Herman Kasper Gilissen
Reorganising coastal defence or creating more space for water is not something that can be done easily. But how can it be achieved? Professor of Climate Change, Regulation and Deltas, Herman Kasper Gilissen, is researching at Utrecht University and the Delta Climate Centre in Vlissingen how legal instruments can be used to make coastal areas climate-resilient in a fair and just way.
"What is the role of law in making coastal areas climate-resilient?"
What are you researching?
Last year, I started working on the project: how can law contribute to the development of a climate-resilient and sustainable Zeeland Delta? Within this, I focus primarily on water safety, the availability of fresh water, and the circular economy. I take an integrated approach, because legal insights alone aren’t sufficient. A development must not only be legally feasible and acceptable, but also technically, administratively, economically, and socially viable.
How did you get here?
I have always had a fascination with water and safety. I grew up in the river area and vividly remember driving with my mother along the Drielsedijk at sunset in 1995, while the Nederrijn was nearly overflowing during a high water event. That moment made a lasting impression on me. When I was studying law and came across the specialisation in water law, I was immediately drawn to it.
Additionally, I find it beautiful that water does not recognise borders or areas of expertise. It forces collaboration, both between countries and regions, as well as within the scientific community. In my research, the Scheldt region and Zeeland have frequently served as case studies. So, when I heard about the establishment of the Delta Climate Centre, my interest was piqued. And the feeling turned out to be mutual.
What does your research look like?
Law can do two things: facilitate (indicate what is possible) and safeguard (ensure that possibilities are used in the legally correct manner). Take the expropriation of land to build a dike, for example. ‘Expropriation’ is a legal possibility, an instrument. But it can only be used if it serves a greater purpose, and only under certain conditions. On a larger scale, I am exploring what legal options exist to adjust how we manage water, so that we are better prepared for the impacts of climate change. I call this the 'legal solution space.'
Most of my research is done from behind my desk, but I also go into the field. I want to see what I am talking about and experience what a floodplain (land outside the dike) is like or how a dike is constructed. In addition, I regularly engage with the organisations and authorities involved with water regulations. The results must, in the end, be co-created with the people who will have to work with them.
Why is your research important?
Climate change and water management have a strong legal dimension. Consider spatial planning, maximum allowable flood risks, or tools for dealing with prolonged droughts. If we want to make the landscape safer or more climate-resilient, it is helpful to know which legal instruments exist for this purpose and where changes in rules or policies are needed.
That may seem like a straightforward question, but it is not. For example, the question is: can you include floodplains in the assessment of how high and strong a dike should be? If the answer is 'yes', how do you go about it? And how do you ensure safety? Who makes sure the floodplain retains that function, and how do you regulate that responsibility? What legal instruments do you need, and under what conditions?
What do you hope to have achieved in 5 years?
The worst thing that can happen with climate measures is that they remain just ideas. That no one dares to implement them. In that case, they remain scenarios for me, rather than becoming a reality. I certainly hope to see the knowledge I’ve gained reflected in decisions, policies, and measures in five years' time.
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