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Dealing with change and uncertainty within the regulatory frameworks for flood defense infrastructure in selected European countries
Luleå University of Technology, Department of Business Administration, Technology and Social Sciences, Social Sciences.
Luleå University of Technology, Department of Business Administration, Technology and Social Sciences, Social Sciences.
University François Rabelais, Tours.
Utrecht Centre for Water, Oceans and Sustainability Law, Utrecht University School of Law.
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Number of Authors: 5
2016 (English)In: Ecology & society, ISSN 1708-3087, E-ISSN 1708-3087, Vol. 21, no 4, 23Article in journal (Refereed) Published
Abstract [en]

Whereas existing literature on the interactions among law, adaptive governance, and resilience in the water sector often focuses on quality or supply issues, this paper addresses adaptation in national water laws in relation to increasing flood risks. In particular, this paper analyzes the extent to which legal rules governing flood defense infrastructure in a selection of European countries (England, France, Sweden, and The Netherlands) allow for response and adaptation to change and uncertainty. Although there is evidence that the legal rules on the development of new infrastructure require that changing conditions be considered, the adaptation of existing infrastructure is a more complicated matter. Liability rules fail to adequately address damages resulting from causes external to the action or inaction of owners and managers, in particular extreme events. A trend toward clearer, and in some cases, increased public powers to ensure the safety of flood defense infrastructure is observed. The paper concludes that legal rules should ensure not only that decisions to build flood defenses are based on holistic and future-oriented assessments, but also that this is reflected in the implementation and operation of these structures.

Place, publisher, year, edition, pages
2016. Vol. 21, no 4, 23
Keyword [en]
Adaptive governance, flood defense, flood risk, flood risk management, water law
National Category
Law
Research subject
Law
Identifiers
URN: urn:nbn:se:ltu:diva-60267DOI: 10.5751/ES-08908-210423OAI: oai:DiVA.org:ltu-60267DiVA: diva2:1045884
Projects
STAR-FLOOD
Funder
EU, FP7, Seventh Framework Programme
Note

Validerad; 2016; Nivå 2; 2016-11-21(andbra)

Available from: 2016-11-11 Created: 2016-11-10 Last updated: 2016-11-22Bibliographically approved

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Publisher's full texthttp://www.ecologyandsociety.org/vol21/iss4/art23/

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