The speed and uncertainty of environmental change in the Anthropocene challenge the capacity of coevolving social–ecological–technological systems (SETs) to adapt or transform to these changes. Formal government and legal structures further constrain the adaptive capacity of our SETs. However, new, self-organized forms of adaptive governance are emerging at multiple scales in natural resource-based SETs. Adaptive governance involves the private and public sectors as well as formal and informal institutions, self-organized to fill governance gaps in the traditional roles of states. While new governance forms are emerging, they are not yet doing so rapidly enough to match the pace of environmental change. Furthermore, they do not yet possess the legitimacy or capacity needed to address disparities between the winners and losers from change. These emergent forms of adaptive governance appear to be particularly effective in managing complexity. We explore governance and SETs as coevolving complex systems, focusing on legal systems to understand the potential pathways and obstacles to equitable adaptation. We explore how governments may facilitate the emergence of adaptive governance and promote legitimacy in both the process of governance despite the involvement of nonstate actors, and its adherence to democratic values of equity and justice. To manage the contextual nature of the results of change in complex systems, we propose the establishment of long-term study initiatives for the coproduction of knowledge, to accelerate learning and synergize interactions between science and governance and to foster public science and epistemic communities dedicated to navigating transitions to more just, sustainable, and resilient futures.
International water law, which regulates the uses of international watercourses that are situated partly in different States, is a highly topical sector of law. In 2014, two conventions covering the subject matter entered into force globally. At the same time, a water-food-energy nexus has become part and parcel of the development canon that emphasises the importance of the complex relationship between water, energy and food. In this article, it is discussed whether international water law supports the water-food-energy nexus approach, which aims to reconcile the different water uses in international basins. The analysis also covers the human rights to water and food from the nexus viewpoint. The legal regime of the Mekong River is used as an example of the possibilities and challenges of the nexus approach in international water law. It is concluded that despite its deficiencies international water law provides a very useful platform for the cooperation between States and different sectors that aim at guaranteeing water, food and energy security.
9 November 2023 in International Journal of Water Resources Development
Animal agriculture is shifting toward larger farms and regional agglomerations in many countries. In step with this development, manure nutrients have started accumulating regionally, and are leading to increasing eutrophication problems. Nevertheless, the same trend may also prompt innovations in manure treatment. For example, Valio Ltd (the largest dairy processer in Finland) is planning a network of facilities that would remove water from manure, fraction the nutrients in it, and produce biogas from the excess methane. One of the main hurdles in developing this technology is that the current regulatory framework does not support a shift from diffuse loading, which is seen in the traditional application of manure on fields, to point-source loading; the regulations may even prevent such a change. This article analyzes a governance framework that addresses this dilemma in EU–Finland, and discusses how the governance described could curtail the nutrient loading of agriculture to waters. The approach is based on adaptive governance theory. We argue that traditional top–down regulation, which emphasizes food security, contains serious shortcomings when it comes to managing agricultural nutrient loading to waters, and that the current regulatory framework does not necessarily have the adaptive capacity to facilitate new, bottom–up solutions for manure treatment. Interestingly, the strict water quality requirements of the EU Water Framework Directive (2000/60/EC) open new windows of opportunity for such solutions, and thus for improving the overall sustainability of animal agriculture.
15 January 2024 in Review of European, Comparative & International Environmental Law
Climate change is expected to significantly alter hydrological regimes globally as well as locally. The impacts will encompass both long‐term changes in hydrological trends and short‐term extreme weather events. The need to anticipate and adapt to future changes will challenge legal rules and institutions, as these are bound to the past. This article analyses whether water law at international, EU and national (Finland) levels can deal with these hydrological changes. To this end, the analysis draws on a case study of the Finnish‐Russian transboundary Vuoksi River. We discuss the main substantive and procedural challenges of water law and outline some necessary legal changes. Our analysis shows that while water law at these levels includes some legal mechanisms for managing varying hydrological circumstances, these will prove insufficient in the light of the scale of anticipated hydrological changes.
28 January 2019 in Review of European, Comparative & International Environmental Law