Enhancing Resilience and Justice in Climate Adaptation Laws

• Published in: Transnational environmental law Vol. 8; no. 1; pp. 89 - 118
• Main Authors: Wenta, Joseph, McDonald, Jan, McGee, Jeffrey S.
• Format: Journal Article
• Language: English
• Published: Cambridge, UK Cambridge University Press 01-03-2019
• Subjects: Adaptation; Biodiversity; Change management; Climate adaptation; CLIMATE CHANGE; Climate effects; Climate justice; Climatic changes; Decision theory; Ecological monitoring; Environmental changes; Environmental impact; Environmental justice; ENVIRONMENTAL LAW; Environmental policy; ENVIRONMENTAL PROTECTION; GOVERNMENT POLICY; Law reform; Principles; Resilience; Resilience (Ecology); State laws; Australia; United States > US; Climate change; Impacts; Resilience thinking; Socio-ecological resilience; Environmental justice; Adaptation
• ISSN: 2047-1025; 2047-1033
• DOI: 10.1017/S2047102518000286

Resilience thinking – an approach for understanding and managing change – is increasingly central to climate change adaptation law and policy. Yet the influence of adaptation law and policy on the distribution of climate impacts is often overlooked in studies of socio-ecological resilience to climate change. This article demonstrates how environmental justice scholarship helps to address this gap in the literature relating to adaptation law and resilience. Drawing on existing literature, the article identifies four principles to promote resilience and justice through climate adaptation laws. Climate adaptation laws must (i) prepare for, and respond to, change; (ii) address the distributive effects of climate change and adaptation; (iii) promote participation in adaptation processes; and (iv) cross sectors and scales. Each criterion can be implemented in part through existing legal processes, but might also be further supported by incremental law reform. Developing both resilience and justice dimensions will enhance the effectiveness of adaptation laws in addressing climate impacts.