Bridging Law and Soil Science to Promote Soil Health

Abstract

Despite their crucial importance, soils generally enjoy limited legal protection, particularly when compared to other environmental domains such as air and water. We argue that legal systems are presently poorly equipped to effectively protect soil health, with a strong mismatch between the nature of law on the one hand, and the nature of soil on the other. Using the EU's proposed Soil Monitoring and Resilience Directive as an example, we bring together knowledge from a wide range of disciplines to outline key challenges for enhancing legal protection for soils. In brief, while laws require uniformity and legal certainty, soils are by nature heterogeneous and their functioning is still not completely understood. Furthermore, while legal systems are inclined to impact soils at the property scale and as a commodity, from a scientific perspective soils are highly spatially interconnected and a non-renewable resource. Finally, laws require mechanisms to detect (non-) compliance, which can be very costly and complex given the nature of soils. For each challenge we discuss opportunities for scientists and law- and policymakers to address these gaps, including in terms of improved communication and priority areas for further research. Although challenges remain, tools are available to enhance evidence-based soil management and strengthen soil protection efforts globally.