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The Resource Management Act 1991 through external eyes
Mid Sweden University, Faculty of Science, Technology and Media, Department of Engineering, Physics and Mathematics.
2007 (English)In: New Zealand Journal of Environmental Law, ISSN 1174-1538, Vol. 11, 181-210 p.Article in journal (Refereed) Published
Abstract [en]

The Resource Management Act 1991 was drafted for sustainability and probably still reflects the state of the art as regards environmental legislation for sustainable development. Modern theory of environmental law methodology has to a high extent focused on implementation deficits based on the significance of law in rule of law countries and consequently on the concept of legal operationalisation of environmental goals (ultimately ecological sustainability). This not only puts, inter alia, balancing in a new light but also calls for systemic thinking and reconsideration of bottom-up approaches. What, then, is to be legally operationalised under the RMA and are there counterproductive functions, explicit or implicit, in it? This is discussed in depth, putting the RMA planning system at the centre and observing the lack of far-reaching substantive standards and obscurities as regards goals and means. The discussion reflects theory of environmental law methodology, systems theory, and the issue of non-linearity of ecosystems, also when the role of courts is elaborated.

Place, publisher, year, edition, pages
2007. Vol. 11, 181-210 p.
Keyword [en]
sustainable development, environmental law, control system, three filter theory
National Category
Other Environmental Engineering
Identifiers
URN: urn:nbn:se:miun:diva-6581Local ID: 5845OAI: oai:DiVA.org:miun-6581DiVA: diva2:31620
Available from: 2008-12-07 Created: 2008-12-07Bibliographically approved

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