Increased water variability is one of the most pressing challenges presented by global climate change. A warmer atmosphere will hold more water and will result in more frequent and more intense El Niño events. Domestic and international water rights regimes must adapt to the more extreme drought and flood cycles resulting from these phenomena.
Laws that allocate rights to water, both at the domestic level between water users and at the international level between nations sharing transboundary water sources, are frequently rigid governance systems ill-suited to adapt to a changing climate. Often, water laws allocate a fixed quantity of water for a certain type of use. At the domestic level, such rights may be considered legally protected private property rights or guaranteed human rights. At the international level, such water allocation regimes may also be dictated by human rights, as well as concerns for national sovereignty. These legal considerations may ossify water governance and inhibit water managers’ abilities to alter water allocations in response to changing water supplies. To respond to water variability arising from climate change, such laws must be reformed or reinterpreted to enhance their adaptive capacity. Such adaptation should consider both intra-generational equity and inter-generational equity.
One potential approach to reinterpreting such water rights regimes is a stronger emphasis on the public trust doctrine. In many nations, water is a public trust resource, owned by the state and held in trust for the benefit of all citizens. Rights to water under this doctrine are merely usufructuary—a right to make a limited use of a specified quantity of water subject to governmental approval. The recognition and enforcement of the fiduciary obligation of water governance institutions to equitably manage the resource, and characterization of water rights as usufructuary, could introduce needed adaptive capacity into domestic water allocation laws. The public trust doctrine has been influential even at the international level, and that influence could be enhanced by recognizing a comparable fiduciary obligation for inter-jurisdictional institutions governing international transboundary waters.
Legal reforms to facilitate water markets may also introduce greater adaptive capacity into otherwise rigid water allocation regimes. Water markets are frequently inefficient for several reasons, including lack of clarity in water rights, externalities inherent in a resource that ignores political boundaries, high transaction costs arising from differing economic and cultural valuations of water, and limited competition when water utilities are frequently natural monopolies. Legal reforms that clarify property rights in water, specify the minimum quantity, quality, and affordability of water to meet basic human needs and environmental flows, and mandate participatory and transparent water pricing and contracting could allow greater flexibility in water allocations through more efficient and equitable water markets.
Article
Global Climate Change and the Reallocation of Water
Rhett B. Larson
Article
History of Ecological Design
Lydia Kallipoliti
The term ecological design was coined in a 1996 book by Sim van der Ryn and Stewart Cowan, in which the authors argued for a seamless integration of human activities with natural processes to minimize destructive environmental impact. Following their cautionary statements, William McDonough and Michael Braungart published in 2002 their manifesto book From Cradle to Cradle, which proposed a circular political economy to replace the linear logic of “cradle to grave.” These books have been foundational in architecture and design discussions on sustainability and establishing the technical dimension, as well as the logic, of efficiency, optimization, and evolutionary competition in environmental debates. From Cradle to Cradle evolved into a production model implemented by a number of companies, organizations, and governments around the world, and it also has become a registered trademark and a product certification.
Popularized recently, these developments imply a very short history for the growing field of ecological design. However, their accounts hark as far back as Ernst Haeckel’s definition of the field of ecology in 1866 as an integral link between living organisms and their surroundings (Generelle Morphologie der Organismen, 1866); and Henry David Thoreau’s famous 1854 manual for self-reliance and living in proximity with natural surroundings, in the cabin that he built at Walden Pond, Massachusetts (Walden; or, Life in the Woods, 1854).
Since World War II, contrary to the position of ecological design as a call to fit harmoniously within the natural world, there has been a growing interest in a form of synthetic naturalism, (Closed Worlds; The Rise and Fall of Dirty Physiology, 2015), where the laws of nature and metabolism are displaced from the domain of wilderness to the domain of cities, buildings, and objects. With the rising awareness of what John McHale called disturbances in the planetary reservoir (The Future of the Future, 1969), the field of ecological design has signified not only the integration of the designed object or space in the natural world, but also the reproduction of the natural world in design principles and tools through technological mediation. This idea of architecture and design producing nature paralleled what Buckminster Fuller, John McHale, and Ian McHarg, among others, referred to as world planning; that is, to understand ecological design as the design of the planet itself as much as the design of an object, building, or territory. Unlike van der Ryn and Cowan’s argumentation, which focused on a deep appreciation for nature’s equilibrium, ecological design might commence with the synthetic replication of natural systems.
These conflicting positions reflect only a small fraction of the ubiquitous terms used to describe the field of ecological design, including green, sustain, alternative, resilient, self-sufficient, organic, and biotechnical. In the context of this study, this paper will argue that ecological design starts with the reconceptualization of the world as a complex system of flows rather than a discrete compilation of objects, which visual artist and theorist György Kepes has described as one of the fundamental reorientations of the 20th century (Art and Ecological Consciousness, 1972).
