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Regulating the Baltic Sea – A Showcase of Normative Pluralism

Regulating the Baltic Sea – A Showcase of Normative Pluralism

Year:    2018

Author:    Engström, Viljam

German Yearbook of International Law, Vol. 61 (2018), Iss. 1 : pp. 347–376

Abstract

The Baltic Sea Region (BSR) faces several challenges, not the least in respect of the poor state of the sea itself. The regulatory framework governing the BSR is complex, displaying a multi-layered structure with up to five regulatory levels. The regulatory scene is also characterised by many features that could be assumed under the umbrella of post-national rulemaking. This article discusses features of the pluralisation of BSR regulation. The BSR regulatory framework is on the one hand rich with regulatory initiatives at the fringes of both ‘actorness’ and ‘ruleness’. On the other hand, the framework is characterised by cross-fertilisation between regulatory layers. Such interaction can add to the regulatory impact of normatively soft acts, but can also come with drawbacks. In any case, the article claims, a complete picture of BSR regulation can only be attained through an appreciation of normative pluralism.

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Journal Article Details

Publisher Name:    Global Science Press

Language:    English

DOI:    https://doi.org/10.3790/gyil.61.1.347

German Yearbook of International Law, Vol. 61 (2018), Iss. 1 : pp. 347–376

Published online:    2018-01

AMS Subject Headings:    Duncker & Humblot

Copyright:    COPYRIGHT: © Global Science Press

Pages:    30

Keywords:    Baltic Sea Post-National Rulemaking European Union Soft-Law Framework Instruments Pluralism Helcom

Author Details

Engström, Viljam

Section Title Page Action Price
Viljam Engström: Regulating the Baltic Sea – A Showcase of Normative Pluralism 1
Abstract 1
I. The Baltic Sea Region Regulatory Scene 1
II. On Post-National Rulemaking 3
III. ‘Actorness’ in the BSR 5
A. General 5
B. Global Actors 7
C. Regional Actors 1
D. The EU as a BSR Actor 1
IV. Legislative Acts 1
A. Variations in ‘Softness’ 1
B. HELCOM Recommendations and Monitoring 1
C. Normative Impact Through Institutional Interaction 2
D. Legislating Through Framework Instruments 2
E. Implementation Through Strategic Planning 2
V. Conclusion 2