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This book addresses the role of law in the adaptive management of
socio-ecological systems. Recent years have witnessed a rise in
discussion over the relation between adaptivity and law, as if
after decades of insouciance, legal scholars have finally started
to understand the impacts of the scientific paradigm called
'adaptive management' on the legal sphere. Even though the
complicated relations between law and the adaptive management of
socio-ecological systems have become more debated, a thorough
examination of the scientific and theoretical fundamentals of such
endeavours has yet to be presented. Using the illustrative example
of European Union water governance and its path toward embracing
adaptive management, this book emphasises the legal significance of
properly understanding the manner in which scientific knowledge of
the environment is produced. Though always pivotal, rigorously
apprehending science is especially crucial when dealing with the
management of complex ecosystems as the 'normative' is created
gradually before law begins to examine the 'facts' of the matter.
After examining the roots of adaptive management, this book argues
that the legal needs to understand itself as an integral part of
the process of the socio-ecological management of complex systems
and not merely an external umpire resolving disputes. As a whole,
the book offers new insights into the EU regulator's approaches to
scientific realities, making it an interesting read not only to
academics and legal scholars but also to regulators striving to
deepen their understanding or pondering which approach to adopt in
the face of new regulatory challenges, and to scientists interested
in the science and law aspects of their work.
This comparative book explores the dynamics driving how courts
across Europe and beyond understand and analyse scientific
information in nature conservation. The Habitats and the Birds
Directives-the core of EU nature conservation law-are usually seen
as the most 'uniform' parts of EU environmental law. This book
analyses the case law from 11 current and former EU Member States'
courts and explores the dynamics of how, and crucially why, their
understandings of scientific uncertainty on the one hand, and EU
environmental principles on the other, vary. The courts' scope and
depth of review, access to scientific knowledge, and scientific
literacy all influence such decisions-as does their interpretation
of norms and principles. How have the courts evaluated scientific
evidence, encompassing its essential uncertainties? This book
answers this and many more questions pertinent to EU environmental
law, comparative environmental law, administrative law, and STS
studies. Co-edited by experienced leaders in the field, and with
outstanding contributors, this book is an essential guide to the
dynamics of nature conservation law.
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