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Resilientes Klimarecht

Patrick Hilbert


Resilience thinking becomes more and more common in legal scholarship and legal practice. However, most resilience approaches take as a basis that the resilience of the law has to prove itself under exceptional circumstances. In this paper I argue that regarding climate law things are a bit different. The notion ‘climate law’ refers to those legal norms which purpose is to slow down the climate change and to those which purpose is to promote the adaptation to climate change. Climate law faces a lack of compliance and other challenges not only under exceptional circumstances but especially under normal conditions. Based on that observation I present and assess several strategies to enhance the resilience of climate law.

Prof. Dr. Patrick Hilbert, Direktor des Instituts für Umwelt- und Planungsrecht der Universität Münster sowie Mitherausgeber der EurUP.

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