Beach law in the anthropocene
Year: 2026
Type: article
Abstract: There is an urgent need to respond to the challenges of the Anthropocene, including climate change and sea-level rise. However, responses can be challenged by legal and institutional frameworks. In the context of sea-level rise, ownership structures for beaches and coastal areas can either facilitate or hinder effective responses. In this paper, we analyse ownership laws for beaches and coastal areas across many of the world's legal traditions. We find that laws relating to the coast are dominated by a focus on the protection of private property rights and economic interests over that of environmental and Indigenous values, although public rights, such as access, present a more mixed picture, with arguably stronger protections in civil law jurisdictions. Legislators can redesign entrenched traditions through focusing on the systemic implications of their decisions. To enable the transformations required to address the challenges of the Anthropocene, reconstruction of what ‘ownership’ means (private and public) will need to be underpinned by a future-oriented set of legal principles based on notions of environmental justice.
Source: Ocean & Coastal Management
Institutions: The University of Queensland, UNSW Sydney, Southern Cross University, University of Salento, Flinders University, Christchurch City Council, Université Paris-Panthéon-Assas, Centre National de la Recherche Scientifique, Centre d’Etudes et de Recherches de Sciences Administratives et Politiques, Université Panthéon-Assas, University of Glasgow, Shanghai Maritime University
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $4,350
OpenAlex ID: W7159979457
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