99
technological and economic parameters, such as in requirements for best available
technology. Such measures still constitute important parts of environmental law in
the Baltic Sea region, for example, in legislation on the use of chemical substances,
such as the REACH regulation (EC 2006a ) of the European Union (EU). In the latter environment-oriented “sphere”, the starting point is rather health and ecosystem
parameters, which is evident, for instance, in the setting of environmental quality
standards and in criteria and indicators for Good Environmental Status under the
EU Marine Strategy Framework Directive (EC 2008a ).
This development in law and practice has gone hand in hand with new theories
on environmental policy, underlining the need for broad governance studies and
strategies. While the governance concept has been described in various ways (Adger
and Jordan 2009 ; Kooiman 2003 ; Pierre and Peters 2005 ; Young 1994 ), a common
core recognises the transfer of government authority upwards to international institutions, sideways to non-governmental actors and downwards to local actors (Kern
and Löffelsend 2008 ). In the multi-country, multi-sector, multi-risk and multistakeholder environment of the Baltic Sea area, broad governance measures are not
only taking place but are also considered normatively desirable (Joas et al. 2008 ),
not least when it comes to the prevalent call for an ‘ecosystem approach to management’ (EAM) (Backer et al. 2010 ; Curtin and Prellezo 2010 ; Karlsson et al. 2011 ;
Murawski 2007 ; Österblom et al. 2010 ). EAM is integral to the Convention on
Biodiversity (UN 1992 ) as well as in the work of HELCOM, the executive body
under the Helsinki Convention ( 1974 ), where it has been defi ned as (HELCOM and
OSPAR 2003 ):
“the comprehensive integrated management of human activities based on the best available
scientifi c knowledge about the ecosystem and its dynamics, in order to identify and take
action on infl uences which are critical to the health of marine ecosystems , thereby achieving sustainable use of ecosystem goods and services and maintenance of ecosystem integrity”. The application of the precautionary principle is equally a central part of the ecosystem
approach.
Under this environment-oriented governance approach, which recognises complexities in both natural and social systems, all relevant and interlinked systems and
parameters are supposed to be considered across scales and sectors over time and in
the light of the precautionary principle. Nowadays, EAM is expressed in both policy, for example, the Baltic Sea Action Plan (HELCOM 2007 ), and law, for example, the Marine Strategy Framework Directive (EC 2008a ).
This case study on public governance of chemicals in the Baltic Sea investigates
three key examples from three generations of halogenated organic industrial substances, namely, PCBs ( chlorinated ), PBDEs ( brominated ) and PFOS/PFOA ( fl uorinated ). This choice of sub-cases has been made in order to allow for an in-depth
analysis of how public governance has evolved under different periods and political
systems, with varying degrees of uncertainty and controversies. In doing so, the
article describes the co-evolution of risk and governance in each sub-case, with a
focus on two key bodies for environmental policy in the Baltic Sea region – the EU
and HELCOM. The ultimate aim is to elaborate on potential strategies for improving
the fulfi lment of environmental objectives at hand. More specifi cally, the study
addresses the following questions:
5 Governance of Chemicals in the Baltic Sea Region: A Study of Three Generations…
technological and economic parameters, such as in requirements for best available
technology. Such measures still constitute important parts of environmental law in
the Baltic Sea region, for example, in legislation on the use of chemical substances,
such as the REACH regulation (EC 2006a ) of the European Union (EU). In the latter environment-oriented “sphere”, the starting point is rather health and ecosystem
parameters, which is evident, for instance, in the setting of environmental quality
standards and in criteria and indicators for Good Environmental Status under the
EU Marine Strategy Framework Directive (EC 2008a ).
This development in law and practice has gone hand in hand with new theories
on environmental policy, underlining the need for broad governance studies and
strategies. While the governance concept has been described in various ways (Adger
and Jordan 2009 ; Kooiman 2003 ; Pierre and Peters 2005 ; Young 1994 ), a common
core recognises the transfer of government authority upwards to international institutions, sideways to non-governmental actors and downwards to local actors (Kern
and Löffelsend 2008 ). In the multi-country, multi-sector, multi-risk and multistakeholder environment of the Baltic Sea area, broad governance measures are not
only taking place but are also considered normatively desirable (Joas et al. 2008 ),
not least when it comes to the prevalent call for an ‘ecosystem approach to management’ (EAM) (Backer et al. 2010 ; Curtin and Prellezo 2010 ; Karlsson et al. 2011 ;
Murawski 2007 ; Österblom et al. 2010 ). EAM is integral to the Convention on
Biodiversity (UN 1992 ) as well as in the work of HELCOM, the executive body
under the Helsinki Convention ( 1974 ), where it has been defi ned as (HELCOM and
OSPAR 2003 ):
“the comprehensive integrated management of human activities based on the best available
scientifi c knowledge about the ecosystem and its dynamics, in order to identify and take
action on infl uences which are critical to the health of marine ecosystems , thereby achieving sustainable use of ecosystem goods and services and maintenance of ecosystem integrity”. The application of the precautionary principle is equally a central part of the ecosystem
approach.
Under this environment-oriented governance approach, which recognises complexities in both natural and social systems, all relevant and interlinked systems and
parameters are supposed to be considered across scales and sectors over time and in
the light of the precautionary principle. Nowadays, EAM is expressed in both policy, for example, the Baltic Sea Action Plan (HELCOM 2007 ), and law, for example, the Marine Strategy Framework Directive (EC 2008a ).
This case study on public governance of chemicals in the Baltic Sea investigates
three key examples from three generations of halogenated organic industrial substances, namely, PCBs ( chlorinated ), PBDEs ( brominated ) and PFOS/PFOA ( fl uorinated ). This choice of sub-cases has been made in order to allow for an in-depth
analysis of how public governance has evolved under different periods and political
systems, with varying degrees of uncertainty and controversies. In doing so, the
article describes the co-evolution of risk and governance in each sub-case, with a
focus on two key bodies for environmental policy in the Baltic Sea region – the EU
and HELCOM. The ultimate aim is to elaborate on potential strategies for improving
the fulfi lment of environmental objectives at hand. More specifi cally, the study
addresses the following questions:
5 Governance of Chemicals in the Baltic Sea Region: A Study of Three Generations…