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Author: Alexia Herwig
Publisher: Taylor & Francis
ISBN: 1317273699
Category : Law
Languages : en
Pages : 280
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Book Description
Disasters raise serious challenges for contemporary legal orders: they demand significant management, but usually amidst massive disruption to the normal functioning of state authority and society. When dealing with disasters, law has traditionally focused on contingency planning and recovery. More recently, however, ‘resilience’ has emerged as a key concept in effective disaster management policies and strategies, aiming at minimising the impact of events, so that the normal functioning of society and the state can be preserved. This book analyses the contribution of law to resilience building by looking at law’s role in the different phases of the disaster regulatory process: risk assessment, risk management, emergency intervention, and recovery. More specifically, it addresses how law can effectively contribute to resilience-oriented distaster management policies, and what legal instruments can support effective resilience-building.
Author: Alexia Herwig
Publisher: Taylor & Francis
ISBN: 1317273699
Category : Law
Languages : en
Pages : 280
Get Book
Book Description
Disasters raise serious challenges for contemporary legal orders: they demand significant management, but usually amidst massive disruption to the normal functioning of state authority and society. When dealing with disasters, law has traditionally focused on contingency planning and recovery. More recently, however, ‘resilience’ has emerged as a key concept in effective disaster management policies and strategies, aiming at minimising the impact of events, so that the normal functioning of society and the state can be preserved. This book analyses the contribution of law to resilience building by looking at law’s role in the different phases of the disaster regulatory process: risk assessment, risk management, emergency intervention, and recovery. More specifically, it addresses how law can effectively contribute to resilience-oriented distaster management policies, and what legal instruments can support effective resilience-building.
Author: Rosemary Lyster
Publisher: Cambridge University Press
ISBN: 1107107229
Category : Law
Languages : en
Pages : 435
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Book Description
This book provides a unique, comprehensive and interdisciplinary analysis of climate justice and disaster law.
Author: Daniel A. Farber
Publisher: Aspen Publishers
ISBN: 9781454869252
Category : Disaster insurance
Languages : en
Pages : 0
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Book Description
Disaster Law and Policy examines the growing field concerned with disaster prevention, emergency response, compensation and& insurance, human rights, and community recovery. The first book on disaster law to appear in the wake of Katrina, this fascinating text provides the key building blocks for a thoughtful analysis of the issues that surround disaster-relief policy and procedure. Exploring the legal issues that surround Katrina and other natural disasters in the U.S. and around the world, Disaster Law and Policy, features: effective tools for legal analysis of issues emerging from disastrous events discussion problems and class exercises an interdisciplinary approach that combines law, public policy, economics, and science broad coverageand—from environmental and land use law to insurance, tort law, and civil rights issues discussion of public expectations of government response in crisis, compared to actual government and private sector preparedness and capabilities examination of post disaster issues such as Medicaid, the role of environmental litigation, communications, law enforcement, evacuation, and the work of the Army Corps of Engineers on the levees in New Orleans Adopting a wider perspective that looks at the legal ramifications of disasters across the United States and around the world, the Second Edition offers: a new chapter on the causes of disasters and their relationship to laws designed to protect health, safety, and the environment a new chapter on risk and uncertainty that examines the latest ideas to come out of economics, complexity theory, and organizational management a new chapter on international disaster law that looks at recent developments in disaster-risk management, the protection of human rights, and the preservation of ecosystem services Coverage includes discussion of the 2005 Asian Tsunami, Chinaand’s Sechuan Earthquake, and Cycloe Nargis in Mynamar/Burma a new chapter on recovery from disaster that features an extended class exercise A unique and timely text in a burgeoning field, Disaster Law and Policy, Second Edition, is ideal for use in a seminar or a course on disaster issuesand—or as a supplement in courses on environmental law or land use.
Author: Flavia Zorzi Giustiniani
Publisher: Springer Nature
ISBN: 3030505979
Category : Law
Languages : en
Pages : 209
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Book Description
The book identifies the main international concepts and rules that are of special relevance in disaster settings and critically analyses how they are implemented in such contexts. It shows that, although the crucial and growing importance of disaster response has resulted in a complex framework of international obligations, it is nonetheless guided by certain general principles/values. In particular, through an in-depth analysis of sovereignty, international cooperation and solidarity, and their manifestations in disaster contexts, the book assesses the concrete scope and nature of the obligations of the state affected by the disaster, and those of the international community, respectively. Considerable attention is devoted to the applicable legal framework governing disaster response in mixed situations of disaster and armed conflict, and to the main problems and operational challenges entailed by the involvement of foreign military personnel and assets in disaster response. The book’s overall objective is to provide an authoritative overview of the development, core issues and challenges in international law with regard to disaster scenarios, and to serve as a valuable and comprehensive reference guide.
