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

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posted on 2023-05-22, 19:16 authored by Janet McDonaldJanet McDonald
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.

History

Publication title

Scholarship, Practice and Education in Comparative Law: A Festschrift in Honour of Mary Hiscock

Editors

J H Farrar, VI Lo and BC Goh

Pagination

155-170

ISBN

9789811392450

Department/School

Faculty of Law

Publisher

Springer Nature

Place of publication

Singapore

Extent

12

Rights statement

Copyright 2019 Springer Nature Singapore Pty Ltd.

Repository Status

  • Restricted

Socio-economic Objectives

Climate change adaptation measures (excl. ecosystem)

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