The rule of law in governance of complex socio-ecological changes

Abstract

This article discusses the impact of the rule of law on the resilience of societies for governing complex socio-ecological changes. It concludes that the notions of the rule of law and legal certainty have changed, and that they can be compatible with the use of framework laws of a rather open-textured character, provided certain legal safeguards, such as the right to a legal review, are at hand. While legal certainty is an important virtue of law, it does not as such necessarily prevent adequate flexibility in administrative decision-making concerning health, the environment or the use of natural resources. The article also considers to what extent certain established administrative means of control in the field of environment protection and the use of natural resources match the findings and proposals, e.g. on flexibility and adaptability, provided by resilience research. Finally the article discusses the impact of state sovereignty on governance of large-scale socio-ecological changes, with reach across state borders. It concludes that, despite some attempts of softening the impact of state borders in transboundary environmental decision-making and management, state sovereignty still hampers multilevel governance and management of resources in such contexts.