Ekologisk kompensation - Om juridik under ytan och relationen mellan rättsvetenskap och ekologi

Abstract

This book concerns the relation between jurisprudence and ecology in realizing environmental goals. The starting point is the need to preserve and avoid further loss of habitats and biodiversity, often referred to as “no net loss”. This starting point carries the need of concrete limitations on human activities. Environmental compensation is used as an example of legal operationalization of the goal to stop further loss of ecological values. Through investigations of legal rules, the purpose of the rules, and how the rules are applied, the use of ecology in legal practice is studied. In cooperation with marine ecologists, eelgrass is the concrete context within which the connection between ecology and law is studied in detail. A central aspect of the work is how the legal system handles the fact that ecological results become part of the rules, making it possible to measure whether the rules are suitably applied or not. Through studies of Swedish legislation on compensation, legal control of small-scale coastal development, the impact of detailed guidance, and systems to realize compensation measures, the book contributes to highlighting the interconnections of law and ecology.