Editing IPCC:AR6/WGII/Chapter-17 (section)

===== 17.4.2.1.1 Climate legislation =====

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Legal systems play an important governance role in facilitating responses to climate change across all levels of society ( ''high confidence'' ) ( [[#Ruhl--2010|Ruhl, 2010]] ; [[#McDonald--2014|McDonald and Styles, 2014]] ; [[#Mehling--2015|Mehling, 2015]] ). Laws can facilitate climate action in multiple ways, including through: (i) mandating and guiding the behaviour of governance structures and actors, (ii) fostering coordination between different levels of government, (iii) enforcing climate responses, (iv) its symbolic value and (iv) aligning scientific evidence and societal norms ( [[#Mehling--2015|Mehling, 2015]] ; [[#Scotford--2017|Scotford et al., 2017]] ). Laws also can embed climate change planning within the administrative structure of a state, rendering policy less vulnerable to revocation ( [[#Scotford--2017|Scotford et al., 2017]] ). Extensive revision to laws has occurred in the last decade: a survey of 164 countries showed that over 1200 climate-related national laws and policies have been published, with approximately 44% being acts of parliament ( [[#Nachmany--2017|Nachmany et al., 2017]] ).

National climate change laws are important for transposing ratified international commitments into domestic regimes, such as the Paris Agreement and the Convention on Biodiversity, as well as voluntary agreements such as the Sendai Framework for Disaster Risk Reduction. In turn, the enactment of domestic laws can yield useful experiences and foster engagements that positively influence and support the development of international commitments ( [[#Townshend--2013|Townshend and Matthews, 2013]] ; [[#Mehling--2015|Mehling, 2015]] ). Strong and consistent regulatory frameworks also support the flow of climate finance to developing countries that have such frameworks ( [[#Nachmany--2017|Nachmany et al., 2017]] ). The successful implementation of national and sub-national climate change and related policies and strategies are often contingent upon the underlying legislative framework empowering, mandating or guiding their review, implementation and enforcement ( [[#Averchenkova--2017|Averchenkova and Matikainen, 2017]] ; [[#Scotford--2017|Scotford et al., 2017]] ) ( ''medium confidence'' ).

Existing legal systems also pose potential barriers to adaptation, as described in [[IPCC:Wg2:Chapter:Chapter-9|Chapter 9]] (Africa) and [[IPCC:Wg2:Chapter:Chapter-8|Chapter 8]] (Poverty, Livelihoods and Sustainable Development). Laws may reinforce governance arrangements and regulations that do not support responses to climate change, and exacerbate existing vulnerabilities and inequalities (Craig, 2010; [[#Arnold--2013|Arnold and Gunderson, 2013]] ; [[#Wenta--2019|Wenta et al., 2019]] ). In such cases, laws may require review and revision or replacement, and at the same be written in ways that foster adaptive management (Craig, 2010; [[#Ruhl--2010|Ruhl, 2010]] ; [[#Cosens--2017|Cosens et al., 2017]] ).

Even though there is no agreed definition of or typology for climate change laws ( [[#Mehling--2015|Mehling, 2015]] ), studies have tended to classify climate change laws as being ‘framework’ or ‘sectoral’ (see Table 17.5 for examples). Framework laws offer a comprehensive, unifying basis for climate change policy, addressing multiple aspects or areas of climate change mitigation or adaptation (or both) in a holistic and overarching manner ( [[#Townshend--2011|Townshend et al., 2011]] ; [[#Fankhauser--2014|Fankhauser et al., 2014]] ; [[#Nachmany--2015|Nachmany et al., 2015]] ; [[#Clare--2017b|Clare et al., 2017b]] ); they are powerful levers for setting national and sub-national agendas, creating climate change institutional structures, enabling policy implementation and driving the passage of additional sectoral legislation and regulations ( [[#Clare--2017b|Clare et al., 2017b]] ). Prior to 2010, national framework laws tended to have a mitigation focus, while more recent laws or amendments thereto have an increased adaptation focus ( [[#Rumble--2019b|Rumble, 2019b]] ). No evidence indicates whether general or specific framework laws yield better outcomes; however, reviews of more recent examples of framework laws in Africa suggest a trend towards more specificity in the required content of adaptation strategies and duties ( [[#Rumble--2019b|Rumble, 2019b]] ).

A sectoral approach to climate change legislation grafts climate-related provisions into existing laws, such as environmental impact assessment, flood insurance and infrastructure planning, collectively creating an aggregated legal landscape ( [[#Townshend--2011|Townshend et al., 2011]] ; [[#Gerrard--2012|Gerrard and Fischer, 2012]] ; [[#Nachmany--2015|Nachmany et al., 2015]] ; [[#Scotford--2017|Scotford et al., 2017]] ; [[#Rumble--2019a|Rumble, 2019a]] ). This approach is particularly relevant to adaptation challenges which intersect with numerous bodies of law that are dedicated to other societal concerns ( [[#Gerrard--2012|Gerrard and Fischer, 2012]] ). However, integrating such considerations can be challenging in certain areas of law, particularly those relating to property rights, water rights and endangered species protection ( [[#Gerrard--2012|Gerrard and Fischer, 2012]] ). The incorporation of adaptive management principles (including monitoring, periodic evaluation, and response modification) within existing laws can enhance their enabling role and foster greater resilience ( [[#Godden--2012|Godden, 2012]] ; [[#Arnold--2013|Arnold and Gunderson, 2013]] ; [[#McDonald--2014|McDonald and Styles, 2014]] ).

