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Non-technical summary: The United Nations' sustainable development goals (SDGs) articulate societal aspirations for people and our planet. Many scientists have criticised the SDGs and some have suggested that a better understanding of the complex interactions between society and the environment should underpin the next global development agenda. We further this discussion through the theory of social-ecological resilience, which emphasises the ability of systems to absorb, adapt, and transform in the face of change. We determine the strengths of the current SDGs, which should form a basis for the next agenda, and identify key gaps that should be filled. Technical summary: The United Nations' sustainable development goals (SDGs) are past their halfway point and the next global development agenda will soon need to be developed. While laudable, the SDGs have received strong criticism from many, and scholars have proposed that adopting complex adaptive or social-ecological system approaches would increase the effectiveness of the agenda. Here we dive deeper into these discussions to explore how the theory of social-ecological resilience could serve as a strong foundation for the next global sustainable development agenda. We identify the strengths and weaknesses of the current SDGs by determining which of the 169 targets address each of 43 factors affecting social-ecological resilience that we have compiled from the literature. The SDGs with the strongest connections to social-ecological resilience are the environment-focus goals (SDGs 2, 6, 13, 14, 15), which are also the goals consistently under-prioritised in the implementation of the current agenda. In terms of the 43 factors affecting social-ecological resilience, the SDG strengths lie in their communication, inclusive decision making, financial support, regulatory incentives, economic diversity, and transparency in governance and law. On the contrary, ecological factors of resilience are seriously lacking in the SDGs, particularly with regards to scale, cross-scale interactions, and non-stationarity. Social media summary: The post-2030 agenda should build on strengths of SDGs 2, 6, 13, 14, 15, and fill gaps in scale, variability, and feedbacks.
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Over the past several decades, environmental governance has made substantial progress in addressing environmental change, but emerging environmental problems require new innovations in law, policy, and governance. While expansive legal reform is unlikely to occur soon, there is untapped potential in existing laws to address environmental change, both by leveraging adaptive and transformative capacities within the law itself to enhance social-ecological resilience and by using those laws to allow social-ecological systems to adapt and transform. Legal and policy research to date has largely overlooked this potential, even though it offers a more expedient approach to addressing environmental change than waiting for full-scale environmental law reform. We highlight examples from the United States and the European Union of untapped capacity in existing laws for fostering resilience in social-ecological systems. We show that governments and other governance agents can make substantial advances in addressing environmental change in the short term-without major legal reform-by exploiting those untapped capacities, and we offer principles and strategies to guide such initiatives.
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Conservación de los Recursos Naturales , Ecosistema , Política Ambiental , Biodiversidad , Ecología , Unión Europea , Gobierno , Medio Social , Estados UnidosRESUMEN
Around the globe, coastal communities are increasingly coping with changing environmental conditions as a result of climate change and ocean acidification, including sea level rise, more severe storms, and decreasing natural resources and ecosystem services. A natural adaptation response is to engineer the coast in a perilous and often doomed attempt to preserve the status quo. In the long term, however, most coastal nations will need to transition to approaches based on ecological resilience-that is, to coastal zone management that allows coastal communities to absorb and adapt to change rather than to resist it-and the law will be critical in facilitating this transition. Researchers are increasingly illuminating law's ability to promote social-ecological resilience to a changing world, but this scholarship-mostly focused on U.S. law-has not yet embraced its potential role in helping to create new international norms for social-ecological resilience. Through its comparison of coastal zone management in Australia, Finland, and the Netherlands, this article demonstrates that a comparative law approach offers a fruitful expansion of law-and-resilience research, both by extending this research to other countries and, more importantly, by allowing scholars to identify critical variables, or variable constellations associated with countries' decisions to adopt laws designed to promote social-ecological resilience and to identify mechanisms that allow for a smoother transition to this approach. For example, our comparison demonstrates, among other things, that countries can adopt coastal zone management techniques that integrate social-ecological resilience without fully abandoning more traditional engineering approaches to adapt to environmental change and its impacts.
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The term "governance" encompasses both governmental and nongovernmental participation in collective choice and action. Law dictates the structure, boundaries, rules, and processes within which governmental action takes place, and in doing so becomes one of the focal points for analysis of barriers to adaptation as the effects of climate change are felt. Adaptive governance must therefore contemplate a level of flexibility and evolution in governmental action beyond that currently found in the heavily administrative governments of many democracies. Nevertheless, over time, law itself has proven highly adaptive in western systems of government, evolving to address and even facilitate the emergence of new social norms (such as the rights of women and minorities) or to provide remedies for emerging problems (such as pollution). Thus, there is no question that law can adapt, evolve, and be reformed to make room for adaptive governance. In doing this, not only may barriers be removed, but law may be adjusted to facilitate adaptive governance and to aid in institutionalizing new and emerging approaches to governance. The key is to do so in a way that also enhances legitimacy, accountability, and justice, or else such reforms will never be adopted by democratic societies, or if adopted, will destabilize those societies. By identifying those aspects of the frameworks for adaptive governance reviewed in the introduction to this special feature relevant to the legal system, we present guidelines for evaluating the role of law in environmental governance to identify the ways in which law can be used, adapted, and reformed to facilitate adaptive governance and to do so in a way that enhances the legitimacy of governmental action.