Accommodating human values in the climate regime

Cook, Rosalind; Tauschinsky, Eljalill

doi:10.18352/ulr.82

Cited by 5 publications

(3 citation statements)

References 4 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Adaptation to climate change and related governance responses call into question many normative principles currently underlying policymaking and implementation. 67 We can find examples of shifting normative principles in practically every policy domain relating to the governance of climate adaptation, yet these shifts are not usually made explicit. 68 Should established legal and policy principles in the public domain remain the same, or can they be maintained in the face of climate change, and-if not-to what extent do they need to be reconsidered?…”

Section: Rethinking Legal and Policy Principlesmentioning

confidence: 99%

The regional governance of climate adaptation: A framework for developing legitimate, effective, and resilient governance arrangements

Termeer¹,

Dewulf²,

Rijswick³

et al. 2011

Clim Law

135

View full text Add to dashboard Cite

Adaptation to climate change raises important governance issues. Notwithstanding the increasing attention on climate adaptation at the global and European level, the variety of local conditions and climate impacts points towards a prime role for regional actors in climate change adaptation. They face the challenge of developing and implementing adaptation options and increasing the adaptive capacity of regions so that expected or unexpected impacts of future climate change can be addressed. This paper presents a conceptual framework to analyse the regional governance of climate adaptation. It addresses the following key questions: (1) What are the distinct challenges for the regional governance of climate adaptation? (2) Which concepts can guide the design of new governance arrangements and strategies? (3) What challenges to legal principles are posed by the climate? (4) What research methods are suitable for developing and testing governance arrangements and strategies? We present a framework designed to address each of these questions; it has analytical, design, normative, and methodological components. In the paper, examples from the Dutch regional governance of climate adaptation serve as illustrations of the conceptual argumentation.

show abstract

Section: Rethinking Legal and Policy Principlesmentioning

confidence: 99%

The regional governance of climate adaptation: A framework for developing legitimate, effective, and resilient governance arrangements

Termeer¹,

Dewulf²,

Rijswick³

et al. 2011

Clim Law

135

View full text Add to dashboard Cite

show abstract

“…Insurance systems are an example of institutionalized solidarity, whereby risks are shared among the community with financial transfers to members who have suffered damage. Institutionalized solidarity is closely related to the principle of equity, addressing the redistribution of resources in a temporal, geographic, and economic dimension, or a combination of all three (Cook & Tauschinsky, 2008;Williams, 2003). Solidarity in an upstreamdownstream setting is also associated with the principle of 'good neighbourliness'.…”

Section: The Solidarity Principle: a Conceptual Clarificationmentioning

confidence: 99%

Solidarity in transboundary flood risk management: A view from the Dutch North Rhine–Westphalian catchment area

2015

View full text Add to dashboard Cite

Climate change is putting pressure on water systems, and its effects transcend man-made boundaries, making cooperation across territorial borders essential. The governance of transboundary flood risk management calls for solidarity among riparians, as climate change will make river basins more prone to flooding. 'Solidarity' means that individuals act to support members of a particular community to which they belong. Recently, the solidarity principle has become institutionalized due to its formalization in the EU Floods Directive. However, it is not clear what solidarity means in the upstream-downstream practices of transboundary flood risk management. Understanding the meaning of solidarity is important for the development of cross-border climate adaptation governance. This article discusses the conceptualization of the solidarity principle and explores its meaning for international cooperation in the Dutch North Rhine-Westphalian border region. Our critical case study reveals that although all actors understand the importance of solidarity, they interpret it differently, often based on self-interest related to their position in the catchment. The formal inclusion of the solidarity principle in the Floods Directive can best be seen as a step in the continuous development of transboundary flood risk governance, as no striking changes in practice have been identified after its formalization. Policy relevanceAs climate change increasingly puts pressure on river basins and other shared resources, cross-border cooperation and solidarity are seen as increasingly important. This article discusses the meaning of solidarity in practice and reveals how this normative principle may contribute to transboundary climate adaptation governance. Understanding its meaning is important for future cross-border climate adaptation governance.

show abstract

“…Principles of a typically open and flexible nature combined with agreed levels of protection and the possibility for public and private enforcement are well suited to respond to climate change because they are based on common sense and therefore are broadly accepted in society. Climate issues are characterized by ethical and normative aspects and conditions of uncertainty that require considerable flexibility in guidance and control (Cook and Tauschinski 2008, Gupta et al 2009, Driessen and van Rijswick 2011. The principle of sustainable development combines principles of general international law, principles following international environmental law, and principles following the international climate regime with the need for economic development.…”

Section: The Mechanisms Of Legal Contextualizationmentioning

confidence: 99%

Enabling the Contextualization of Legal Rules in Responsive Strategies to Climate Change

Rijswick¹,

Salet²

2012

E&S

View full text Add to dashboard Cite

ABSTRACT. The paradigm of adaptive governance is paramount in policy discourses on the mitigation and adaptation strategies of climate change. Adaptability, resilience, and cooperative approaches are promoted as the appropriate vehicles to meet the contemporary conditions of uncertainty and complexity. We claim that the legitimacy and effectiveness of these responsive strategies might be augmented via the use of legal perspectives. Rather than the instrumental use of command and control type of regulation, the legal perspectives should focus on establishing principal norms that enable the search for different solutions in different contexts. From these assumptions, the concept of legal obligation is explored as embodying the meaning of legality, and at the same time conditioning and committing the probing of different ways of purposeful action in different local circumstances. We explore the innovative potential of legal norms and demonstrate how responsive strategies to climate change can be guided by the contextualization of legal norms.

show abstract

Accommodating human values in the climate regime

Cited by 5 publications

References 4 publications

The regional governance of climate adaptation: A framework for developing legitimate, effective, and resilient governance arrangements

The regional governance of climate adaptation: A framework for developing legitimate, effective, and resilient governance arrangements

Solidarity in transboundary flood risk management: A view from the Dutch North Rhine–Westphalian catchment area

Enabling the Contextualization of Legal Rules in Responsive Strategies to Climate Change

Contact Info

Product

Resources

About