Resilience is of increasing importance in the development and operation of technical infrastructure. In this chapter, we show how resilience can be embedded in the structure of infrastructure law. We analyse substantive law as the legal basis for responding to resilience requirements. And we look at the legal instruments for implementing these substantive requirements. The example we have chosen to explore this issue is electricity infrastructure. So, we look at electricity generation plants, transmission lines and electricity networks. Due to the heterogeneous structure of infrastructure law, different areas of law such as energy law, emission control law and the law of planning approval will be covered. Different substantive requirements, such as dynamic basic obligations (emission control law) or the NOVA principle (energy law) will be addressed. In the same way, different instruments of implementation, such as permit requirements, ex-post interventions, monitoring, planning and procedures will be analysed. The analysis is guided by the question of whether these legal concepts are able to accommodate the elements of resilience, in particular resistance, robustness and adaptability.

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Resilience in the System of Infrastructure Law

  • Martin Wickel

摘要

Resilience is of increasing importance in the development and operation of technical infrastructure. In this chapter, we show how resilience can be embedded in the structure of infrastructure law. We analyse substantive law as the legal basis for responding to resilience requirements. And we look at the legal instruments for implementing these substantive requirements. The example we have chosen to explore this issue is electricity infrastructure. So, we look at electricity generation plants, transmission lines and electricity networks. Due to the heterogeneous structure of infrastructure law, different areas of law such as energy law, emission control law and the law of planning approval will be covered. Different substantive requirements, such as dynamic basic obligations (emission control law) or the NOVA principle (energy law) will be addressed. In the same way, different instruments of implementation, such as permit requirements, ex-post interventions, monitoring, planning and procedures will be analysed. The analysis is guided by the question of whether these legal concepts are able to accommodate the elements of resilience, in particular resistance, robustness and adaptability.