Disaster Law

Author : Kristian Cedervall Lauta
Publisher : Routledge
ISBN 13 : 1317964403
Total Pages : 170 pages
Book Rating : 4.07/5 ( download)

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Download or read book Disaster Law written by Kristian Cedervall Lauta and published by Routledge. This book was released on 2014-09-15 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disasters and their management are today central to public and political agendas. Rather than being understood as exclusively acts of God and Nature, natural disasters are increasingly analysed as social vulnerability exposed by natural hazards. A disaster following an earthquake is no longer seen as caused exclusively by tremors, but by poor building standards, ineffective response systems, or miscommunications. This book argues that the shift in how a disaster is spoken of and managed affects fundamental notions of duty, responsibility and justice. The book considers the role of law in disasters and in particular the regulation of disaster response and the allocation of responsibility in the aftermath of disasters. It argues that traditionally law has approached emergencies, including natural disasters, from a dichotomy of normalcy and emergency. In the state of emergency, norms were replaced by exceptions; democracy by dictatorship; and rights by necessity. However, as the disaster becomes socialized the idea of a clear distinction between normalcy and emergency crumbles. Looking at international and domestic legislation from a range of jurisdictions the book shows how natural disasters are increasingly normalized and increasingly objects of legal regulation and interpretation. The book will be of great use and interest to scholars and researchers of legal theory, and natural hazards and disasters.

Author : Andrea de Guttry
Publisher : Springer Science & Business Media
ISBN 13 : 9067048828
Total Pages : 747 pages
Book Rating : 4.28/5 ( download)

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Download or read book International Disaster Response Law written by Andrea de Guttry and published by Springer Science & Business Media. This book was released on 2012-08-31 with total page 747 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a Foreword by Kristalina Georgieva, European Commissioner for International Cooperation, Humanitarian Aid and Crisis Response Over the last decades natural and man-made disasters have been increasing in terms of frequency, size, number of people affected and material damage caused. There is growing awareness of the importance of adequate national and international legal frameworks for disaster prevention, mitigation and response. The implementation of these frameworks, however, poses serious challenges. This book analyses International Disaster Response Law as developed in recent times and identifies the main existing normative gaps. The authors address the rights and duties of States in preventing and mitigating disasters, in facilitating access to their territory for humanitarian relief actors, as well as issues related to liability and compensation. Due attention is paid to European Union law governing disaster response (and to its reform in the light of the Lisbon Treaty) and to the main trends in domestic legislation. Human rights obligations are thoroughly examined and the potential relevance of international criminal law is assessed. Additional topics such as the status of relief personnel, the hindrances to the delivery of relief consignments by customs and excise administration, the use of civilian and military defence assets in emergency situations, the mechanisms and procedures available to offer financial support for recovery and rehabilitation, risk insurance, and the issue of corruption during disaster-related activities are specifically addressed. By drawing on the expertise of lawyers, political scientists, economists and humanitarian practitioners, the book promotes much-needed interdisciplinary dialog and sheds light on a largely uncharted field of research. It is therefore essential reading for academics and practitioners in international and EU law, policy makers, civil protection and humanitarian operators and for anyone interested in exploring the legal facets of the international community’s response to large-scale calamitous events. Over the last decades natural and man-made disasters have been increasing in terms of frequency, size, number of people affected and material damage caused. There is growing awareness of the importance of adequate national and international legal frameworks for disaster prevention, mitigation and response. The implementation of these frameworks, however, poses serious challenges. This book analyses International Disaster Response Law as developed in recent times and identifies the main existing normative gaps. The authors address the rights and duties of States in preventing and mitigating disasters, in facilitating access to their territory for humanitarian relief actors, as well as issues related to liability and compensation. Due attention is paid to European Union law governing disaster response (and to its reform in the light of the Lisbon Treaty) and to the main trends in domestic legislation. Human rights obligations are thoroughly examined and the potential relevance of international criminal law is assessed. Additional topics such as the status of relief personnel, the hindrances to the delivery of relief consignments by customs and excise administration, the use of civilian and military defence assets in emergency situations, the mechanisms and procedures available to offer financial support for recovery and rehabilitation, risk insurance, and the issue of corruption during disaster-related activities are specifically addressed. By drawing on the expertise of lawyers, political scientists, economists and humanitarian practitioners, the book promotes much-needed interdisciplinary dialog and sheds light on a largely uncharted field of research. It is therefore essential reading for academics and practitioners in international and EU law, policy makers, civil protection and humanitarian operators and for anyone interested in exploring the legal facets of the international community’s response to large-scale calamitous events.

