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Future-Proofing Law in a Time of Environmental Emergency

Edited by: Harro van Asselt, Seita Vesa, Kaisa Huhta

ISBN13: 9781035343799
To be Published: December 2025
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £120.00





This prescient book examines the future-proofing of environmental law to allow legislation to anticipate and adapt to long term challenges. Leading and emerging experts discuss the extent to which law is fit for purpose in the face of environmental emergencies and associated scientific, socio-economic and political uncertainties.

Providing global insights into the debates surrounding the future-proofing of environmental law, contributors critically analyse law’s reactive tendencies and reflect on pathways towards legal resilience. Chapters outline theoretical approaches, practical solutions and novel directions for future-proofing. These are illustrated by case studies exploring areas such as the Indus Waters Treaty, administrative sanctions of Chinese emissions trading schemes and the role of international law in addressing plastics pollution.

Students and scholars of environmental law and public international law will greatly benefit from this forward-thinking book. It is also a vital resource for policymakers and legal professionals in developmental and environmental law.

Subjects:
Environmental Law
Contents:
1. Towards a future-proof environmental law? 1
Harro van Asselt, Seita Vesa and Kaisa Huhta

PART I THEORETICAL REFLECTIONS
2. Law’s importance does not come from it being wrapped in plastic: on future-proofing environmental law 21
Elizabeth Fisher
3. Environmental law beyond emergencies: lessons from the future 38
Josephine van Zeben and Arden Rowell
4. Overcoming gridlock in environmental law: adaptive strategies for reflexive law 56
Li Yuan

PART II ISSUE AREAS
5. Using due diligence standards to regulate excessive plastic production 86
Andrea Cocchini
6. Assessment of administrative sanctions of the Chinese emissions trading schemes under proportionality: a law and economics perspective 109
Ying Xie
7. Future-proofing the Indus Waters Treaty: threats, gaps and solutions 137
Durgeshree Raman
8. Future-proofing environmental challenges facing the world’s transboundary freshwaters: what role for international water law? 156
Patricia Wouters, Alexander Lopez and Dale Campbell
9. Rethinking the EU-Canada Comprehensive Economic Trade Agreement and the Multilateral Investment Court to enhance third-party rights in investment treaty arbitration 183
Zamira Xhaferri and Jesús Robles

PART III WAYS FORWARD
10. Using an environmental competition statute to decarbonise 208
David M. Driesen
11. The judicial decision-making paradox in environmental issues: how it creates a future-proof legal system with an Achilles’ heel 228
Tong Xu
12. Trusteeship for the environment? 252
Trevor Daya-Winterbottom
13. Adaptation to climate change risks in court: challenges and prospects 274
Nicola Pain and Joanna Endacott