The legal regime for adaptation is too embryonic for assessment of good practice design and content, although similarities can be seen in the framework laws and draft bills across several countries. Some studies highlight the importance of domestic ‘whole of legal system’ analysis prior to development of modifying law. This can identify the range of existing legislative instruments that can directly intersect with climate change, along with related contextual factors such as national circumstances, governance frameworks, and political and economic realities as well as national administrative culture ( [[#Scotford--2017|Scotford et al., 2017]] ). This helps any new climate change laws to be absorbed into, and harmonise with, the established legal system of each country ( [[#Scotford--2017|Scotford et al., 2017]] ). Efforts are underway to assist countries in such assessments and the identification of areas for legislative reform, for example through the Commonwealth and UN Environment’s Law and Climate Change Toolkit. Similarly, databases such as the Grantham Research Institute on Climate Change and the Environment and the Sabin Center on Climate Change Law are expanding the knowledge base of national climate legislation developments.

'''Table 17.5 |''' Selected examples of framework and sectoral law approaches adopted by different nations that represent a variety of regional contexts.

{| class="wikitable"
|-
! Example

! Legal approach

! Description

! References

|-
| United Kingdom Climate Change Act 2008

| Framework

| Provides for development of climate change impact reports and programmes for adaptation. Dedicated institutional structure with advisory body, adaptation planning provision, reporting/information obligations, climate change mainstreaming, climate change trusts or financial arrangements.

| Averchenkova et al. (2021)

|-
| Kenya Climate Change Act 2016

| Framework

| Modelled on the United Kingdom Climate Change Act. Provides for development of climate change impact reports and programmes for adaptation. Dedicated institutional structure with advisory body, adaptation planning provision, reporting/information obligations, climate change mainstreaming, climate change trusts or financial arrangements.

| [[#Rumble--2019b|Rumble (2019b)]]

|-
| Mexican General Law on Climate Change 2012

| Framework

| Imposes positive duties upon government to implement ‘adaptation actions’—conservation, sustainable use and rehabilitation of beaches and coasts; water programmes for watersheds; the establishment of protected areas and biological corridors; the development of risk atlases; human settlement and urban development programmes; and prevention programmes targeting diseases exacerbated by climate change. Includes development of economic instruments, including fiscal incentives, credits, bonds, civil liability insurance and market-based instruments.

| Averchenkova and Guzman Luna (2018)

|-
| New Zealand Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

| Sectoral

| Incorporates adaptive management principles by regulating the issuance of marine consents with conditions allowing change based on ecological change and indicators.

| [[#Godden--2012|Godden (2012)]]

|-
| Seychelles Conservation and Climate Adaptation Trust of Seychelles Act 18 of 2015

| Sectoral

| Provides for the establishment of a dedicated trust fund for conservation measures and climate change adaptation measures.

| [[#Etongo--2021|Etongo et al. (2021)]]

|-
| Commonwealth of Dominica Climate Resilience Act 16 of 2018

| Sectoral

| Promotes disaster recovery and resilience building. Establishes the Dominica Climate Resilience Policy Board and sets out its functions and duties. Requires the development of a Climate Resilience and Recovery Plan.

| [[#Government%20of%20the%20Commonwealth%20of%20Dominica--2018|Government of the Commonwealth of Dominica (2018)]]

|-
| Swedish National Strategy for Climate Change Adaptation (Government Proposition 2017/18:163)

| Sectoral

| Amends Sweden’s Planning and Building Act (2010: 900) by requiring municipalities to assess the risk of damage to the built environment from climate risks as well as how such risks may change in the future; requires detailed plans for measures to address land permeability when issuing a land permit; adopts the Swedish National Climate Strategy into law.

| [[#Government%20of%20Sweden--2017|Government of Sweden (2017)]]

|-
| Argentinian Glaciers Preservation Law N 32.016 (2010)

| Sectoral

| Provides for minimum budgets to protect the national glacial water sources that supply the Mendoza oasis. Establishes that all of Argentina’s glaciers and its periglacial environment are to be protected, irrespective of size.

| [[#Warner--2019|Warner et al. (2019)]]

|-
| Netherlands Delta Act on Water Safety and Fresh Water Supply

| Sectoral

| Protects the Netherlands from risks such as sea level rise and extreme rainfall. Establishes a Delta Programme to secure fresh water supply and address climate risks/sea level rise; a Delta Fund to operate the programme and a commissioner.

| [[#Van%20Alphen--2016|Van Alphen (2016)]]

|}

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