Why did we undertake this study?
Adaptive management is considered a valuable approach for managing complex and uncertain social-ecological systems. However, many obstacles hamper its implementation. Law is often seen as a barrier to adaptive management practice, but there is no synthesis of the legal constraints or how to overcome them.
How was it done?
We conducted a systematic literature review to examine the relationship between adaptive management and law. The literature sample (80 publications) was classified according to thematic categories (eg geographic context and main environmental concern). Through thematic coding, passages of text from publications were linked by common themes and ideas.
What did we find?
Scholarship addressing adaptive management and law has grown over recent years.
We found:
- Most literature (64%) had the United States as the geographical focus.
- Water management and biodiversity have received more attention than other fields of research, such as coastal management and fisheries.
- Primary data collection (e.g. interviews and surverys) is rarely undertaken (only 14% of literature) in studies examining the relationship between adaptive management and law.
Stationarity, certainty and finality are values adopted in law that hinder flexibility. Increasing legal flexibility has been suggested to allow for adaptive management.
Implications
Overall, coupling adaptive management and law depends on balancing legal certainty and legal flexibility. Further research is needed to investigate this interplay, particularly in jurisdictions outside the United States. Research in developing countries and comparative studies could provide additional insight and improve knowledge of the role of law in adaptive management practice.
Learn more
The full paper is available from: https://doi.org/10.5751/ES-10060-230223
Citation: Frohlich, MF, Jacobson, C, Fidelman, P, Smith, TF, 2018. The relationship between adaptive management of social-ecological systems and law: a systematic review. Ecology and Society 23(2):23.
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Acknowledgements
This research was supported by the Australian Government through the Australian Research Council Discovery Projects Funding Scheme (Project FT180100652) and a Research Training Program (RTP) scholarship. This work contributes to Future Earth Coasts, a Global Research Project of Future Earth. The views expressed herein are those of the authors and are not necessarily those of the Australian Government, Australian Research Council or Future Earth Coasts