This prescient book examines the future-proofing of environmental law to allow legislation to anticipate and adapt to long term challenges. Leading and emerging experts discuss the extent to which law is fit for purpose in the face of environmental emergencies and associated scientific, socio-economic and political uncertainties.
This prescient book examines the future-proofing of environmental law to allow legislation to anticipate and adapt to long term challenges. Leading and emerging experts discuss the extent to which law is fit for purpose in the face of environmental emergencies and associated scientific, socio-economic and political uncertainties.
Providing global insights into the debates surrounding the future-proofing of environmental law, contributors critically analyse law’s reactive tendencies and reflect on pathways towards legal resilience. Chapters outline theoretical approaches, practical solutions and novel directions for future-proofing. These are illustrated by case studies exploring areas such as the Indus Waters Treaty, administrative sanctions of Chinese emissions trading schemes and the role of international law in addressing plastics pollution.
Students and scholars of environmental law and public international law will greatly benefit from this forward-thinking book. It is also a vital resource for policymakers and legal professionals in developmental and environmental law.
Contents
1 Towards a future-proof environmental law? 1
Harro van Asselt, Seita Vesa and Kaisa Huhta
PART I THEORETICAL REFLECTIONS
2 Laws importance does not come from it being wrapped in
plastic: on future-proofing environmental law 21
Elizabeth Fisher
3 Environmental law beyond emergencies: lessons from the
future 38
Josephine van Zeben and Arden Rowell
4 Overcoming gridlock in environmental law: adaptive
strategies for reflexive law 56
Li Yuan
PART II ISSUE AREAS
5 Using due diligence standards to regulate excessive plastic
production 86
Andrea Cocchini
6 Assessment of administrative sanctions of the Chinese
emissions trading schemes under proportionality: a law and
economics perspective 109
Ying Xie
7 Future-proofing the Indus Waters Treaty: threats, gaps and
solutions 137
Durgeshree Raman
8 Future-proofing environmental challenges facing the worlds
transboundary freshwaters: what role for international water
law? 156
Patricia Wouters, Alexander Lopez and Dale Campbell
9 Rethinking the EU-Canada Comprehensive Economic Trade
Agreement and the Multilateral Investment Court to enhance
third-party rights in investment treaty arbitration 183
Zamira Xhaferri and Jesús Robles
PART III WAYS FORWARD
10 Using an environmental competition statute to decarbonise 208
David M. Driesen
11 The judicial decision-making paradox in environmental
issues: how it creates a future-proof legal system with an
Achilles heel 228
Tong Xu
12 Trusteeship for the environment? 252
Trevor Daya-Winterbottom
13 Adaptation to climate change risks in court: challenges and
prospects 274
Nicola Pain and Joanna Endacott
Edited by Harro van Asselt, Hatton Professor of Climate Law, Department of Land Economy, University of Cambridge, UK, and Professor of Climate Law and Policy, University of Eastern Finland, Joensuu, Finland, Seita Vesa, Professor of Environmental Law, Center for Climate Change, Energy and Environmental Law (CCEEL), University of Eastern Finland, Joensuu and Research Professor, Climate Solutions Unit (SYKE), Finnish Environment Institute, Helsinki, Finland and Kaisa Huhta, Associate Professor of European Law, Center for Climate Change, Energy and Environmental Law (CCEEL), University of Eastern Finland, Joensuu, Finland and Part-Time Professor, Florence School of Regulation, European University Institute, Italy.
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