Great Legal Disasters


Book Description




Disaster Law


Book Description

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.




Disaster Law and Policy


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.




Disaster Law


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.




Asian Law in Disasters


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.




Disaster Law


Book Description

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.




Disaster Law


Book Description

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.




Governing Disasters


Book Description

'The challenges posed by risky decisions are well documented. These decisions become even more daunting when they must be made in a midst of a crisis. Using the European volcanic risk crisis as the principal case study, Alberto Alemanno and the other contributors to this thought provoking volume derive valuable lessons for how policy makers can cope with the attendant time pressures, uncertainties, coordination issues, and risk communication problems. Once the next emergency risk situation occurs, it may be too late to learn about how to respond. Governing Disasters should be required reading for all policy makers and risk analysts in advance of the next international risk crisis.' – W. Kip Viscusi, Vanderbilt University, US and Editor, Journal of Risk and Uncertainty 'Catastrophes present us with a paradox. Many people don't think they will happen, so before a catastrophe, regulations are typically viewed as unnecessarily invasive. But in the aftermath of a disaster everybody suddenly blames the government for not having been strict enough. Overregulation often follows. In light of the unprecedented series of catastrophes in recent years, more than ever, top leaders in government and business must understand and overcome this regulatory challenge. Alberto Alemanno's innovative book tells you how.' – Erwann Michel-Kerjan, The Wharton School's Center for Risk Management, US 'Even the best-laid policy plans go awry. What do we do when, despite our best preventive efforts, a surprise crisis occurs? How do we regulate a disaster while it is unfolding? From volcanoes to tornadoes, and tsunamis to terrorists, extreme events test our resilience. In this illuminating volume, regulatory scholar Alberto Alemanno and his colleagues diagnose the complex combination of natural disasters and flawed institutions that make these crises so difficult to manage. They offer a set of insights and remedies that must be read by anyone concerned to deal with disasters in the future.' – Jonathan B. Wiener, Duke University, US 'This comprehensive edited volume makes an important and much needed contribution to an increasingly important dimension of risk assessment and management, namely emergency risk regulation. Drawing upon the responses of government, businesses, and the public to the 2010 volcanic eruption in Iceland – which disrupted European air travel, it offers important lessons for policy-makers who are likely to confront similar unanticipated global risks. The recent nuclear power disaster in Japan makes this volume both timely and prescient.' – David Vogel, University of California, Berkeley, US Emergency crises have always tested our ability to organise and swiftly execute a coordinated response. Both natural and unnatural disasters pose new questions to which previous experience provides only limited answers. These challenges are arguably greater than ever, in a more globalised world confronted by a truly transnational hazard. This is the first volume that addresses the complexities of the volcanic ash cloud that overshadowed Europe in April 2011, but has subsequently struck again in Australia, Chile and Europe. It does so from a multidisciplinary perspective, drawing upon research from economics, law, sociology and other fields, as well as volcanology and leading expertise in jet engineering. Whilst our knowledge base is wide-ranging, there is a common focus on the practical lessons of the ash cloud crisis both for subsequent eruptions and for emergency risk regulation more generally. Among many other insights Governing Disasters explains why it was that industry and regulators were largely unprepared for a phenomenon about which we were not scientifically ignorant. It concludes that the toolbox of risk regulation should not be expected to provide ready-made solutions but applied flexibly, creatively and with some humility. This unique and timely resource will be useful to policymakers, scholars, officials of international organizations, research institutions and consumer groups who want to acquire or further develop their capacities for risk regulation. For teaching purposes it is ideal for courses on risk regulation, disaster law and policy, and crisis management or as a supplement in courses on environmental law, transport law, space law or land use.




The Great Lead Water Pipe Disaster


Book Description

The history of a long-running environmental catastrophe chronicles the harmful effects of lead pipes and their continued use despite evidence that they pose a significant health risk. In The Great Lead Water Pipe Disaster, Werner Troesken looks at a long-running environmental and public health catastrophe: 150 years of lead pipes in local water systems and the associated sickness, premature death, political inaction, and social denial. The harmful effects of lead water pipes became apparent almost as soon as cities the world over began to install them. Doctors and scientists noted cases of acute illness and death attributable to lead in public water beginning in the middle of the nineteenth century, and an editorial in the New York Herald called for the city to study the matter after a bizarre illness made headlines in 1868. But officials took no action for many years. New York City, for example, did not take any steps to reduce lead levels in water until 1992, long after the most serious damage had been done. By then, in any case, much of the old lead pipe had been replaced with safer materials. Troesken examines the health effects of lead exposure, analyzing cases from New York City, Boston, and Glasgow and many smaller towns in Massachusetts, New Hampshire, and England. He draws on period accounts, government reports, court decisions, and economic and demographic analysis to document the widespread nature of the problem, the recognized health effects—particularly for pregnant women and young children—and official intransigence. He presents an accessible overview of the old and new science of lead exposure—explaining, for example, why areas with soft water suffered more harmful effects than areas with hard water. And he gives us compelling and vivid accounts of the people and politics involved. The effects of lead in water continue to be felt; many older houses still have lead service pipes. The Great Lead Water Pipe Disaster is essential reading for understanding this past and ongoing public health problem.




Great Legal Fiascos


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