An exploration of the legal features compatibility with the theories of social-ecological resilience and their applicability for effective governance frameworks.
Theories of social-ecological resilience have developed over the past decades and rapidly become an important framework for governance of complex non-linear environmental problems. This book explores the resilience theories and their compatibility with law, it identifies corresponding legal features. The legal features identified, including legal measures, mechanisms, principles and approaches, form a legal design for social-ecological resilience. A legal design that can be applied to different governance situations. It can be a tool both for designing new laws, as well as for assessing the effectiveness of current laws and legal systems. In many ways environmental law has adjusted and developed new approaches to meet complex environmental problems, but law is still challenged by the complexity that characterize environmental problems and the environmental change connected with the Anthropocene. This book provides a comprehensive review of the most fundamental components of the governance framework for social-ecological resilience and the role of law.
An exploration of the legal features compatibility with the theories of social-ecological resilience and their applicability for effective governance frameworks.
Environmental law envisions ecological systems as existing in an equilibrium state, reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past four decades, "resilience theory," which embraces uncertainty and nonlinear dynamics in complex adaptive systems, has provided a robust, invaluable foundation for sound environmental management. Reforming American law to incorporate this knowledge is the key to sustainability. This volume features top legal and resilience scholars speaking on resilience theory and its legal applications to climate change, biodiversity, national parks, and water law.
This cutting-edge book considers the functional inseparability of risk and innovation within the context of environmental law and governance. Analysing both ‘hard’ and ‘soft’ innovation, the book argues that approaches to socio-ecological risk require innovation in order for society and the environment to become more resilient.
The number of severe and sometimes catastrophic disruptive events has been rapidly increasing. Extreme weather events including floods, wildfires, hurricanes, and other natural disasters have become both more frequent and more severe, whilst events such as the COVID-19 pandemic represent a global threat to public health with huge economic effects that recovery packages tried to address. These disruptive events, alone and in combination, have dramatic consequences on nature, human life, and the economy, calling for urgent action to mitigate their causes and adapt to their impacts. In response to discourses of collapsology and end-of-growth theories, this monograph offers an analytical approach to developing legal responses that can help ensure the needs of present and future generations can be met through energy systems, infrastructure development, and natural resources management in these times of disruption. 'Resilience' is, therefore, seen as a common framework for the interpretation and development of energy, infrastructure, and natural resources law. With a mix of thematic chapters and case studies from multiple jurisdictions, Resilience in Energy, Infrastructure, and Natural Resources Law maps and assesses legal responses to disruptive nature-based events, and examines possible legal pathways for more sustainable outcomes, based on its engagement with this concept of 'resilience' and social-ecological thinking.
Legal design has been with us for over a decade. Its core idea, i.e. to use design methods to make the world of law accessible to all, has been widely embraced by academics, researchers, and professionals. Over time, the field has grown, expanding its initial problem-solving approach to other dimensions of design, such as speculative design, design fiction, proactive law, and disciplines like cognitive science and philosophy. The book presents a state-of-the-art reflection on legal design evolution and applications. It features twelve insightful contributions discussed during the 2023 'Legal Design Roundtable' on 'Design(s) for Law', organised within the Erasmus+ Jean Monnet clinic on 'EU Digital Rights, Law, and Design'. These perspectives from academics and professionals add important nuances to the literature, either presenting new approaches, applying consolidated practices to new contexts and areas, or showcasing actual and potential applications. Ideal for academics, legal professionals, and students, this book is a must-read for anyone interested in new critical approaches to the law and in the creative construction of fairer and more human-friendly legal systems.
Rapid environmental change calls for individuals and societies with an ability to transform our interactions with each other and the ecosystems upon which we depend. Adaptive capacity - the ability of a social-ecological system (or the components of that system) to be robust to disturbances and capable of responding to changes - is increasingly recognized as a critical attribute of multi-level environmental governance. This unique volume offers the first interdisciplinary and integrative perspective on an emerging area of applied scholarship, with contributions from internationally recognized researchers and practitioners. It demonstrates how adaptive capacity makes environmental governance possible in complex social-ecological systems. Cutting-edge theoretical developments are explored and empirical case studies offered from a wide range of geographic settings and natural resource contexts, such as water, climate, fisheries and forestry. • Of interest to researchers, policymakers and resource managers seeking to navigate and understand social-ecological change in diverse geographic settings and resource contexts
Environmental law envisions ecological systems as existing in an equilibrium state, or a “balance of nature,” reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past three decades, “resilience theory,” which embraces uncertainty and nonlinear dynamics in complex adaptive systems, has shown itself to be a robust and invaluable basis for sound environmental management. Reforming American law to account for this knowledge is key to transitioning to sustainability. This volume features top legal and resilience scholars speaking on resilience theory and its legal applications to climate change, biodiversity, national parks, and water law.
This book systematically explores the emerging legal discipline of Earth System Law (ESL), challenging the closed system of law and marking a new era in law and society scholarship. Law has historically provided stability, certainty, and predictability in the ordering of social relations (predominantly between humans). However, in recent decades the Earth’s relationship in law has changed with increasing recognition of the standing of Mother Earth, inherent rights of the environment (such as flora and fauna, rivers), and now recognition of the multiple relations of the Anthropocene. This book questions the fundamental assumption that ‘the law’ only applies to humans, and that the earth, as a system, has intrinsic rights and responsibilities. In the last ten years the planet has experienced its hottest period since human evolution, and by the year 2100, unless substantive action is taken, many species will be lost, and planetary conditions will be intolerable for human civilisation as it currently exists. Relationships between humans, the biosphere, and all planetary systems must change. The authors address these challenging topics, setting the groundwork of ESL to ensure sustainable development of the coupled socio-ecological system that the Earth has become. Earth System Law is an interdisciplinary and transdisciplinary research project, and, as such, this book will be of great interest to researchers and stakeholders from a wide range of disciplines, including political science, anthropology, economics, law, ethics, sociology, and psychology.