Future-Proofing Law in a Time of Environmental Emergency

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Future-Proofing Law in a Time of Environmental Emergency

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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.

Towards a future-proof environmental law? 1

Harro van Asselt, Seita Vesa and Kaisa Huhta

PART I THEORETICAL REFLECTIONS

Law’s importance does not come from it being wrapped in plastic: on future-proofing environmental law 21

Elizabeth Fisher

Environmental law beyond emergencies: lessons from the future 38

Josephine van Zeben and Arden Rowell

Overcoming gridlock in environmental law: adaptive strategies for reflexive law 56

Li Yuan

PART II ISSUE AREAS

Using due diligence standards to regulate excessive plastic production 86

Andrea Cocchini

Assessment of administrative sanctions of the Chinese emissions trading schemes under proportionality: a law and economics perspective 109

Ying Xie

Future-proofing the Indus Waters Treaty: threats, gaps and solutions 137

Durgeshree Raman

Future-proofing environmental challenges facing the world’s transboundary freshwaters: what role for international water law? 156

Patricia Wouters, Alexander Lopez and Dale Campbell

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.