Author: Alexandra Birchler
Publisher: Intersentia
ISBN: 9781839700309
Category : Climatic changes
Languages : en
Pages : 0
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Book Description
Extreme weather events, such as cyclones and hurricanes, are increasing in their frequency and intensity. This increase has been scientifically linked to global warming, which is induced by anthropogenic climate change. This phenomenon is disproportionately affecting developing States, such as the Caribbean and Pacific Islands, even though they are not contributing to climate change to the same extent as developed States or emerging markets, and having a devastating effect on people and their livelihoods. This book examines two critical aspects of this situation, to which no specific, singular source in public international law is applicable or responsible. This book first examines the manner in which public international law, in particular international environmental law and customary public international law, is applicable to the question of funding for reconstruction and early warning systems by developed States and emerging markets. As the intensity and frequency of these events increases, so does the requirement for funding, with the aim of improving vulnerable States resilience to climate-related devastation. While there are several schemes in place in order to secure funding for either early warning systems or postdisaster reconstruction, such as donations or insurance solutions, there is no specific instrument in public international law that deals with the question of whether developed States and emerging markets have an obligation to financially assist disaster-prone developing States with regard to the establishment of early warning systems and reconstruction in the wake of natural disasters. This book also analyses the right to receive humanitarian assistance and the State's obligation to provide early warning. In the aftermath of a calamitous event, the victims are largely dependent on the Sate and its capacity to organise and accept, if necessary, international humanitarian assistance. If the affected State refuses to do so, the consequences for the victims can be disastrous. With regard to humanitarian assistance, the book focuses on the application of human rights law on the international as well as regional levels, such as the African human rights system for example. In addition, the book outlines the doctrine of the responsibility to protect in this context and its practical limits in particular. As concerns the question of whether there is an obligation to provide early warning, this is assessed through an analysis of the case law of the European Court of Human Rights, also taking into account the jurisprudence of the Inter-American Human Rights system. Throughout its discussion of legal responsibility under international law resulting from climate change-induced natural disasters, this book takes into account the new developments around the International Law Commission's project on the "Protection of Persons in the Event of Disasters", which is now considered for treaty adoption.
Author: Daniel Fitzpatrick
Publisher: Taylor & Francis
ISBN: 1000391809
Category : Business & Economics
Languages : en
Pages : 317
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Book Description
This book provides a re-assessment of property law for a future of environmental disruption. This book will appeal to a broad readership with interests in legal theory, property law, adaptive governance, international development, refugee studies, postcolonial studies and natural disasters.
Author: Yuka KANEKO
Publisher: Routledge
ISBN: 1317396839
Category : Social Science
Languages : en
Pages : 334
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Book Description
This book is a critical analysis of several of the most disaster-prone regions in Asia. Its unique focus is on the legal issues in the phase of disaster recovery, the most lengthy and difficult stage of disaster response that follows the conclusion of initial emergency stage of humanitarian aid. In the stage of disaster recovery, the law decides the fate of reconstruction for the individual houses and livelihoods of the disaster-affected people and sets the limit of governmental support for them during the lengthy period of suspension of normal living until full recovery is obtained. Researchers who were participant-observers in the difficult recovery phase after the mega-disasters in Asia analyse the reality of the functions of law which often hinder, rather than foster, efforts to restore disaster victims’ lives. The book collects research conducted with an emphasis on empirical approaches to legal sociology, including direct interviews with people affected by the disaster. It offers a holistic approach beyond the traditional sectionalism of legal studies by starting with a historical review and incorporating both spheres of public law and private law, in order to obtain a new perspective that can concurrently achieve disaster risk reductions and human-centered recoveries. With particular emphasis on the unexplored area of law in the post-disaster recovery phase, this book will attract the attention of students and scholars of disaster studies, legal studies, Asian studies, as well as those who work in the practice of disaster management.
Author: Daniel A. Farber
Publisher: Edward Elgar Publishing
ISBN: 9781848444317
Category : Disaster insurance
Languages : en
Pages : 0
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Book Description
Recent hurricanes and other natural disasters demonstrate serious gaps in the legal system and its ability to respond to events of such magnitude. "Disasters and the Law: Katrina and Beyond" studies disaster response, prevention, and mitigation strategies by integrating knowledge and experience from urban planning, bankruptcy law, and wetlands law.
Author: Susan C. Breau
Publisher: Edward Elgar Publishing
ISBN: 1784717401
Category : Law
Languages : en
Pages : 608
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Book Description
International law’s role in governing disasters is undergoing a formative period in its development and reach, in parallel with concerted efforts by the international community to respond more effectively to the increasing number and intensity of disasters across the world. This Research Handbook examines a broad range of legal regimes directly and indirectly relevant to disaster prevention, mitigation and reconstruction across a spectrum of natural and manmade disasters, including armed conflict.
Author: Dónal P. O’Mathúna
Publisher: Springer
ISBN: 3319927221
Category : Philosophy
Languages : en
Pages : 245
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Book Description
This Open Access Book is the first to examine disasters from a multidisciplinary perspective. Justification of actions in the face of disasters requires recourse both to conceptual analysis and ethical traditions. Part 1 of the book contains chapters on how disasters are conceptualized in different academic disciplines relevant to disasters. Part 2 has chapters on how ethical issues that arise in relation to disasters can be addressed from a number of fundamental normative approaches in moral and political philosophy. This book sets the stage for more focused normative debates given that no one book can be completely comprehensive. Providing analysis of core concepts, and with real-world relevance, this book should be of interest to disaster scholars and researchers, those working in ethics and political philosophy, as well as policy makers, humanitarian actors and intergovernmental organizations..
