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The Ecosystem Approach as a Basis for Managerial Compliance: An Example from the Regulatory Development in the Baltic Sea Region

Chapter in book
Authors Brita Bohman
Published in Langlet, D. and Rayfuse, R. (eds), The Ecosystem Approach in Ocean Planning and Governance: Perspectives from Europe and Beyond
Pages 80-116
ISBN 978-90-04-38998-4
Publisher Brill/Nijhoff
Publication year 2018
Published at Department of Law
Pages 80-116
Language en
Links https://doi.org/10.1163/97890043899...
Keywords International law; EU law; Baltic Sea; Ecosystem approach; Managerial compliance; compliance; Eutrophication
Subject categories Law and Society

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.

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