Water, resilience and the law: From general concepts and governance design principles to actionable mechanisms

Clarvis, Margot Hill; Allan, Andrew; Hannah, David M.

doi:10.1016/j.envsci.2013.10.005

Cited by 66 publications

(51 citation statements)

References 31 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…Planned windows provide a more balanced approach to governance, providing a structured and predictable period to reassess and change direction, thereby safeguarding security and stability without jeopardizing equally important aspects of flexibility and responsiveness. These design principles fit into a larger category of iterative decision making, an essential characteristic of adaptive governance (e.g., Armitage 2007, Clarvis et al 2014.…”

Section: Reflexive Law and Legal Sunsets: Iterative Decision Makingmentioning

confidence: 99%

“…Legal design principles pertain to (a) elements of official legal systems that determine structure, authority, function, and guidelines for government agencies (e.g., administrative law) and private centers of activity (e.g., individuals, industry, grassroots organizations) and (b) rules and regulatory systems that deal with compliance (e.g., substantive law like the Endangered Species Act; see also Clarvis et al 2014, Cosens et al 2017. Institutional design principles refer more broadly to features of rule-governed systems, like clearly defined socio-political and geographic boundaries, that help collectives solve problems cooperatively; these principles originate from Ostrom's (1990Ostrom's ( , 2010 analysis of self-governing communities, but may also be applied to more formal, complex governance systems Heikkila 2011, Sarker 2013).…”

Section: Candidate Design Principles For Adaptive Governancementioning

confidence: 99%

“…Most environmental stakeholders, ranging from government agencies to grassroots organizations, have some inherent capacity for innovation, decision making, and governance (e.g., Ostrom 1990Ostrom , 1992. Many scholars argue that some legal and institutional, or rule-governed, oversight (Wheeler 2000, Dietz et al 2003, Ruhl 2011, or built-in mechanisms for adaptation, for example in the law (Arnold and Gunderson 2013, Clarvis et al 2014, Craig and Ruhl 2014, could facilitate, and perhaps coordinate, this inherent potential for adaptation, improving adaptive governance. Specifically, traditional centers of authority, like federal and state government, could create laws and legal frameworks to enhance the ability, authority, and resources, i.e., adaptive capacity, of existing environmental stakeholders to make important decisions and flexibly respond to changing social-ecological conditions (e.g., Shivakumar 2005, Clarvis et al 2014, Cosens et al 2017.…”

Section: Introductionmentioning

confidence: 99%

See 2 more Smart Citations

Legal and institutional foundations of adaptive environmental governance

DeCaro¹,

Chaffin²,

Schlager³

et al. 2017

E&S

View full text Add to dashboard Cite

ABSTRACT. Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frameworks for legal and institutional design, limiting our ability to promote adaptation and social-ecological resilience. We develop an overarching framework that describes the current and potential role of law in enabling adaptation. We apply this framework to different social-ecological settings, centers of activity, and scales, illustrating the multidimensional and polycentric nature of water governance. Adaptation typically emerges organically among multiple centers of agency and authority in society as a relatively self-organized or autonomous process marked by innovation, social learning, and political deliberation. This self-directed and emergent process is difficult to create in an exogenous, top-down fashion. However, traditional centers of authority may establish enabling conditions for adaptation using a suite of legal, economic, and democratic tools to legitimize and facilitate self-organization, coordination, and collaboration across scales. The principles outlined here provide preliminary legal and institutional foundations for adaptive environmental governance, which may inform institutional design and guide future scholarship.

show abstract

Section: Reflexive Law and Legal Sunsets: Iterative Decision Makingmentioning

confidence: 99%

Section: Candidate Design Principles For Adaptive Governancementioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

See 1 more Smart Citation

Legal and institutional foundations of adaptive environmental governance

DeCaro¹,

Chaffin²,

Schlager³

et al. 2017

E&S

View full text Add to dashboard Cite

show abstract

“…One of the principle water resilience is associated to the Institutional and ecological engineering, for example, concerning to parameter of policy of land use, spatial waters management [5]. Water resilience also have a correlation with the adaptive E3S Web of Conferences 31, 07009 (2018) https://doi.org/10.1051/e3sconf/20183107009 ICENIS 2017 government especially for the ability of government to design law enforcement to cover the spatial planning issues [6]. Water resilience could be defined associated with the influence to the food production [7], and sustainable cities and regional economic development [8,9].…”

Section: Literature Review: Water Resiliencementioning

confidence: 99%

Assessing Method to Identifying Water Resilience Against Natural and Climate Change Hazards.

Amril

Maryono

2018

E3S Web Conf.

View full text Add to dashboard Cite

Abstract.A geographic region may become vulnerable toward water resources in a variety of ways. Common issues arise when man-made infrastructure such as housing, industrial, agriculture and other spatial land use policy implementation exceeds more than desired level. Vulnerability of a region due to water resources could be interpreted as the inability of the region to sustaining economic and social activity associated to socio-economic water availability. This study assess four aspects of water resilience: water quantity, water distribution, water quality, and water requirements. Literature review then followed by interview with academic expert used as method of study. This study found that four aspect of water vulnerability mostly have been applied to asses water resource vulnerability. Each aspect have a specific characteristic and could be define more specific and detail indicator according to the local content.

show abstract

“…The analysis is conducted within the framework of the growing body of literature on the interactions among law, adaptive governance, and resilience, both generally (e.g., Ebbesson 2010, Ruhl 2011, Ebbesson and Hey 2013) and particularly in the field of water governance (e.g., Bruch and Troell 2011, Keessen and van Rijswick 2012, Green et al 2013, Clarvis et al 2014. This literature often focuses on legal adaptation for water quality or water supply.…”

Section: Introductionmentioning

confidence: 99%

Dealing with change and uncertainty within the regulatory frameworks for flood defense infrastructure in selected European countries

Goytia¹,

Pettersson²,

Schellenberger³

et al. 2016

E&S

View full text Add to dashboard Cite

ABSTRACT. Whereas existing literature on the interactions among law, adaptive governance, and resilience in the water sector often focuses on quality or supply issues, this paper addresses adaptation in national water laws in relation to increasing flood risks. In particular, this paper analyzes the extent to which legal rules governing flood defense infrastructure in a selection of European countries (England, France, Sweden, and The Netherlands) allow for response and adaptation to change and uncertainty. Although there is evidence that the legal rules on the development of new infrastructure require that changing conditions be considered, the adaptation of existing infrastructure is a more complicated matter. Liability rules fail to adequately address damages resulting from causes external to the action or inaction of owners and managers, in particular extreme events. A trend toward clearer, and in some cases, increased public powers to ensure the safety of flood defense infrastructure is observed. The paper concludes that legal rules should ensure not only that decisions to build flood defenses are based on holistic and future-oriented assessments, but also that this is reflected in the implementation and operation of these structures.

show abstract

Water, resilience and the law: From general concepts and governance design principles to actionable mechanisms

Cited by 66 publications

References 31 publications

Legal and institutional foundations of adaptive environmental governance

Legal and institutional foundations of adaptive environmental governance

Assessing Method to Identifying Water Resilience Against Natural and Climate Change Hazards.

Dealing with change and uncertainty within the regulatory frameworks for flood defense infrastructure in selected European countries

Contact Info

Product

Resources

About