Research Handbook on Climate Disaster Law
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Research Handbook on Climate Disaster Law

Barriers and Opportunities

Edited by Rosemary Lyster and Robert R.M. Verchick

Through assessing climate disaster law in relation to international, public, private and environmental law this Research Handbook considers the unique challenges, barriers and opportunities that climate disasters pose for law and policy. Scientific and empirical evidence suggests that the laws addressing natural disasters cannot be adequately applied to disasters that are caused by climate change. Featuring contributions from leading international experts, this Research Handbook will be a useful resource for those with an interest in environmental law and international policymaking.
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Chapter 9: Adaptive law

Craig Anthony (Tony) Arnold

Abstract

This chapter describes the structural roles that law plays to facilitate adaptation to climate disasters, as well as the features of adaptive legal systems. Climate disasters highlight the need for legal systems to help human communities and environmental systems to adapt to climate change and climate disasters. However, adaptation won’t be possible unless legal systems themselves are adaptive. The chapter discusses four changes that would make legal systems more adaptive: greater flexibility; use of law for transformation; a revolutionary evolution in the law; and an intentional focus on justice, including climate justice, disaster justice, and most especially resilience justice.

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