University of Tasmania
Browse

File(s) under permanent embargo

Rethinking the role of law in adapting to climate change

journal contribution
posted on 2023-05-21, 01:17 authored by Janet McDonaldJanet McDonald, Phillipa McCormackPhillipa McCormack
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.

History

Publication title

WIREs Climate Change

Volume

12

Issue

5

Article number

e726

Number

e726

Pagination

1-21

ISSN

1757-7799

Department/School

Faculty of Law

Publisher

John Wiley & Sons

Place of publication

UK

Rights statement

© 2021 Wiley Periodicals LLC.

Repository Status

  • Restricted

Socio-economic Objectives

Climate change adaptation measures (excl. ecosystem)

Usage metrics

    University Of Tasmania

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC