Legal design for social-ecological resilience / Brita Bohman.

Format:

Book

Author/Creator:

Bohman, Brita, 1979- author.

Language:

English

Subjects (All):

Environmental law.

Resilience (Ecology).

Environmental law, International.

Physical Description:

1 online resource (xviii, 234 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2021.

Summary:

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.

Contents:

Cover

Half-title page

Title page

Copyright page

Contents

Preface and Acknowledgments

Table of Treaties and International Instruments

Table of EU Law

Table of Cases

List of Abbreviations

1 Introduction

1.1 Social-Ecological Resilience

1.2 Combining Social-Ecological Resilience and Law

1.3 The Challenges for Environmental Law and Governance

1.4 Outline

2 Environmental Law

2.1 International Environmental Law

2.2 Environmental Law and the European Union

2.2.1 Implementation and Enforcement of EU Law

2.2.2 The EU as an Actor in International Environmental Law

2.3 The Scope of Environmental Law

2.4 Environmental Law Approaches and Mechanisms

2.4.1 Environmental Law Principles

2.4.2 Goal-Based Laws and Combined Approaches

2.4.3 Adaptive Law

2.4.4 New Environmental Law Structures and "New Governance" in the EU

2.5 The Concept of Ecosystem Approach

2.5.1 Background, Development and Application

2.5.2 Operationalization

2.6 Compliance and Effectiveness

3 Law and Governance

3.1 The Role of Law in Governance

3.2 Effective Governance

3.3 Social System Prerequisites for Resilience Governance

3.4 Placing Law in the Frame of Resilience Governance

4 Defining Features for Resilience Governance

4.1 Adaptivity, Flexibility and Transformability

4.2 Multidimensional and Polycentric Structures

4.3 Stakeholders and Structures for Participation

4.4 Operationalization, Monitoring, Compliance and Trust Building

5 Adaptivity, Flexibility and Transformability

5.1 A Resilience Perspective on Adaptivity, Flexibility and Transformability

5.2 Adaptivity and Flexibility in Environmental Legislation

5.3 Identifying Legal Features of Adaptivity and Flexibility

5.3.1 Institutional Design and the Form of General Provisions

5.3.2 Principles.

5.3.3 New Governance Approaches

5.3.4 Ecosystem Approach

5.3.5 Polycentric Legal Governance

5.3.6 Review Structure and Powers

5.4 Summary and Conclusions

6 Multidimensional and Polycentric Structures

6.1 Multidimensional Legal Structures and Overlapping Legislation

6.2 Allocation of Authority and Competing Applicability

6.2.1 The Example of the MOX Plant Case

6.3 Ecosystem Fit

6.3.1 The Role of the Ecosystem Approach in Multidimensional Legal Structures

6.4 Overlapping Requirements

6.5 Redundancy and Coordination of Legal Instruments

6.6 Summary and Conclusions

7 Stakeholders and Structures for Participation

7.1 Different Forms and Roles of Participation

7.2 Stakeholder Participation as a Feature in Social-Ecological Resilience Governance

7.3 Perspectives on Participation in International and EU Law

7.3.1 Formal Pathways to Participation and Definition of Public Participation

7.3.2 Participation as a Means of Legitimacy

7.3.3 Participation in International Environmental Law

7.3.4 Participation in EU Environmental Law

7.4 The Role of Participation in International Environmental Law

7.4.1 Forms of Participation and Perspectives on the Role of Nonstate Actors

7.4.2 Functions and Features Provided by Participation

7.5 Public Participation and the Aarhus Convention

7.5.1 Background, Purpose and Application of the Aarhus Convention

7.5.2 The Aarhus Convention Provisions

7.5.3 EU Implementation of the Aarhus Convention

7.6 Public Participation in a Global Perspective

7.7 Participation in EU Law and EU Institutions

7.8 Summary and Conclusions

8 Operationalization, Monitoring, Compliance and Trust Building

8.1 A Legal Perspective on Slow Ecological Variables, Feedbacks and Trust Building

8.2 Compliance

8.2.1 Assessing Compliance.

8.2.2 Implementation, Effectiveness, Behavioral and Problem-Solving Compliance

8.3 Enforcement and Compliance Control in International Law and the EU

8.3.1 Monitoring and Supervision

8.3.2 Adjudication and Court Proceedings in International Environmental Law

8.3.3 Alternative Forms for Dispute Settlement and Compliance Control

8.3.4 Enforcement and Compliance Control in the EU

8.4 Summary and Conclusions

9 Conclusions - Effective Legal Design for Resilience Governance

9.1 Adaptivity, Flexibility and Transformation

9.2 Multidimensional and Polycentric Structures

9.3 Stakeholders and Structures for Participation

9.4 Monitoring, Compliance and Trust Building

9.5 Final Remarks and Reflections

References

Index.

Notes:

Title from publisher's bibliographic system (viewed on 19 Mar 2021).

ISBN:

1-108-88810-0

1-108-88171-8

1-108-87910-1

OCLC:

1242062310