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From Transplantation to Anticipation: Challenges for Environmental Law in a No-Analogue Future


McDonald, J, From Transplantation to Anticipation: Challenges for Environmental Law in a No-Analogue Future, Scholarship, Practice and Education in Comparative Law: A Festschrift in Honour of Mary Hiscock, Springer Nature, J H Farrar, VI Lo and BC Goh (ed), Singapore, pp. 155-170. ISBN 9789811392450 (2019) [Research Book Chapter]

Copyright Statement

Copyright 2019 Springer Nature Singapore Pty Ltd.

DOI: doi:10.1007/978-981-13-9246-7_9


Legal transplantation has globalised environmental law. Domestic environmental laws have incorporated international law principles, such as the principle of ecologically sustainable development. There has also been a high degree of borrowing or cross-fertilization of legal approaches from countries with apparently advanced regimes for pollution control, conservation, and natural resource use and exploitation, to those with more nascent governance arrangements. This chapter questions the ongoing value of such a legal transplantation model in a future of rapid anthropogenic environmental change. It maps the aspects of environmental regulation and governance that are the product of transplantation before outlining the ways in which those approaches and principles are challenged by the speed and scale of change portended for the future. The chapter concludes with suggestions for how environmental law should develop when there is no historical analogue for the future ahead.

Item Details

Item Type:Research Book Chapter
Keywords:legal transplantation, law, resilience, adaptation, climate change
Research Division:Law and Legal Studies
Research Group:Environmental and resources law
Research Field:Climate change 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:McDonald, J (Professor Jan McDonald)
ID Code:145699
Year Published:2019
Deposited By:Law
Deposited On:2021-08-02
Last Modified:2021-09-24

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