SOCIO-ECOLOGICAL RESILIENCE OF THE AGRICULTURE LEGISLATION

Transcription

1 SOCIO-ECOLOGICAL RESILIENCE OF THE AGRICULTURE LEGISLATION

2 INITIAL REMARKS PhD project: early stages Analysis of the agriculture legislation in the light of socio-ecological resilience theory Multi-level governance Socio-ecological resilience approach What? Why? Coherence and conflicts - the CAP Denmark s approach - barriers Municipalities

3 THE CONCEPT OF SOCIO-ECOLOGICAL RESILIENCE A socio-ecological system Integrated systems of ecosystems and human society with reciprocal feedbacks and interdependence. The concept emphasizes the human-innature perspective (Folke et al, 2010) - Ecosystems are shaped by people - People need ecosystems and the services they provide (Stockholm Resilience Centre) Resilience: Capacity of a system to absorb disturbance and reorganize while undergoing change so as to still retain essentially the same function, structure, identity and feedbacks (Folke et al, 2010)

4 AGRICULTURE A SOCIO-ECOLOGICAL SYSTEM

5 SOCIO-ECOLOGICAL RESILIENCE APPROACH IN LAW What? 1) Flexibility in social systems and institutions to deal with change 2) Openness of institutions so as to provide for extensive participation 3) Effective multi-level governance 4) Social structures that promotes learning and adaptability without limiting options for future development. (Ebbesson & Hey, 2010)

6 SOCIO-ECOLOGICAL RESILIENCE APPROACH IN LAW Why? Ebbesson & Hey (2010): Legal structures, principles and processes as well as core concepts such as the rule of law impinge on the capacity of societies to manage ecosystems, withstand environmental degradation as well as economic shocks, rebuild and renew themselves afterwards. Law thus affect the resilience of socio-ecological systems positively or negatively resilience thinking in legal research is important In my opinion: - recognize the farmer s interaction with the surrounding ecosystem and the impact of the local environment. - sustainably managed ecosystem, - farmer s legal certainty - equal treatment (at EU-level) - justice (reasonable living)

7 SOCIO-ECOLOGICAL RESILIENCE IN THE CAP

8 SOCIO-ECOLOGICAL RESILIENCE IN THE CAP

9 SOCIO-ECOLOGICAL RESILIENCE IN THE CAP

10 HYPOTHESES A study of socio-ecological resilience in agricultural law in Denmark I) How is the direct payment rules flexible in order to promote socio-ecological resilience? Cross-compliance Including an assessment of the relationship between flexible regulation and the rule of law i.e. legal certainty for the farmers II) The Aarhus Convention s effect on opennes and participation in relation to agriculture

11 HYPOTHESES III) Multi-level governance effective? Nitrates, habitat, wild birds Convention of Biodiversity Direct Payment Rural development Cross-compliance Complexity? Enforcability? Municipalities

12 HYPOTHESES IIII) The effect of structural development in the agricultural sector Age distribution Sectoral economy under stress New liberalised ownership structures Economies of scale Industrial intensification Trust funds for citizens More extensive production (organic) Rents in stead of ownership

13 NOTIONS ON DK S POSITION IN REGARDS TO SOCIO- ECOLOGICAL RESILIENCE APPROACH Green organisations: Esben Lunde has thrown us out of the biopanel Government rejects (further) transfer of direct payment to green transition Opennes and participation?

14 THANK YOU FOR YOUR ATTENTION