Article
International Environmental Conventions on Biodiversity
Matti Nummelin and Niko Urho
Conservation and sustainable use of biodiversity have been in the center of policy creation for half a century. The main international biodiversity conventions and processes include the Convention on Biological Diversity (CBD) and its protocols, the Convention on Trade in Endangered Species of Wild Fauna and Flora (CITES), the Convention on Wetlands of International Importance (Ramsar Convention), the World Heritage Convention (WHC), the Convention on Conservation of Migratory Species of Wild Animals (CMS), the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), the International Plant Protection Convention (IPPC), the Commission on Genetic Resources for Food and Agriculture (CGRFA), and the International Convention on the Regulation of Whaling (ICRW). The governance of marine biodiversity in areas beyond national jurisdiction (BBNJ) is also discussed, as political focus has shifted to the protection of the oceans and is expected to culminate in the adoption of a new international convention under the United Nations Convention on Law of Seas (UNCLOS). Other conventions and processes with links to biodiversity include the United Nations Convention to Combat Desertification (UNCCD), the United Nations Framework Convention on Climate Change (UNFCCC), and the United Nations Forum on Forests (UNFF).
Despite the multitude of instruments, governments are faced with the fact that biodiversity loss is spiraling and international targets are not being met. The Earth’s sixth mass extinction event has led to various initiatives to fortify the relevance of biodiversity in the UN system and beyond to accelerate action on the ground. In face of an ever more complex international policy landscape on biodiversity, country delegates are seeking to enhance efficiency and reduce fragmentation by enhancing synergies among multilateral environmental agreements and strengthening their science−policy interface. Furthermore, biodiversity has been reflected throughout the 2030 Agenda on Sustainable Development and is gradually gaining more ground in the human rights context. The Global Pact for the Environment, a new international initiative that is aiming to reinforce soft law commitments and increase coherence among environmental treaties, holds the potential to influence and strengthen the way biodiversity conventions function, but extensive discussions are still needed before concrete action is agreed upon.
Article
Environmental Impacts of Tropical Soybean and Palm Oil Crops
Kimberly M. Carlson and Rachael D. Garrett
Oil crops play a critical role in global food and energy systems. Since these crops have high oil content, they provide cooking oils for human consumption, biofuels for energy, feed for animals, and ingredients in beauty products and industrial processes. In 2014, oil crops occupied about 20% of crop harvested area worldwide. While small-scale oil crop production for subsistence or local consumption continues in certain regions, global demand for these versatile crops has led to substantial expansion of oil crop agriculture destined for export or urban markets. This expansion and subsequent cultivation has diverse effects on the environment, including loss of forests, savannas, and grasslands, greenhouse gas emissions, regional climate change, biodiversity decline, fire, and altered water quality and hydrology. Oil palm in Southeast Asia and soybean in South America have been identified as major proximate causes of tropical deforestation and environmental degradation. Stringent conservation policies and yield increases are thought to be critical to reducing rates of soybean and oil palm expansion into natural ecosystems. However, the higher profits that often accompany greater yields may encourage further expansion, while policies that restrict oil crop expansion in one region may generate secondary “spillover” effects on other crops and regions. Due to these complex feedbacks, ensuring a sustainable supply of oil crop products to meet global demand remains a major challenge for agricultural companies, farmers, governments, and civil society.
Article
The Impacts of Environmental Regulation on the U.S. Economy
Ann E. Ferris, Richard Garbaccio, Alex Marten, and Ann Wolverton
Concern regarding the economic impacts of environmental regulations has been part of the public dialogue since the beginning of the U.S. EPA. Even as large improvements in environmental quality occurred, government and academia began to examine the potential consequences of regulation for economic growth and productivity. In general, early studies found measurable but not severe effects on the overall national economy. Although price increases due to regulatory requirements outweighed the stimulative effect of investments in pollution abatement, they nearly offset one another. However, these studies also highlighted potentially substantial effects on local labor markets due to the regional and industry concentration of plant closures.
More recently, a substantial body of work examined industry-specific effects of environmental regulation on the productivity of pollution-intensive firms most likely to face pollution control costs, as well as on plant location and employment decisions within firms. Most econometric-based studies found relatively small or no effect on sector-specific productivity and employment, though firms were less likely to open plants in locations subject to more stringent regulation compared to other U.S. locations. In contrast, studies that used economy-wide models to explicitly account for sectoral linkages and intertemporal effects found substantial sector-specific effects due to environmental regulation, including in sectors that were not directly regulated.
