Designing legislation for restoration: A comparative review of laws in the EU, Japan and California

Abstract There is an urgent need to scale up global restoration. This must be supported by facilitative legislative frameworks. However, there is scant literature considering the structure and content of such legislation, including from a comparative perspective. In this paper, we adopt a functionalist comparative approach to examine examples of restoration legislation at different governance scales (specifically, the EU, Japan and California). We highlight important differences in procedural and substantive components of the legislation, as well as differences in definitions of restoration and extent of engagement with international frameworks. We argue that an effective restoration framework should encompass substantive goals or objectives for restoration, supplemented by procedural mechanisms to facilitate restoration, such as regulatory permitting reform, or measures to coordinate government agencies. These features may need to be distributed across different levels of governance, as appropriate in the context of an individual country.

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Publication Details

Journal
Review of European Comparative & International Environmental Law
Published
2026-11-04
DOI
https://doi.org/10.1111/reel.70099
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
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article

Designing legislation for restoration: A comparative review of laws in the EU, Japan and California

Justine Bell‐James, Evan Hamman
Review of European Comparative & International Environmental Law
Environmental law and policy
article

Designing legislation for restoration: A comparative review of laws in the EU, Japan and California

Justine Bell‐James, Evan Hamman
article en

Abstract

Abstract There is an urgent need to scale up global restoration. This must be supported by facilitative legislative frameworks. However, there is scant literature considering the structure and content of such legislation, including from a comparative perspective. In this paper, we adopt a functionalist comparative approach to examine examples of restoration legislation at different governance scales (specifically, the EU, Japan and California). We highlight important differences in procedural and substantive components of the legislation, as well as differences in definitions of restoration and extent of engagement with international frameworks. We argue that an effective restoration framework should encompass substantive goals or objectives for restoration, supplemented by procedural mechanisms to facilitate restoration, such as regulatory permitting reform, or measures to coordinate government agencies. These features may need to be distributed across different levels of governance, as appropriate in the context of an individual country.

Review of European Comparative & International Environmental Law
The University of Queensland (AU), University of Canberra (AU)
Openalex Percentile: Top 5%
Environmental law and policy
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