/ Publications / Refining reflexive environmental law by nature and nurture : autonomy, accountability, and adjustability
Energy Union Law | Article
Refining reflexive environmental law by nature and nurture : autonomy, accountability, and adjustability
18 December 2024
Authors: ROSS, Violet; DE ALMEIDA, Lucila
Reflexive environmental law (REL) enables an understanding of how law builds potential for private company reflexivity. Reflexivity helps to avoid lock-in, and enhances learning and self-organization to resolve complex sustainability challenges. Thus far, REL theory has excluded traditional command-and-control regulation as a form of REL. This limits the potential of REL to understand how legislation can drive reflexivity and create more effective governance. Our framework expands the definition of REL and sets out six types of regulatory instrument found in legislation that may, or may not, constitute forms of REL. The framework comprises three reflexive drivers – autonomy, accountability, and adjustability – and, under these, eleven REL techniques. Through examples taken from European environmental legislation, we explain the drivers’ relationship with different regulatory instruments. This taxonomy empowers regulators and scholars to understand both the reflexive potential of regulatory instruments and the possibility to make instruments more reflexive in specific contexts.
In this article, we contribute to the legal scholarship on the interaction between EU data governance and electricity legislation, analysing the impact the Data Act could have on the sharing [...]
On 14 July 2021, the European Commission adopted a series of legislative proposals implementing its plan to achieve climate neutrality in the EU by 2050. These included an intermediate target [...]
This article provides a fresh, interdisciplinary perspective on the European Union’s electricity market design (EMD) reform. In policy as well as in law, much of the literature on the EMD [...]
Join our community
To meet, discuss and learn in the channel that suits you best.
We use cookies to help personalise content and provide a better experience. By clicking Accept all, you agree to this, as outlined in our Cookie Policy. To change preferences or withdraw consent, please update your Cookie Preferences.