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You are here : eLibrary : IAHR World Congress Proceedings : 36th Congress - The Hague (2015) ALL CONTENT : Special sessions : The adaptiveness of law put to the test:
The adaptiveness of law put to the test:
Author : ANDREA KEESSEN(1) AND WOUTER ERNST(1)
ABSTRACT
Arguably law should change and become adaptive in order to facilitate adaptation to climate change. However,
adaptiveness is not the only feature of law. Too much flexibility runs counter to the need for stability, enforceability and
legitimacy. Therefore a balance should be struck. Legal experiments could open up the discussion about the need for and
the extent of legal adaptation to climate change. This need for experiments motivated our choice to analyze and compare
two adaptation measures to deal with water scarcity in a water-rich country like the Netherlands from a resilience
perspective. Our aim was to uncover whether the current Dutch legal framework enables adaptation or whether that
requires a rule change. We analyzed the applicable legal rules, the legal and policy documents and selected two case
studies in an area with structural water scarcity. We interviewed the main stakeholders, which set up adaptation
measures. It is clear that the Dutch legal system is not designed to deal with structural water scarcity. Yet the two cases
showed that the national rules did not have to change to enable adaptation to a situation of structural water scarcity. Albeit
Dutch water resource law does not equally promote all elements of an adaptive approach, it enables adaptation through its
polycentric structure and the discretionary room it leaves to regional authorities to create local solutions together with
private parties.
File Size : 265,880 bytes
File Type : Adobe Acrobat Document
Chapter : IAHR World Congress Proceedings
Category : 36th Congress - The Hague (2015) ALL CONTENT
Article : Special sessions
Date Published : 17/08/2015
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