Future-Proofing Law in a Time of Environmental Emergency: (The IUCN Academy of Environmental Law series)

This prescient book examines the future-proofing of environmental law to allow legislation to anticipate and adapt to long-term challenges. Leading and emerging experts discuss the extent to which law is fit for purpose in the face of environmental emergencies and associated scientific, socio-economic and political uncertainties. Providing global insights into the debates surrounding the future-proofing of environmental law, contributors critically analyse law’s reactive tendencies and reflect on pathways towards legal resilience. Chapters outline theoretical approaches, practical solutions and novel directions for future-proofing. These are illustrated by case studies exploring areas such as the Indus Waters Treaty, administrative sanctions of Chinese emissions trading schemes and the role of international law in addressing plastics pollution. Students and scholars of environmental law and public international law will greatly benefit from this forward-thinking book. It is also a vital resource for policymakers and legal professionals in developmental and environmental law.

Table of Contents:
Contents 1 Towards a future-proof environmental law? 1 Harro van Asselt, Seita Vesa and Kaisa Huhta PART I THEORETICAL REFLECTIONS 2 Law’s importance does not come from it being wrapped in plastic: on future-proofing environmental law 21 Elizabeth Fisher 3 Environmental law beyond emergencies: lessons from the future 38 Josephine van Zeben and Arden Rowell 4 Overcoming gridlock in environmental law: adaptive strategies for reflexive law 56 Li Yuan PART II ISSUE AREAS 5 Using due diligence standards to regulate excessive plastic production 86 Andrea Cocchini 6 Assessment of administrative sanctions of the Chinese emissions trading schemes under proportionality: a law and economics perspective 109 Ying Xie 7 Future-proofing the Indus Waters Treaty: threats, gaps and solutions 137 Durgeshree Raman 8 Future-proofing environmental challenges facing the world’s transboundary freshwaters: what role for international water law? 156 Patricia Wouters, Alexander Lopez and Dale Campbell 9 Rethinking the EU-Canada Comprehensive Economic Trade Agreement and the Multilateral Investment Court to enhance third-party rights in investment treaty arbitration 183 Zamira Xhaferri and Jesús Robles PART III WAYS FORWARD 10 Using an environmental competition statute to decarbonise 208 David M. Driesen 11 The judicial decision-making paradox in environmental issues: how it creates a future-proof legal system with an Achilles’ heel 228 Tong Xu 12 Trusteeship for the environment? 252 Trevor Daya-Winterbottom 13 Adaptation to climate change risks in court: challenges and prospects 274 Nicola Pain and Joanna Endacott

About the Author :
Edited by Harro van Asselt, Hatton Professor of Climate Law, Department of Land Economy and Fellow, Hughes Hall, University of Cambridge, UK and Professor of Climate Law and Policy, University of Eastern Finland, Joensuu, Finland, Seita Vesa, Professor of Environmental Law, Center for Climate Change, Energy and Environmental Law (CCEEL), University of Eastern Finland, Joensuu and Research Professor, Climate Solutions Unit (SYKE), Finnish Environment Institute, Helsinki, Finland and Kaisa Huhta, Associate Professor of European Law, Center for Climate Change, Energy and Environmental Law (CCEEL), University of Eastern Finland, Joensuu, Finland and Part-Time Professor, Florence School of Regulation, European University Institute, Italy.