Rethinking the role of law in adapting to climate change
Bibliographic Data
| ID | 12929384 |
|---|---|
| Authors | Jan Mcdonald (0000-0002-7953-1458, University of Tasmania, corresponding author), Phillipa C Mccormack (0000-0001-6751-8291, University of Tasmania) |
| Year | 2021 |
| Volume | 12 |
| Issue | 5 |
| Publication date | 2021-07-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Wiley Interdisciplinary Reviews Climate Change (JOURNAL) |
| Journal identifiers | ISSN: 1757-7780 • E-ISSN: 1757-7799 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1002/wcc.726 |
| OpenAlex | W3184449600 |
| Language | EN |
| Citations received | 10 |
| References cited | 34 |
The article evaluates the role of law in adaptation over the past decade. We track the emergence of international adaptation law within the climate and non‐climate regime, alongside increasingly dire extreme events and strident scientific consensus. Examining the growth in national and subnational laws for adaptation, we reflect on the role of framework legislation and legal mechanisms used in sectoral laws. Based on progress over the past decade, we outline how the role of law can be enhanced and accelerated in the decade ahead. We identify important trends in adaptation law and consider the potential for these innovations to drive future adaptation: the sheer growth in priority and volume of laws directed towards adaptation; the intersection of adaptation with other policy domains, especially disaster risk reduction; the need for improved architecture for funding adaptation; and the important role of strategic litigation. Largely absent from the past decade of adaptation law reform is evaluation of effectiveness, or examples of systemic reform that addresses underlying causes of vulnerability. With slow progress in implementing transformational adaptation law reform, we identify five design principles for adaptation laws. The design of laws must (1) be responsive to change; (2) address equity dimensions of climate change; (3) implement innovative solutions; (4) maximize co‐benefits; and (5) establish processes for managing trade‐offs. This article is categorized under: Vulnerability and Adaptation to Climate Change > Institutions for Adaptation
Adaptation (eye · Climate change · Computer security · Equity (law · Legislation · Political science · Vulnerability (computing · Climate Change and Geoengineering · Climate Change, Adaptation, Migration · Computer Science · Environmental law and policy · Law · Ecology
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Managing the Risks of Extreme Events and Disasters to Advance Climate Change Adaptation
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Special issue
Climate Change Litigation
Ambition and Differentiation in the 2015 Paris Agreement
Stakeholder engagement as a conduit for regulatory legitimacy
Global climate adaptation governance
The complex decision-making of climate-induced relocation
Adaptation interventions and their effect on vulnerability in developing countries
Enhancing Resilience and Justice in Climate Adaptation Laws
A Rights Turn in Climate Change Litigation
The governance of adaptation
Legal and institutional foundations of adaptive environmental governance
| Unique citing works | 10 |
|---|---|
| Citations per year | 3,33 |
| Citation span | 2023 - 2026 (4) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 10 |