Author : Rosemary Lyster
Publisher : Cambridge University Press
ISBN 13 : 1107107229
Total Pages : 435 pages
Book Rating : 4.29/5 ( download)

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Download or read book Climate Justice and Disaster Law written by Rosemary Lyster and published by Cambridge University Press. This book was released on 2015 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a unique, comprehensive and interdisciplinary analysis of climate justice and disaster law.

Author : Daniel A. Farber
Publisher : Edward Elgar Publishing
ISBN 13 : 9781848444317
Total Pages : 0 pages
Book Rating : 4.11/5 ( download)

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Download or read book Disaster Law written by Daniel A. Farber and published by Edward Elgar Publishing. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Amita Singh
Publisher : Taylor & Francis
ISBN 13 : 1351593560
Total Pages : 313 pages
Book Rating : 4.64/5 ( download)

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Download or read book Disaster Law written by Amita Singh and published by Taylor & Francis. This book was released on 2017-07-28 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at how legal frameworks can and do reduce risks arising out of disasters. The volume: analyses existing disaster laws and the challenges on the ground; brings together case studies from some of the most vulnerable regions; and proposes solutions to avert existing and possible future crises. The book offers appropriate legal frameworks for disaster management which could not only offer sustainable institutional reforms towards community resilience and preparedness but also reduce risk within the frameworks of justice, equity and accountability. It examines the intricacies of governance within which governments function and discusses how recent trends in infrastructure development and engineering technology could be balanced within the legal principles of ethics, transparency and integrity. The chapters in the volume suggest that legal frameworks ought to resonate with new challenges of resource management and climate change. Further, these frameworks could help secure citizens’ trust, institutional accountability and effective implementation through an unceasing partnership which keeps the community better prepared and more resilient. This volume will be indispensable to scholars and researchers of disaster management, law, public policy, environment and development studies as well as policymakers and those in administrative, governmental, judicial and development sectors.

Author : Alfonso Lopez de la Osa Escribano
Publisher : Arte Publico Press
ISBN 13 : 1518506623
Total Pages : 98 pages
Book Rating : 4.28/5 ( download)

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Download or read book Texas Disaster Law Guide written by Alfonso Lopez de la Osa Escribano and published by Arte Publico Press. This book was released on 2021-02-28 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2017, Hurricane Harvey knocked power out across a wide swath of Texas, including to the Arkema plant in Crosby. Without electricity, chemicals stored there caught fire and numerous first responders tasked with enforcing the evacuation perimeter were exposed to toxic fumes. A similar situation occurred in 2010, when first responders lacked the specialized equipment and necessary expertise to deal effectively with the British Petroleum oil spill in the Gulf of Mexico. This volume provides information about the legal considerations emergency responders and managers face when dealing with disasters, whether man-made or natural. Intended to assist Texas organizations and communities, many of the issues—such as mandatory evacuations and curfews, oil spills and hazardous materials and commandeering private property—will be of interest to agencies around the country. Flowcharts are included that can be reduced to a pocket-sized guide for personnel involved in mitigating the impact of catastrophes. The authors contend that a well-structured legal framework in disaster law increases a city’s resilience and ultimately reduces human suffering and costs. This guide is divided into three parts: Disaster Response Law; Identifying Authority; and Responsibility, Accountability and Liability. It also includes appendices and tables, skillsets and agency duties. It will be indispensable for increasing disaster preparedness in order to protect human life and property.

