The role of law in adapting to climate change
Bibliographic Data
| ID | 12929702 |
|---|---|
| Authors | Jan Mcdonald (0000-0002-7953-1458, Griffith University, corresponding author) |
| Year | 2011 |
| Volume | 2 |
| Issue | 2 |
| Pages | 283-295 |
| Publication date | 2011-01-24 |
| 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.96 |
| OpenAlex | W1909144215 |
| Language | EN |
| Citations received | 17 |
| References cited | 32 |
Legal institutions and instruments will play an important role in climate change adaptation, along with technological, managerial, and behavioral strategies. Law can facilitate adaptation, using regulation to reduce exposure or sensitivity to climate hazards, establishing the legal architecture for new market mechanisms, and funding arrangements for adaptation costs and liability for climate impacts. It can also ensure the accountability of adaptation decision making and addressing some of the social justice dimensions of adaptation. Yet there are also characteristics of legal institutions, processes, and principles that may impede adaptation, including by creating compensable property rights that hinder new regulation. There are several characteristics of climate change and associated impacts that will make law‐making for adaptation uniquely challenging. These include high levels of cascading uncertainty, irreversibility, the context‐specificity of impacts, the long delay between emissions and impacts, and the interaction between climate change impacts and other environmental, social, and economic stressors. Laws dealing with substantive climate impacts may be appropriate and necessary in some cases, but the broader challenge for law‐makers is to make legal processes and instruments more adaptive and responsive to change itself. WIREs Clim Change 2011 2 283–295 DOI: 10.1002/wcc.96 This article is categorized under: Vulnerability and Adaptation to Climate Change > Institutions for Adaptation
Accountability · Adaptation (eye · Adaptive capacity · Business · Climate change · Climate justice · Computer security · Context (archaeology · Economics · Environmental law · Environmental planning · Environmental resource management · Geography · Liability · Political economy of climate change · Political science · Vulnerability (computing · Climate Change and Geoengineering · Climate Change Policy and Economics · Climate Change, Adaptation, Migration · Law · Psychology · Ecology
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Rethinking the role of law in adapting to climate change
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Fairness in Adaptation to Climate Change
Smart Regulation
Responsive Regulation
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Stationarity Is Dead
Scenario-based stakeholder engagement
Are there social limits to adaptation to climate change?
Laws of Fear
Adaptation planning for climate change
Normalizing adaptation
Does public policy support or undermine climate change adaptation? Exploring policy interplay across different scales of governance
Indicators for social and economic coping capacity—moving toward a working definition of adaptive capacity
Adaptive capacity and human cognition
Takings
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Uncertainty in adaptive capacity and the importance of scale
Resilience
Vulnerability
Does Adaptive Management of Natural Resources Enhance Resilience to Climate Change
| Unique citing works | 17 |
|---|---|
| Citations per year | 1,13 |
| Citation span | 2011 - 2025 (15) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 17 |