Ympäristömallit, oikeuden lähteet ja normatiivisuuden jatkumon ongelma
Avainsanat:
oikeuslähteet, ympäristöoikeus, ympäristövaikutusten arviointi, hallintoprosessi, ympäristömallit, vesienhoitoAbstrakti
Environmental models, sources of law and the problem of normative plurality
Models are an inherent challenge for environmental law. Modelling is a widely used method to assess the environmental impact of planned projects, which are then authorised in different administrative-legal proceedings. The authors analyse the effect of models on the sources of law doctrine and judicial decision- making. They describe the inferential process of modelling and the gradual development of normativity in a model-dependant regulatory instrument, the EU Water Framework Directive (and its implementing legislation in Finland). They analyse the evolution of the case-law of the Supreme Administrative Court of Finland and explain the role that models played in its landmark Finnpulp ruling. The authors also consider the role of flexibility in a typical situation of environmental law reasoning where superficially open norm formulations are in fact quite strict in that scientific-technological context where, and only where, the norm is decided upon. Within whose expertise ought uncertainty be when both the modelling process and the administrative-legal proceedings aim to address it? The authors conclude with a novel reading of Kelsen which allows for the inclusion of pluralistic sources of normativity, if it is so wished.