It is also possible to think about the overall impacts of environmental regulation on the economy through the lens of benefit-cost analysis. While this type of approach does not speak to how the costs of regulation are distributed across sectors, it has the advantage of explicitly weighing the benefits of environmental improvements against their costs. If benefits are greater than costs, then overall social welfare is improved. When conducting such exercises, it is important to anticipate the ways in which improvements in environmental quality may either directly improve the productivity of economic factors—such as through the increased productivity of outdoor workers—or change the composition of the economy as firms and households change their behavior. If individuals are healthier, for example, they may choose to reallocate their time between work and leisure. Although introducing a role for pollution in production and household behavior can be challenging, studies that have partially accounted for this interconnection have found substantial impacts of improvements in environmental quality on the overall economy.
Article
Agricultural Subsidies and the Environment
Heather Williams
Worldwide, governments subsidize agriculture at the rate of approximately 1 billion dollars per day. This figure rises to about twice that when export and biofuels production subsidies and state financing for dams and river basin engineering are included. These policies guide land use in numerous ways, including growers’ choices of crop and buyers’ demand for commodities. The three types of state subsidies that shape land use and the environment are land settlement programs, price and income supports, and energy and emissions initiatives. Together these subsidies have created perennial surpluses in global stores of cereal grains, cotton, and dairy, with production increases outstripping population growth. Subsidies to land settlement, to crop prices, and to processing and refining of cereals and fiber, therefore, can be shown to have independent and largely deleterious effect on soil fertility, fresh water supplies, biodiversity, and atmospheric carbon.
Article
Sea Level Rise and Coastal Management
James B. London
Coastal zone management (CZM) has evolved since the enactment of the U.S. Coastal Zone Management Act of 1972, which was the first comprehensive program of its type. The newer iteration of Integrated Coastal Zone Management (ICZM), as applied to the European Union (2000, 2002), establishes priorities and a comprehensive strategy framework. While coastal management was established in large part to address issues of both development and resource protection in the coastal zone, conditions have changed. Accelerated rates of sea level rise (SLR) as well as continued rapid development along the coasts have increased vulnerability. The article examines changing conditions over time and the role of CZM and ICZM in addressing increased climate related vulnerabilities along the coast.
The article argues that effective adaptation strategies will require a sound information base and an institutional framework that appropriately addresses the risk of development in the coastal zone. The information base has improved through recent advances in technology and geospatial data quality. Critical for decision-makers will be sound information to identify vulnerabilities, formulate options, and assess the viability of a set of adaptation alternatives. The institutional framework must include the political will to act decisively and send the right signals to encourage responsible development patterns. At the same time, as communities are likely to bear higher costs for adaptation, it is important that they are given appropriate tools to effectively weigh alternatives, including the cost avoidance associated with corrective action. Adaptation strategies must be pro-active and anticipatory. Failure to act strategically will be fiscally irresponsible.
Article
Rethinking Conflict over Water
Scott M. Moore
It has long been accepted that non-renewable natural resources like oil and gas are often the subject of conflict between both nation-states and social groups. But since the end of the Cold War, the idea that renewable resources like water and timber might also be a cause of conflict has steadily gained credence. This is particularly true in the case of water: in the early 1990s, a senior World Bank official famously predicted that “the wars of the next century will be fought over water,” while two years ago Indian strategist Brahma Chellaney made a splash in North America by claiming that water would be “Asia’s New Battleground.” But it has not quite turned out that way. The world has, so far, avoided inter-state conflict over water in the 21st century, but it has witnessed many localized conflicts, some involving considerable violence. As population growth, economic development, and climate change place growing strains on the world’s fresh water supplies, the relationship between resource scarcity, institutions, and conflict has become a topic of vocal debate among social and environmental scientists.
The idea that water scarcity leads to conflict is rooted in three common assertions. The first of these arguments is that, around the world, once-plentiful renewable resources like fresh water, timber, and even soils are under increasing pressure, and are therefore likely to stoke conflict among increasing numbers of people who seek to utilize dwindling supplies. A second, and often corollary, argument holds that water’s unique value to human life and well-being—namely that there are no substitutes for water, as there are for most other critical natural resources—makes it uniquely conductive to conflict. Finally, a third presumption behind the water wars hypothesis stems from the fact that many water bodies, and nearly all large river basins, are shared between multiple countries. When an upstream country can harm its downstream neighbor by diverting or controlling flows of water, the argument goes, conflict is likely to ensue.
But each of these assertions depends on making assumptions about how people react to water scarcity, the means they have at their disposal to adapt to it, and the circumstances under which they are apt to cooperate rather than to engage in conflict. Untangling these complex relationships promises a more refined understanding of whether and how water scarcity might lead to conflict in the 21st century—and how cooperation can be encouraged instead.
