Book contents
- Legal Design for Social-Ecological Resilience
- Legal Design for Social-Ecological Resilience
- Copyright page
- Contents
- Preface and Acknowledgments
- Table of Treaties and International Instruments
- Table of EU Law
- Table of Cases
- Abbreviations
- 1 Introduction
- 2 Environmental Law
- 3 Law and Governance
- 4 Defining Features for Resilience Governance
- 5 Adaptivity, Flexibility and Transformability
- 6 Multidimensional and Polycentric Structures
- 7 Stakeholders and Structures for Participation
- 8 Operationalization, Monitoring, Compliance and Trust Building
- 9 Conclusions – Effective Legal Design for Resilience Governance
- References
- Index
3 - Law and Governance
Published online by Cambridge University Press: 10 March 2021
- Legal Design for Social-Ecological Resilience
- Legal Design for Social-Ecological Resilience
- Copyright page
- Contents
- Preface and Acknowledgments
- Table of Treaties and International Instruments
- Table of EU Law
- Table of Cases
- Abbreviations
- 1 Introduction
- 2 Environmental Law
- 3 Law and Governance
- 4 Defining Features for Resilience Governance
- 5 Adaptivity, Flexibility and Transformability
- 6 Multidimensional and Polycentric Structures
- 7 Stakeholders and Structures for Participation
- 8 Operationalization, Monitoring, Compliance and Trust Building
- 9 Conclusions – Effective Legal Design for Resilience Governance
- References
- Index
Summary
This chapter introduces the relationship between law and governance. Laws and legal institutions are important in structures for governance, where governance is seen as the sum of the many ways that individuals and institutions, public and private, manage their common affairs. The description of the concept of governance used is thus not equal to governance through government, but instead reflects a system where legal institutions are seen as one part of a structural nest with multiple mechanisms, measures, and actions. International law is also increasingly characterized by a general demand for openness, transparency, fairness, and mechanisms for accountability, all part of such governance systems. Environmental governance theories propose strategies, structures, institutions, and actions that respond to different aspects of complexity and uncertainty in the environment. In this way, the theories on resilience in social-ecological systems offer a transdisciplinary perspective on effective environmental governance, where law should have a prominent role.
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- Legal Design for Social-Ecological Resilience , pp. 48 - 60Publisher: Cambridge University PressPrint publication year: 2021