Social Ecological Resilience And Law

Environmental law envisions ecological systems as existing in an equilibrium state, reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past four decades, "resilience theory," which embraces uncertainty and nonlinear dynamics in complex adaptive systems, has provided a robust, invaluable foundation for sound environmental management. Reforming American law to incorporate this knowledge is the key to sustainability. This volume features top legal and resilience scholars speaking on resilience theory and its legal applications to climate change, biodiversity, national parks, and water law.

Environmental law envisions ecological systems as existing in an equilibrium state, or a “balance of nature,” reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past three decades, “resilience theory,” which embraces uncertainty and nonlinear dynamics in complex adaptive systems, has shown itself to be a robust and invaluable basis for sound environmental management. Reforming American law to account for this knowledge is key to transitioning to sustainability. This volume features top legal and resilience scholars speaking on resilience theory and its legal applications to climate change, biodiversity, national parks, and water law.

An exploration of the legal features compatibility with the theories of social-ecological resilience and their applicability for effective governance frameworks.

An exploration of the legal features compatibility with the theories of social-ecological resilience and their applicability for effective governance frameworks.

Social-Ecological Resilience and Sustainability by Shelley Ross Saxer and Jonathan Rosenbloom is designed to help students understand and address new, changing, and complex economic, environmental, and social systems. This book introduces resilience and sustainability as analytical frameworks and illustrates how these concepts apply in various contexts: water, food, shelter/land use, energy, natural resources, pollution, disaster law, and climate change. The first two chapters (Part I) provide students with a conceptual foundation to explore the interdisciplinary nature of resilience and sustainability and the meanings of, complexities embedded in, and the overlap and differences between these frameworks. Each of the remaining eight chapters (Part II) views resilience and sustainability in a specific law and policy context. Strategically placed throughout Part II, the authors describe eight useful tools — “Strategies to Facilitate Implementation”—to help identify, assess, integrate, or utilize resilience and sustainability as analytical frameworks. Key Features: A two-part approach that first provides students with a conceptual foundation and then allows students to view resilience and sustainability in eight law and policy contexts (described above) Numerous graphics throughout to illustrate concepts, depict events described, and otherwise enliven the content Case studies that examine human decisions that led to unsustainable and non-resilient systems and societies New and innovative ways to explain complex systems and in turn rethink traditional notions of law and policy

This book presents the results of an interdisciplinary project that examined how law, policy and ecological dynamics influence the governance of regional scale water based social-ecological systems in the United States and Australia. The volume explores the obstacles and opportunities for governance that is capable of management, adaptation, and transformation in these regional social-ecological systems as they respond to accelerating environmental change. With the onset of the Anthropocene, global and regional changes in biophysical inputs to these systems will challenge their capacity to respond while maintaining functions of water supply, flood control, hydropower production, water quality, and biodiversity. Governance lies at the heart of the capacity of these systems to meet these challenges. Assessment of water basins in the United States and Australia indicates that state-centric governance of these complex and dynamic social-environmental systems is evolving to a more complex, diverse, and complex array public and private arrangements. In this process, three challenges emerge for water governance to become adaptive to environmental change. First, is the need for legal reform to remove barriers to adaptive governance by authorizing government agencies to prepare for windows of opportunity through adaptive planning, and to institutionalize the results of innovative solutions that arise once a window opens. Second, is the need for legal reform to give government agencies the authority to facilitate and participate in adaptive management and governance. This must be accompanied by parallel legal reform to assure that engagement of private and economic actors and the increase in governmental flexibility does not destabilize basin economies or come at the expense of legitimacy, accountability, equity, and justice. Third, development of means to continually assess thresholds and resilience of social-ecological systems and the adaptive capacity of their current governance to structure actions at multiple scales. The massive investment in water infrastructure on the river basins studied has improved the agricultural, urban and economic sectors, largely at the cost of other social and environmental values. Today the infrastructure is aging and in need of substantial investment for those benefits to continue and adapt to ongoing environmental changes. The renewal of institutions and heavily engineered water systems also presents the opportunity to modernize these systems to address inequity and align with the values and objectives of the 21st century. Creative approaches are needed to transform and modernize water governance that increases the capacity of these water-based social-ecological systems to innovate, adapt, and learn, will provide the tools needed to navigate an uncertain future.

This insightful book considers how the law has adapted to the environmental challenges of the 21st Century and the ways in which it might be used to cope with environmental risks and uncertainties whilst promoting resilience and greater equality. These issues are considered in social context by contributors from different disciplines who examine some of the experiments tried in different parts of the world to govern the environment, improve the available legal tools and give voice to more diverse groups.

Despite the global endorsement of the Sustainable Development Goals, environmental justice struggles are growing all over the world. These struggles are not isolated injustices, but symptoms of interlocking forms of oppression that privilege the few while inflicting misery on the many and threatening ecological collapse. This handbook offers critical perspectives on the multi-dimensional, intersectional nature of environmental injustice and the cross-cutting forms of oppression that unite and divide these struggles, including gender, race, poverty, and indigeneity. The work sheds new light on the often-neglected social dimension of sustainability and its relationship to human rights and environmental justice. Using a variety of legal frameworks and case studies from around the world, this volume illustrates the importance of overcoming the fragmentation of these legal frameworks and social movements in order to develop holistic solutions that promote justice and protect the planet's ecosystems at a time of intensifying economic and ecological crisis.