Author : Flavia Zorzi Giustiniani
Publisher : Springer Nature
ISBN 13 : 3030505979
Total Pages : 209 pages
Book Rating : 4.74/5 ( download)

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Download or read book International Law in Disaster Scenarios written by Flavia Zorzi Giustiniani and published by Springer Nature. This book was released on 2020-09-30 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : David D. Caron
Publisher : Cambridge University Press
ISBN 13 : 1316061647
Total Pages : 413 pages
Book Rating : 4.40/5 ( download)

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Download or read book The International Law of Disaster Relief written by David D. Caron and published by Cambridge University Press. This book was released on 2014-08-25 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disasters can strike often and with unexpected fury, resulting in devastating consequences for local populations that are insufficiently prepared and largely dependent upon foreign aid in the wake of such catastrophes. International law can play a significant role in recovery after natural disasters; however, without clear legal frameworks, aid may be stopped, delayed, or even hijacked - placing the intended recipients in critical condition. This edited volume brings together experts, emerging scholars, and practitioners from North America, Japan, New Zealand, and Australia to analyze the evolution of international disaster law as a field that encompasses new ideas about human rights, sovereignty, and technology. Chapters focus on specific natural disasters like Hurricane Katrina, Cyclone Nargis, and Typhoon Haiyan in addition to volcanic and earthquake activity, wildfires, and desertification. This book begins a dialogue on the profound implications of the evolution of international law as a tool for disaster response.

Author : Kristian Cedervall Lauta
Publisher : Routledge
ISBN 13 : 131796439X
Total Pages : 197 pages
Book Rating : 4.91/5 ( download)

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Download or read book Disaster Law written by Kristian Cedervall Lauta and published by Routledge. This book was released on 2014-09-15 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disasters and their management are today central to public and political agendas. Rather than being understood as exclusively acts of God and Nature, natural disasters are increasingly analysed as social vulnerability exposed by natural hazards. A disaster following an earthquake is no longer seen as caused exclusively by tremors, but by poor building standards, ineffective response systems, or miscommunications. This book argues that the shift in how a disaster is spoken of and managed affects fundamental notions of duty, responsibility and justice. The book considers the role of law in disasters and in particular the regulation of disaster response and the allocation of responsibility in the aftermath of disasters. It argues that traditionally law has approached emergencies, including natural disasters, from a dichotomy of normalcy and emergency. In the state of emergency, norms were replaced by exceptions; democracy by dictatorship; and rights by necessity. However, as the disaster becomes socialized the idea of a clear distinction between normalcy and emergency crumbles. Looking at international and domestic legislation from a range of jurisdictions the book shows how natural disasters are increasingly normalized and increasingly objects of legal regulation and interpretation. The book will be of great use and interest to scholars and researchers of legal theory, and natural hazards and disasters.

Author : Katja L. H. Samuel
Publisher : Cambridge University Press
ISBN 13 : 1108693199
Total Pages : 1020 pages
Book Rating : 4.96/5 ( download)

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Download or read book The Cambridge Handbook of Disaster Risk Reduction and International Law written by Katja L. H. Samuel and published by Cambridge University Press. This book was released on 2019-02-28 with total page 1020 pages. Available in PDF, EPUB and Kindle. Book excerpt: The number, intensity, and impact of diverse forms of 'natural' and 'human-made' disasters are increasing. In response, the international community has shifted its primary focus away from disaster response to prevention and improved preparedness. The current globally agreed upon roadmap is the ambitious Sendai Framework for Disaster Risk Reduction 2015–2030, central to which is the better understanding of disaster risk management and mitigation. Sendai also urges innovative implementation, especially multi-sectoral and multi-hazard coherence. Yet the law sector itself remains relatively under-developed, including a paucity of supporting 'DRR law' scholarship and minimal cross-sectoral engagement. Commonly, this is attributable to limited understanding by other sectors about law's dynamic potential as a tool of disaster risk mitigation, despite the availability of many risk-related norms across a broad spectrum of legal regimes. This unique, timely Handbook brings together global and multi-sector perspectives on one of the most pressing policy issues of our time.