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From Transplantation to Anticipation: Challenges for Environmental Law in a No-Analogue Future
Citation
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
Abstract
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 |
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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 |
Downloads: | 0 |
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