WP3: Law and adaptive change / University of Lapland
In this WP we will study law’s capacity to support adaptive change.
Task 1: Building conceptual tools
The first task is to develop conceptual tools to analyse adaptiveness in law and ask what different theoretical meanings adaptive law may acquire. We will examine a broad set of domestic and European legal instruments relevant for the coordination and integration of land uses and related disputes, with particular emphasis on mining, tourism and forestry. This research then yields materials to develop our theoretical frame and to construct an understanding of the kind of adaptive and maladaptive elements and mechanisms that can be found in law. The result of the task will be a categorisation of features of law that promote or suppress the resilience and adaptive capacity of the region’s social and ecological system with special emphasis on mining and the livelihoods that depend on green infrastructure in the Arctic conditions.
Task 2: Case studies: Coordinating land uses and resolving disputes
This task explores the law relevant for the case areas in order to gain insights into how law performs in the coordination of land uses and in resolving disputes in practice. Specifically, we will develop an understanding of how the adaptive and maladaptive features of law identified in Task 1 affect legally framed decision-making. We start with an analysis of public decisions and documents to build up an understanding of legally relevant events and their interdependencies. Thereafter, we will interview some persons per case study area to ascertain their perceptions of the adaptive and maladaptive elements of law. Finally, we will conduct doctrinal analyses of the key legal issues. To provide insights from another jurisdiction, we will conduct a comparative case study in Canada. The Task will shed light on how law has, in practice, shaped the coordination of alternative land uses and the resolution of related disputes as well as on the role played by the adaptive or maladaptive features identified in Task 3.1.