Legal and Policy Pathways of Climate Change Adaptation: Comparative Analysis of the Adaptation Practices in the United States, Australia and China

He, Xu

doi:10.1017/s2047102518000092

Cited by 13 publications

(5 citation statements)

References 45 publications

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“…For increasing the adaptive capacity, it becomes especially crucial to jointly develop strategies for water systems with involved actors at a regional scale to develop complementary and parallel strategies for which investments of other actors are (also) needed. Also designing legal and policy pathways toward adaption, for example, for enabling cooperation, could become part of this participatory and regionally embedded exercise (He, 2018). For increasing the transformative capacity, it becomes crucial to organize dialogues with stakeholders within regions to develop a future vision and to discuss possible win‐wins but also unavoidable clashes of stakes.…”

Section: Conclusion and Discussionmentioning

confidence: 99%

Deciding for resilience: Utilizing water infrastructure investments to prepare for the future

Pot

2023

WIREs Water

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Governments are increasingly faced with climate change realities and have also committed themselves to international agreements with objectives to tackle long‐term problems such as becoming climate neutral by 2050. Governments, therefore, will need to carefully consider how to contribute to combatting climate change, when investing in their water infrastructure that is reaching an end‐of‐lifetime due to technical aging or changing functional requirements. Such investments offer crucial windows of opportunity to create more resilient water systems, because large budgets are involved and lifespans of infrastructure are long and co‐determine possible futures. Based on a literature review, this article develops key ways of how infrastructure operators could adopt a long‐term perspective and choose water management strategies that increase absorptive, adaptive, and transformative capacities. With these perspectives and strategies, this article sets out a basis to help governments prepare for the future when they invest in water infrastructure.This article is categorized under: Human Water > Water Governance Science of Water > Water and Environmental Change Engineering Water > Planning Water

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Section: Conclusion and Discussionmentioning

confidence: 99%

Deciding for resilience: Utilizing water infrastructure investments to prepare for the future

Pot

2023

WIREs Water

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“…As the Chinese government adjusts the problem definition of climate change and refines its climate policy goals, it is also updating its strategies on climate change. Climate adaptation and risk management was historically a much lower priority on the domestic policy agenda in China compared to climate mitigation [48][49][50]. In recent years, Chinese scientists have launched several systematic studies on climate risk assessment and management.…”

Section: Learning To Elevate Adaptation Action Onto An Equal Footing ...mentioning

confidence: 99%

Three Decades of Climate Policymaking in China: A View of Learning

Zhao

2022

Sustainability

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Climate policymaking in China has gone through three major phases over the course of three decades. This paper applies the concept of policy learning to an analysis of what the Chinese government has learned about climate policymaking during this period. Our analysis shows that this thirty-year history of climate policymaking can be viewed as a conceptual learning process because the Chinese government has continuously adjusted the problem definition of climate change, redefined climate policy goals, and updated climate strategies. First, the Chinese leadership has redefined climate change from a scientific and diplomatic problem, to a developmental and strategic issue, and finally to an overarching grand strategy guiding national development in the next forty years. Second, the Chinese government has fundamentally redefined its climate policy goal from avoiding climate action so as to foster economic development to reinvigorating economic development through climate action. Third, the Chinese government has updated its climate change strategy from solely emphasizing climate mitigation to a more balanced consideration of mitigation and adaptation, and from state-dominant governance processes to more diversified governance processes that involve the participation of the corporate sector and a greater a role of the law.

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“…Of the 130 articles identified systematically, 99 (76% of the total dataset) focus on Global North jurisdictions (either in an in‐depth analysis or as part of a comparative project), 26 (20% of the total dataset) have an international focus or cover jurisdictions in both North and South. Only five of the identified journal articles have a clear focus on litigation or litigation‐related issues in the Global South (He, ; Humby, ; Nyinevi, ; Ugochukwu, ; Williams, ) (Figure ). Other contributions to the literature on climate litigation in Global South countries can be found in edited books (Lord, Goldberg, Rajamani, & Brunnée, ) and as book chapters (Lin, ), but a first comprehensive study focused on Global South climate litigation is yet to be published.…”

Section: Overview Of the Literature On Climate Change Litigationmentioning

confidence: 99%

“…Mindful of such considerations, we sought to categorize the papers according to the type of different policy responses involved in the litigation to address climate change. We found that most papers were concerned with litigation to address mitigation (113 papers referred to mitigation-relevant litigation), 50 referred to adaptation-relevant litigation (e.g., He, 2018;Markell & Ruhl, 2010;O'Donnell, 2016;Peel, Godden, & Keenan, 2012;Preston, 2016b;Wilensky, 2015), and 20 papers referred to litigation concerned with addressing climate-related loss and damage (e.g., Hinteregger, 2017;Marjanac & Patton, 2018;Mayer 2014;Preston, 2016b;Spitzer & Burtscher, 2017). The 49 papers addressed both mitigation, adaptation and/or loss and damage (Figure 2).…”

Section: Increased Interest and Its Patternmentioning

confidence: 99%

Climate change litigation: A review of research on courts and litigants in climate governance

Setzer

Vanhala

2019

WIREs Climate Change

107

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Studies of climate change litigation have proliferated over the past two decades, as lawsuits across the world increasingly bring policy debates about climate change mitigation and adaptation, as well as climate change-related loss and damage to the attention of courts. We systematically identify 130 articles on climate change litigation published in English in the law and social sciences between 2000 and 2018 to identify research trajectories. In addition to a budding interdisciplinarity in scholarly interest in climate change litigation we also document a growing understanding of the full spectrum of actors involved and implicated in climate lawsuits and the range of motivations and/or strategic imperatives underpinning their engagement with the law. Situating this within the broader academic literature on the topic we then highlight a number of cutting edge trends and opportunities for future research. Four emerging themes are explored in detail: the relationship between litigation and governance; how time and scale feature in climate litigation; the role of science; and what has been coined the "human rights turn" in climate change litigation. We highlight the limits of existing work and the need for future research-not limited to legal scholarship-to evaluate the impact of both regulatory and antiregulatory climate-related lawsuits, and to explore a wider set of jurisdictions, actors and themes. Addressing these issues and questions will help to develop a deeper understanding of the conditions under which litigation will strengthen or undermine climate governance. This article is categorized under: Policy and Governance > Multilevel and Transnational Climate Change Governance K E Y W O R D S climate change litigation, climate governance, climate lawsuits, regulation 1 | INTRODUCTIONCourts are playing an increasingly visible role in policy debates about climate change mitigation and adaptation, as well as climate change-related loss and damage. 1 Lawsuits addressing the causes and consequences of climate change-such as the expansion of airports, the reliance on coal-powered energy and the climate-related erosion of the habitats of endangered species-are increasingly apparent in national courts, and scholars even see a potential role for international tribunals to address climate harms (e.g., Bodansky, 2017;Sands, 2016). This article is, to our knowledge, the first to systematically review key literature on climate change litigation over the last 20 years. We build on this to identify new horizons for a forward-

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Legal and Policy Pathways of Climate Change Adaptation: Comparative Analysis of the Adaptation Practices in the United States, Australia and China

Cited by 13 publications

References 45 publications

Deciding for resilience: Utilizing water infrastructure investments to prepare for the future

Deciding for resilience: Utilizing water infrastructure investments to prepare for the future

Three Decades of Climate Policymaking in China: A View of Learning

Climate change litigation: A review of research on courts and litigants in climate governance

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