Resilient self-help is essential in coping with life’s upsets. This essay explores the prospect of recognizing Resilience as a Principle of Law. The propositions set forth here were debated at two conferences held in Brasilia, in December of 2013. The first, for legislators, was convened in the Senate of Brazil by the National Congress’ Joint Permanent Committee on Climate Change, and the second, for judges, was convened by the Federal Judicial Council’s Judicial Studies Center (Conselho da Justiça Federal Centro de Estudos Judiciários) and the High Court of Brazil (Superior Tribunal de Justiça). This eJournal of the IUCN Academy of Environmental Law has emerged as a leader in exploring new principles of environmental law, such as the Principle of Non-Regression, framed by Prof. Michel Prieur. Just as courts have begun to recognize the Principle of Non-Regression, the welfare of both humans and nature requires recognition of Resilience. Many of the jurisprudential foundations for the legal Principle of Resilience are set forth by Lia Helena Monteiro de Lima Demange in her insightful recent article about the Principle.
Nicholas A. Robinson, The Resilience Principle, 5 IUCN Acad. Envtl. L. eJournal 19 (2014), http://digitalcommons.pace.edu/lawfaculty/953/.