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From Transplantation to Anticipation: Challenges for Environmental Law in a No-Analogue Future

McDonald, J ORCID: 0000-0002-7953-1458 2019 , 'From Transplantation to Anticipation: Challenges for Environmental Law in a No-Analogue Future', in J H Farrar and VI Lo and BC Goh (eds.), Scholarship, Practice and Education in Comparative Law: A Festschrift in Honour of Mary Hiscock , Springer Nature, Singapore, pp. 155-170.

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Abstract

Legal transplantation has globalised environmental law. Domestic environmental laws have incorporated international law principles, such as the principle of ecologically sustainable development. There has also been a high degree of borrowing or cross-fertilization of legal approaches from countries with apparently advanced regimes for pollution control, conservation, and natural resource use and exploitation, to those with more nascent governance arrangements. This chapter questions the ongoing value of such a legal transplantation model in a future of rapid anthropogenic environmental change. It maps the aspects of environmental regulation and governance that are the product of transplantation before outlining the ways in which those approaches and principles are challenged by the speed and scale of change portended for the future. The chapter concludes with suggestions for how environmental law should develop when there is no historical analogue for the future ahead.

Item Type: Book Section
Authors/Creators:McDonald, J
Keywords: legal transplantation, law, resilience, adaptation, climate change
Publisher: Springer Nature
DOI / ID Number: 10.1007/978-981-13-9246-7_9
Copyright Information:

Copyright 2019 Springer Nature Singapore Pty Ltd.

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