Environmental rights may play a relevant role for enhancing resilience justice. Nevertheless, they demonstrate to be insufficient. Adaptive law is an even stronger way of achieving those objectives. Because static governance or legal systems are incompatible with social-ecological fast-moving complex systems, adaptive approaches are needed in management, planning, governance and even law. The mere proclamation of one right only demonstrates the intention of the state, local authorities, the people, or the international community to protect a certain right as previously explained. Implementing it in an effective way is different. This is the reason why adaptive law is a highly relevant tool. It can connect the already proclaimed environmental rights to the implementation or enhancement of resilience justice. Through the involvement of different stakeholders, the empowerment of citizens and communities, and the implementation of iterative processes where all can participate, it is more likely to include in the decision- and law-making process all the main agents of social-ecological systems. And community action, which will be developed in the following chapter, is an important part of this reality.

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Adaptive Law for Resilience Justice

  • Tiago de Melo Cartaxo

摘要

Environmental rights may play a relevant role for enhancing resilience justice. Nevertheless, they demonstrate to be insufficient. Adaptive law is an even stronger way of achieving those objectives. Because static governance or legal systems are incompatible with social-ecological fast-moving complex systems, adaptive approaches are needed in management, planning, governance and even law. The mere proclamation of one right only demonstrates the intention of the state, local authorities, the people, or the international community to protect a certain right as previously explained. Implementing it in an effective way is different. This is the reason why adaptive law is a highly relevant tool. It can connect the already proclaimed environmental rights to the implementation or enhancement of resilience justice. Through the involvement of different stakeholders, the empowerment of citizens and communities, and the implementation of iterative processes where all can participate, it is more likely to include in the decision- and law-making process all the main agents of social-ecological systems. And community action, which will be developed in the following chapter, is an important part of this reality.