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11 - Adaptation to climate change through legal frameworks

Published online by Cambridge University Press:  05 December 2012

Alexander Zahar
Affiliation:
Macquarie University, Sydney
Jacqueline Peel
Affiliation:
University of Melbourne
Lee Godden
Affiliation:
University of Melbourne
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Summary

Introduction

Much of the focus in climate law to date has been on mitigation approaches for decreasing greenhouse gas emissions in the atmosphere and minimising their effects. Until recently, adaptation has received much less attention. In general terms, adaptation means action to manage the consequences of a changed climate and reduce human vulnerability to the effects of climate change. There was early concern that a focus on adaptation would distract from efforts to mitigate climate change. Now mitigation and adaptation are recognised as ‘interdependent policy strategies’. A sharp demarcation between them is regarded as unhelpful, although the extent to which each is given priority in any given circumstance will vary. Adaptation can take many different forms according to how responses to climate change are conceived and implemented. Law has a pivotal role in identifying risks, and in formulating and implementing adaptation responses.

This chapter considers the manner in which legal frameworks can facilitate adaptation to climate change, given the increasing effects felt around the world. It explores the general nature of adaptation and how this concept has been translated into law, before turning to focus on specific case studies of law and adaptation in Australia and the Pacific region. These scenarios deal with coastal impacts and sea-level rise, water governance to account for increased variability, natural disasters, and the displacement of communities. Although grounded in local circumstances, they will confront many communities across the globe.

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Publisher: Cambridge University Press
Print publication year: 2012

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