Posted: January 18th, 2023

Transboundary Law for Social-Ecological Resilience? : A Study on Eutrophication in the Baltic Sea Area

Transboundary Law for Social-Ecological Resilience? : A Study on Eutrophication in the Baltic Sea Area.
Transboundary law is a legal framework that aims to address environmental issues that cross national borders and affect multiple countries. One example of an environmental issue that requires transboundary law is eutrophication in the Baltic Sea area.

Eutrophication is the process by which a body of water becomes enriched with nutrients, leading to an overgrowth of algae and a depletion of oxygen. This can have serious consequences for the aquatic ecosystem, including the death of fish and other marine life. In the Baltic Sea, eutrophication is largely caused by agricultural runoff and the discharge of sewage and other pollutants from urban areas.

To address this issue, a number of transboundary legal instruments have been put in place in the Baltic Sea region. The most significant of these is the Helsinki Convention on the Protection of the Marine Environment of the Baltic Sea Area, which was adopted in 1992 and entered into force in 2000. The Helsinki Convention is a legally binding treaty that aims to protect the marine environment of the Baltic Sea from pollution and other human activities that may cause harm.

The Helsinki Convention has several key provisions that address eutrophication in the Baltic Sea. These include the requirement for member states to adopt measures to reduce nutrient inputs from agricultural and other sources, the establishment of emission limits for nutrients, and the prohibition of the discharge of certain hazardous substances. The Convention also requires member states to cooperate in the monitoring and assessment of the state of the Baltic Sea, and to take measures to prevent, reduce and eliminate pollution from sources within their jurisdiction.

In addition to the Helsinki Convention, there are a number of other transboundary legal instruments that address eutrophication in the Baltic Sea region. These include the 1992 Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the “Aarhus Convention”), which provides a framework for public participation in environmental decision-making, and the 1999 Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes (the “Water Protocol”), which aims to protect human health and the environment from the adverse effects of water pollution.

Despite these efforts, eutrophication remains a significant problem in the Baltic Sea. One challenge is that the legal framework for addressing this issue is complex and involves a number of different instruments that may not always be effectively coordinated. Another challenge is that compliance with the legal requirements is not always consistent, and there may be insufficient enforcement of the provisions of the Helsinki Convention and other legal instruments.

To address these challenges, it is important for member states to fully implement and enforce the provisions of the Helsinki Convention and other transboundary legal instruments, and to cooperate in the monitoring and assessment of the state of the Baltic Sea. It is also important to continue to identify and adopt new measures to reduce nutrient inputs and other sources of pollution, and to support research and development efforts to improve our understanding of the causes and impacts of eutrophication in the Baltic Sea region.