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20 Utrecht L. Rev. 1 (2024)

handle is hein.journals/utrecht20 and id is 1 raw text is: 



Utrechtl_  NR'V


The global Covid-19 pandemic exposed  the fragility of urban systems and underscored
the need  to recalibrate regulatory and institutional frameworks for an anticipated
crisis-prone future. This article explores the notion of 'adaptive law and governance'
as a lens through which  city authorities can test and modify legal and governance
responses to future urban crises. It compares the experiences of managing Covid-19
in the two biggest cities in the Netherlands (Amsterdam and Rotterdam) and in South
Africa (Johannesburg and  Cape Town). This comparison, between  two  sets of urban
municipal  governments  functioning under  different constitutional systems and in
different socio-economic contexts, provides insights pertaining to how adaptive urban
governance  during  the pandemic   was constrained  or enabled  by the interaction
between  the regulatory and institutional frameworks for and political realities of urban
autonomy   and intergovernmental relations. The article demonstrates that cities that
govern within a flexible and decentralised legal and governance system  are better
positioned to develop  and  implement   responsive measures  to  address crises or
uncertainty. To enhance  resilience, legal systems should promote transparent, risk-
responsive, and reflective local governance tools to enable agile, context- specific
and decisive crisis responses that can be employed as a matter of course rather than
exception.


Angela van der Berg
Director: Global Environmental
Law Centre (GELC), University
of the Western Cape (UWC),
ZA; Associate Professor:
Department of Public Law and
Jurisprudence, Faculty of Law,
UWC, ZA






COVID-19; Adaptive Law;
Urban Crises; Cities; South
Africa; Netherlands



Angela van der Berg and
Marius Pieterse, Governing
Urban Crisis Through Adaptive
Urban Law: Lessons from City
Responses to COVID-19 in the
Netherlands and South Africa'
(2024) 20(1) Utrecht Law
Review 1-18. DOI:

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