ABSTRACT
Managed retreat is a last resort measure in case other measures to combat climate change and its consequences are failing. It is often seen as a type of adjustment to climate change, and thus is at the most extreme end of an adaptation spectrum beginning with protective measures, followed by accommodation to changing circumstances and ending with forced relocation. It results in people loosing their land and homes, because of a (near) disaster resulting from climate change, or otherwise being forced to stay living on land and in homes under stressful and risky conditions. Managed retreat is more than just evacuation. It is also about permanently relocating people to places where already other people live, who own land and buildings. Retreat also requires settlement management, resulting in a conflict of interest between those who have to leave their property and those who are confronted with others looking for a place to live. Traditional concepts of ownership, as they were formulated against a 19th century background where climate change was an unimaginable idea, do not really function here …
van Erp, Sjef, The Future of Private Law between Sustainability Challenges and the Digital Revolution. ‘Managed Retreat’ and Digital Assets as Examples (July 6, 2023).
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