law and Society Law (excluding Law and Society)
Research subject
Law
Identifiers
urn:nbn:se:ltu:diva-71158 (URN)978-91-7790-226-3 (ISBN)978-91-7790-227-0 (ISBN)
Public defence
2018-12-07, A109, Universitetsområdet Porsön, Luleå, 13:00 (Swedish)
Opponent
Supervisors
Funder
Luleå University of Technology
Available from: 2018-10-10 Created: 2018-10-09 Last updated: 2018-12-28Bibliographically approved

Open Access in DiVA

fulltext(123 kB)170 downloads
File information
File name FULLTEXT01.pdfFile size 123 kBChecksum SHA-512
78912639c162c18647a0eebdc8c9e9c8004a6a59ff1e8a51e235fd5ec0e4765b996c9d31889740722aff16538fda9468630250c83c6f7af43a8e3482182dead8
Type fulltextMimetype application/pdf

Search in DiVA

By author/editor
Söderasp, Johanna
By organisation
Social Sciences
In the same journal
Europarättslig tidskrift
Law (excluding Law and Society)

Search outside of DiVA

GoogleGoogle Scholar
Total: 170 downloads
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

urn-nbn

Altmetric score

urn-nbn
Total: 417 hits
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf