Abstract Scotland has committed to restore 250,000 and 400,000 hectares of peatland by 2030 and 2040, respectively, to help achieve net-zero emissions by 2045. Large areas of peatland, however, are under agricultural management and, as such, subject to conflicting environmental, economic, and social demands. This article investigates the role of law in shaping the governance and use of agricultural peatlands in this context. It shows that, historically, Scots law has systematically supported the concentration of landowner control over, and the drainage of, agricultural peatlands. Recent integration of peatlands into Scottish climate laws has occurred in parallel with Scotland’s commitment to achieve net zero in a ‘just’ way. Yet, realizing a just transition to net zero is hindered by a lack of strategic land use planning, a focus on voluntary and market-led action, and limited opportunities for communities and other relevant parties to participate in and benefit from peatland use change.
Geelhoed et al. (Tue,) studied this question.
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