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Special Issue: Legal pluralism

Bavinck, Maarten, Joyeeta Gupta (editors). 2014. Special Issue: Legal pluralism. Current Opinion in Environmental Sustainability, 11: 1-94.

Abstract

As the Millennium Development Goals are being replaced by Sustainable Development Goals, and we move towards a world that tries to govern global through to local challenges in a comprehensive manner, it becomes important to ask what are the key governance challenges of the 21st century. We argue in this Special Issue that globalization has brought together disparate actors who try to identify goals, norms and rules for sustainably governing our planet. In doing so, these disparate actors frequently end up with developing diverging rule systems at the same level of governance; in addition their new rule systems clash with existing rule-systems at local and customary levels. The scholarship on legal pluralism, which has generally focused on understanding local, customary law as it is challenged, ignored and even marginalized by newer rule systems, has much richness of knowledge to offer to those who wish to understand how the global system can be governed sustainably. Hence this Special Issue has focused on Legal Pluralism, linking this where necessary with theories of Interactive Governance, Administrative Law, Legal Fragmentation and Public Private Partnership.

Table of Contents

Bavinck, Maarten, Joyeeta Gupta. 2014. Editorial overview: Legal pluralism, governance and aquatic resources. Current Opinion in Environmental Sustainability, 11:v-vi.

Bavinck, Maarten, Joyeeta Gupta. 2014. Legal pluralism in aquatic regimes: a challenge for governance. Current Opinion in Environmental Sustainability, 11:78-85.

Roth, Dik. 2014. Environmental sustainability and legal plurality in irrigation: the Balinese subak. Current Opinion in Environmental Sustainability, 11:1-9.

Scholtens, Joeri, Maarten Bavinck. 2014. Lessons for legal pluralism: investigating the challenges of transboundary fisheries governance. Current Opinion in Environmental Sustainability, 11:10-18.

Sosa, Milagros, Margreet Zwarteveen. 2014. The institutional regulation of the sustainability of water resources within mining contexts: accountability and plurality. Current Opinion in Environmental Sustainability, 11:19-25.

Gupta, Joyeeta, Antoinette Hildering, Daphina Misiedjan. 2014. Indigenous people’s right to water under international law: a legal pluralism perspective. Current Opinion in Environmental Sustainability, 11:26-33.

Rusca, Maria, Klaas Schwartz. 2014. Going with the grain’: accommodating local institutions in water governance. Current Opinion in Environmental Sustainability, 11:34-38.

Conti, Kirstin I., Joyeeta Gupta. 2014. Protected by pluralism? Grappling with multiple legal frameworks in groundwater governance. Current Opinion in Environmental Sustainability, 11:39-47.

Parlee, Courtenay E, Melanie G Wiber. 2014. Institutional innovation in fisheries governance: adaptive co-management in situations of legal pluralism. Current Opinion in Environmental Sustainability, 11:48-54.

Boelens, Rutgerd, Jeroen Vos. 2014. Legal pluralism, hydraulic property creation and sustainability: the materialized nature of water rights in user-managed systems. Current Opinion in Environmental Sustainability, 11:55-62.

Obani, Pedi, Joyeeta Gupta. 2014. Legal pluralism in the area of human rights: water and sanitation. Current Opinion in Environmental Sustainability, 11:63-70.

Jentoft, Svein, Maarten Bavinck. 2014. Interactive governance for sustainable fisheries: dealing with legal pluralism. Current Opinion in Environmental Sustainability, 11:71-77.

Gupta, Joyeeta, Maarten Bavinck. 2014. Towards an elaborated theory of legal pluralism and aquatic resources. Current Opinion in Environmental Sustainability, 11:86-93.

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