Climate change, biodiversity loss and environmental pollution are urgent problems that call for close collaboration between lawyers and scientists. Dr Hilde Woker and Dr Jason Rudall, both Assistant Professors at Leiden University, are investigating the important interface between law and science.
Hilde Woker and Jason Rudall were puzzled by the lack of interaction between the two areas of expertise. 'It surprised us,' explains Dr Rudall, 'that there was so little attention for each other's research. Especially given there is so much emphasis on climate change, pollution and biodiversity loss at the moment.' One of the areas in which the law can play a role is in the management and protection of fresh water and salt water. Against this backdrop, the 'H2OLAW - Law-science interfaces within the law of the sea and fresh water law' project was launched.
Connected waters, separate worlds
From an ecological perspective, fresh water and salt water are closely linked. Rivers flow into the sea, but legal experts specialised in fresh water law often do not deal with the law of the sea, and vice versa. Dr Woker observes that 'we can actually learn a lot from each other, both from an ecological and a legal perspective. Law already deals with a huge amount of scientific information, though that interaction could be improved. As researchers, we're therefore exploring the extent to which the existing legal framework refers and responds to scientific information such as fisheries data, climate data and geological information on the seabed.'
Law of the sea has established a legal definition for the continental shelf, but it would raise a few eyebrows among ocean scientists
Fresh water law and law of the sea are treated as separate worlds; separate from each other and separate from the world of natural sciences, even though the advantages of closer interaction are numerous. A good example is the continental shelf. Dr Woker continues: 'Law of the sea has established a legal definition for the continental shelf, but if you were to present that definition to ocean scientists, it would raise a few eyebrows. Their definition of the continental shelf does not correspond with how it is set out in the law of the sea.'
'This shows how, when a lawyer thinks about the ocean, perhaps they should start by visualising an ecosystem rather than succumbing to the tendency to designate a zone based on arbitrary agreements during treaty negotiations,' Dr Woker says. 'In reality, you examine fish stocks as a whole, the habitat, water pressure, food sources, hunting grounds. If you consider all of these factors when drawing up legal rules, you'll achieve your goal more effectively.'
New scientific findings and climate change
Fresh water and salt water are not ecologically separate domains, however. They literally flow into each other. Due to climate change and rising sea levels, it's more important than ever to study bodies of water holistically. Biologists, oceanographers and geographers are constantly making discoveries about the ocean, and their knowledge is becoming increasingly important in law-making. Dr Rudall says 'the question is how can we craft our legal framework so that it better responds to scientific reality?'
It's becoming clear that even more scientific knowledge is required in the design and application of legal norms
Dr Woker gives the example of deep seabed mining to show how scientific knowledge plays an increasing role in shaping regulations. 'It's becoming clear that even more scientific knowledge is required in the design and application of legal norms. The traditional rules of the law of the sea and environmental law no longer align with today's expertise on environmental damage.'
H2OLAW launch
The launch of the 'H2OLAW - Law-science interfaces within the law of the sea and fresh water law' research project was marked by a conference in Leiden at the end of September. This event saw legal experts from across the globe come together to participate in panel discussions.
For Hilde Woker and Jason Rudall, the conference represented a starting point to bring together researchers from both areas of law and establish a strong network. Dr Rudall said: 'One of the main goals of our research project was to build a community of researchers who, in their own way, all focus on law-science interactions in the regulation of water bodies, whether fresh or salt water.'
Dr Rudall continues: 'This set-up proved successful. We now have a basis for future and more intensive dialogue and interaction. Moreover, we also want to generate impact beyond the law, among policymakers, diplomats, government officials, and those in the private sector, for example.'
Our goal is really to build a community of researchers
Dr Woker adds: 'Our project really has two intended outputs. First, the practical side: lawyers and institutions working in practice to regulate water bodies. But also the academic side. Our goal is really to build a community of researchers to increase interaction between two legal disciplines that before were operating as silos. This will hopefully improve the relevance and quality of academic outputs.'
Relevance to climate change
This research is particularly relevant given the increasing legal developments relating to climate change at international courts and tribunals. The International Tribunal for the Law of the Sea recently published an advisory opinion on climate change. In December 2024, the International Court of Justice in The Hague will also have hearings in the context of its expected advisory opinion on climate change. Lastly, the research aligns with Leiden University's strategic goal to contribute to a sustainable society.
Through their research, Hilde Woker and Jason Rudall hope to achieve better interaction between the law and natural sciences so that the law can respond more effectively to the challenges associated with climate change and environmental protection.
Jan-Willem Oomen
Photo by Rafael Hoyos Weht on Unsplash
