RULING FOR SUSTAINABLE DEVELOPMENT: NEW IDEAS ON COLLABORATION FOR AN IMPROVED KNOWLEDGE BASE IN ENVIRONMENTAL COURTS

The law is an important tool for achieving sustainable development, but it has been criticised for not being effective enough. There is great interest from both the business sector and authorities in creating more effective environmental assessments. However, the Land and Environmental Courts have difficulty managing the complexity of environmental issues since the requirements for a legal review – rule of law, predictability and equal treatment – demand delimited and separate processes. Therefore, it is important that the knowledge base used by the courts can more precisely describe the complex relationships between aspects such as climate, water and biodiversity. By presenting the complexity of environmental issues in a way that is manageable for the courts, we can turn the law into a more effective tool for sustainable development.

This project is based on the process that takes place before an application is submitted to the court, specifically the collaboration process (here, including both consultation and collaboration) that is conducted before the judicial proceedings. The collaboration processes are crucial for the preparation of the material, that is, the knowledge, that the court relies on in its proceedings. These processes are not as limited as the court proceedings and can include more aspects. As case studies, the project will use re-examinations of hydropower plants in regulated rivers. These re-examinations are of particular interest since their collaboration process is currently being developed. Additionally, the re-examinations of hydropower plants will have a big and complex impact on society and the environment. Nearly half of Sweden’s electricity is generated from climate-friendly hydropower. Hydropower is also necessary to efficiently utilise other renewable energy sources such as wind and solar power. Unfortunately, hydropower has major negative impacts on the environment surrounding the rivers as many species are dependant on the ability to move with the river and on a natural variation of the water flow. Hydropower also affects fishing and the ability to manage floods.

The project is interdisciplinary. Since the legal processes related to environmental cases must cover societal, scientific and legal factors, it is important to adopt an interdisciplinary perspective. This approach is also in line with the aim of the project to provide better tools for professionals (tools for collaboration and supporting documentation). Based on this perspective, the project will actively involve stakeholders in various parts of the research process. For data collection, a variety of methods will be employed, including interviews, observations and workshops. The project consists of five parts:

Theoretical framework for a sustainable knowledge base.
Study of collaboration processes before a legal review and their effect on the court orders.
Identifying and adapting tools to facilitate collaboration.
Testing of tools.
Writing recommendations.

If the first four years of the project are successful, the project will be funded for another four years. During the project period, focus will be on testing and developing the tools for other areas where environmental assessments are made, as well as disseminating research findings. The objective of the project is to contribute to a better understanding of how the courts’ knowledge base can be improved in line with the purpose of the Environmental Code in relation to sustainable development. Resources and model tools for collaboration and supportive documentation for decisions in the context of Swedish environmental law will be identified, adapted and made available for practical application. In addition to contributing new knowledge, the project will produce:

Suggestions on how legislation and its application can be developed.
Educational material for environmental scientists and law students.
A course designed for professionals managing collaboration processes in the environmental area, for example, professionals working at county administrative boards, municipalities, and as consultants.