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Enhancing resilience and justice in climate adaptation laws


Wenta, J and McDonald, J and McGee, JS, Enhancing resilience and justice in climate adaptation laws, Transnational Environmental Law pp. 1-30. ISSN 2047-1025 (2018) [Refereed Article]

Copyright Statement

Copyright 2018 Cambridge University Press

DOI: doi:10.1017/S2047102518000286


Resilience thinking an approach for understanding and managing change is increasingly central to climate change adaptation law and policy. Yet the influence of adaptation law and policy on the distribution of climate impacts is often overlooked in studies of socio-ecological resilience to climate change. This article demonstrates how environmental justice scholarship helps to address this gap in the literature relating to adaptation law and resilience. Drawing on existing literature, the article identifies four principles to promote resilience and justice through climate adaptation laws. Climate adaptation laws must (i) prepare for, and respond to, change; (ii) address the distributive effects of climate change and adaptation; (iii) promote participation in adaptation processes; and (iv) cross sectors and scales. Each criterion can be implemented in part through existing legal processes, but might also be further supported by incremental law reform. Developing both resilience and justice dimensions will enhance the effectiveness of adaptation laws in addressing climate impacts.

Item Details

Item Type:Refereed Article
Keywords:climate change, impacts, adaptation, socio-ecological resilience, resilience thinking, environmental justice
Research Division:Law and Legal Studies
Research Group:Environmental and resources law
Research Field:Environmental law
Objective Division:Environmental Policy, Climate Change and Natural Hazards
Objective Group:Adaptation to climate change
Objective Field:Climate change adaptation measures (excl. ecosystem)
UTAS Author:Wenta, J (Mr Joseph Wenta)
UTAS Author:McDonald, J (Professor Jan McDonald)
UTAS Author:McGee, JS (Associate Professor Jeffrey McGee)
ID Code:129541
Year Published:2018
Web of Science® Times Cited:6
Deposited By:Law
Deposited On:2018-12-05
Last Modified:2022-07-05

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