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The European Commission White Paper on adaptation: appraising its strategic success as an instrument of soft law

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  • Magali Dreyfus
  • Anthony Patt

Abstract

The European Union took its first strategic step on the topic of climate adaptation in 2009 with publication of a White Paper on Adaptation. Since its publication, many researchers and analysts have criticized the White Paper for its lack of concrete and enforceable actions. In this paper, we analyse the White Paper as an instrument of soft law. First, we provide background on the theory of soft law, its terms of applicability, and the standards by which to judge its success. Second, we analyse the content and context of the White Paper according to soft law principles. We find that the conditions under which the White Paper was adopted were exactly those suited to a soft law approach and highly determined by the European multi-level governance context. As such, the White Paper has managed to achieve several of the common objectives of soft law in particular in setting up processes allowing information-sharing and subsidiarity. However it has failed to achieve several others especially in fostering the commitment of the states, and in moving the European Union in the direction of binding regulation. Further strategy development will be required to fix these deficiencies. Copyright Springer Science+Business Media B.V. 2012

Suggested Citation

  • Magali Dreyfus & Anthony Patt, 2012. "The European Commission White Paper on adaptation: appraising its strategic success as an instrument of soft law," Mitigation and Adaptation Strategies for Global Change, Springer, vol. 17(8), pages 849-863, December.
    • Handle: RePEc:spr:masfgc:v:17:y:2012:i:8:p:849-863
    DOI: 10.1007/s11027-011-9348-0
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    1. Moravcsik, Andrew, 1991. "Negotiating the Single European Act: national interests and conventional statecraft in the European Community," International Organization, Cambridge University Press, vol. 45(1), pages 19-56, January.
    2. Jon Birger Skjærseth & Olav Schram Stokke & Jørgen Wettestad, 2006. "Soft Law, Hard Law, and Effective Implementation of International Environmental Norms," Global Environmental Politics, MIT Press, vol. 6(3), pages 104-120, August.
    3. Michelle Cini, 2000. "From Soft Law to Hard Law?: Discretion and Rule-making in the Commission's State Aid Regime," EUI-RSCAS Working Papers 35, European University Institute (EUI), Robert Schuman Centre of Advanced Studies (RSCAS).
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    1. George A. Gonzalez, 2016. "Transforming Energy: Solving Climate Change with Technology Policy . New York : Cambridge University Press . 360 pages. ISBN 9781107614970, $29.99 paperback. Anthony Patt , 2015 ," Review of Policy Research, Policy Studies Organization, vol. 33(1), pages 111-113, January.

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