Law for nature-based solutions: designing eco-legal systems for ecosystem-based adaptation in the Brazilian coastal zone

<p dir="ltr">Coastal zones are increasingly vulnerable to the impacts of climate change, necessitating effective adaptation strategies. Ecosystem-based Adaptation (EbA) has emerged as a promising approach to coastal adaptation. However, integrating EbA into legal frameworks remains a critical challenge, particularly in coastal areas like Florianópolis, Santa Catarina, Brazil.</p><p dir="ltr">This thesis investigates how legal systems can better support ecosystem-based approaches to climate adaptation in coastal areas. Drawing on ecological law theory, the study combines doctrinal legal and autoethnographic research methods to explore the potential to integrate an ecocentric legal perspective in the planning and implementation of EbA initiatives in Florianópolis.</p><p dir="ltr">As a resident of Florianópolis for over 20 years, working as an environmental lawyer, I have seen how the impacts of climate change challenge existing laws and policies, and have observed instances of maladaptation that exacerbate societal conflicts. While Brazilian law currently adopts an anthropocentric approach to coastal management, key instruments in international environmental law (such as the Convention on Biological Diversity (CBD) and the United Nations Framework Convention on Climate Change (UNFCCC) have emphasised the importance of EbA. However, the need for EbA is not yet reflected in many national legal systems, including Brazil's coastal legal framework.</p><p dir="ltr">This thesis addresses this gap in law and practice by proposing a transition to an ecocentric approach to coastal law in order to better support the implementation of EbA in practice. It uses ecological law theory to develop a framework for assessing coastal legal systems to determine their potential to support EbA, and to identify opportunities to reform the legal system to better support future adaptation needs in the coastal zone. </p><p dir="ltr">Through analysis of select aspects of the Brazilian legal system affecting Florianópolis (including biodiversity, urban planning, and climate law and policy), the thesis identifies fragmentation of coastal management and property-centric approaches as obstacles to effective implementation of EbA. By applying the proposed framework, legal reforms can be enacted to overcome these barriers and facilitate the integration of EbA into coastal adaptation strategies. While this research offers context-specific insights, it can be further refined to inform evaluation of legal systems and coastal adaptation in other cities, and therefore enhance the resilience of coastal communities to the impact of climate change.</p>