Article
Risk Perception and Its Impacts on Risk Governance
Ortwin Renn, Andreas Klinke, Pia-Johanna Schweizer, and Ferdiana Hoti
Risk perception is an important component of risk governance, but it cannot and should not determine environmental policies. The reality is that people suffer and even die as a result of false information or perception biases. It is particularly important to be aware of intuitive heuristics and common biases in making inferences from information in a situation where personal or institutional decisions have far-reaching consequences. The gap between risk assessment and risk perception is an important aspect of environmental policy-making. Communicators, risk managers, as well as representatives of the media, stakeholders, and the affected public should be well informed about the results of risk perception and risk response studies. They should be aware of typical patterns of information processing and reasoning when they engage in designing communication programs and risk management measures. At the same time, the potential recipients of information should be cognizant of the major psychological and social mechanisms of perception as a means to avoid painful errors.
To reach this goal of mutual enlightenment, it is crucial to understand the mechanisms and processes of how people perceive risks (with emphasis on environmental risks) and how they behave on the basis of their perceptions. Based on the insights from cognitive psychology, social psychology, micro-sociology, and behavioral studies, one can distill some basic lessons for risk governance that reflect universal characteristics of perception and that can be taken for granted in many different cultures and risk contexts.
This task of mutual enlightenment on the basis of evidence-based research and investigations is constrained by complexity, uncertainty, and ambiguity in describing, assessing, and analyzing risks, in particular environmental risks. The idea that the “truth” needs to be framed in a way that the targeted audience understands the message is far too simple. In a stochastic and nonlinear understanding of (environmental) risk there are always several (scientifically) legitimate ways of representing scientific insights and causal inferences. Much knowledge in risk and disaster assessment is based on incomplete models, simplified simulations, and expert judgments with a high degree of uncertainty and ambiguity. The juxtaposition of scientific truth, on one hand, and erroneous risk perception, on the other hand, does not reflect the real situation and lends itself to a vision of expertocracy that is neither functionally correct nor democratically justified. The main challenge is to initiate a dialogue that incorporates the limits and uncertainties of scientific knowledge and also starts a learning process by which obvious misperceptions are corrected and the legitimate corridor of interpretation is jointly defined.
In essence, expert opinion and lay perception need to be perceived as complementing rather than competing with each other. The very essence of responsible action is to make viable and morally justified decisions in the face of uncertainty based on a range of scientifically legitimate expert assessments. These assessments have to be embedded into the context of criteria for acceptable risks, trade-offs between risks to humans and ecosystems, equitable risk and benefit distribution, and precautionary measures. These criteria most precisely reflect the main concerns revealed by empirical studies on risk perception. Political decision-makers are therefore well advised to collect both ethically justifiable evaluation criteria and standards and the best available systematic knowledge that inform us about the performance of each risk source or disaster-reduction option according to criteria that have been identified and approved in a legitimate due process. Ultimately, decisions on acceptable risks have to be based on a subjective mix of factual evidence, attitudes toward uncertainties, and moral standards.
Article
Ecosystem Services
Leon C. Braat
The concept of ecosystem services considers the usefulness of nature for human society. The economic importance of nature was described and analyzed in the 18th century, but the term ecosystem services was introduced only in 1981. Since then it has spurred an increasing number of academic publications, international research projects, and policy studies. Now a subject of intense debate in the global scientific community, from the natural to social science domains, it is also used, developed, and customized in policy arenas and considered, if in a still somewhat skeptical and apprehensive way, in the “practice” domain—by nature management agencies, farmers, foresters, and corporate business. This process of bridging evident gaps between ecology and economics, and between nature conservation and economic development, has also been felt in the political arena, including in the United Nations and the European Union (which have placed it at the center of their nature conservation and sustainable use strategies).
The concept involves the utilitarian framing of those functions of nature that are used by humans and considered beneficial to society as economic and social services. In this light, for example, the disappearance of biodiversity directly affects ecosystem functions that underpin critical services for human well-being. More generally, the concept can be defined in this manner: Ecosystem services are the direct and indirect contributions of ecosystems, in interaction with contributions from human society, to human well-being.
The concept underpins four major discussions: (1) Academic: the ecological versus the economic dimensions of the goods and services that flow from ecosystems to the human economy; the challenge of integrating concepts and models across this paradigmatic divide; (2) Social: the risks versus benefits of bringing the utilitarian argument into political debates about nature conservation (Are ecosystem services good or bad for biodiversity and vice versa?); (3) Policy and planning: how to value the benefits from natural capital and ecosystem services (Will this improve decision-making on topics ranging from poverty alleviation via subsidies to farmers to planning of grey with green infrastructure to combining economic growth with nature conservation?); and (4) Practice: Can revenue come from smart management and sustainable use of ecosystems? Are there markets to be discovered and can businesses be created? How do taxes figure in an ecosystem-based economy? The outcomes of these discussions will both help to shape policy and planning of economies at global, national, and regional scales and contribute to the long-term survival and well-being of humanity.
