Resipienttiperiaatteen renessanssi - Ympäristön tilaan perustuvan sääntelystrategian mahdollisuudet edistää kestävyysmurrosta

Abstrakti

A renaissance of the recipient principle – The possibilities of a regulatory strategy based on the state of the environment to promote a sustainability transformation

The European Green Deal establishes ambitious environmental quality objectives. These objectives can be pursued by two regulatory strategies: 1) a behaviour-based strategy and 2) an impact-based strategy. In the context of Finnish law, the recipient principle has historically aligned with the impactbased approach, yet its full integration into the legal system remains incomplete. This article delves into the ramifications of an impact-based regulatory strategy on environmental law and investigates its potential to facilitate sustainability transformation. We argue that an impact-based regulatory strategy centred on environmental quality objectives necessitates the close integration of law and natural sciences, a keen focus on the cumulative effects of human activities, a comprehensive understanding of environmental regulation across various scales, and the utilisation of an array of legal instruments. To achieve a sustainability transformation, it is imperative that the general principles of environmental law shift towards emphasising environmental quality. Reinterpreting the traditional
recipient principle within Finnish environmental law provides the key to this transformation.