The International Law of Disaster Relief


Book Description

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 the recovery after inevitable natural disasters; however, without clear legal frameworks, aid may be stopped, delayed, or even hijacked - placing the intended suffering recipients in critical condition. This edited volume brings together experts, emerging scholars, and practitioners in the field of international disaster law 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 Hainan 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.




International Law in Disaster Scenarios


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.




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.




International Law and Humanitarian Assistance


Book Description

It is becoming increasingly apparent that there are major gaps in International Humanitarian Law and Public International Law in the area of humanitarian assistance. In response international organizations such as the UN and the EU are developing their own legal frameworks for humanitarian assistance and the body of customary law and so-called international disaster response law is growing steadily. This however shows that a coherent body of law is far from being a given. The legal reality of international law pertaining to emergency response is rather broadly spread over various international legal fields and related documents, covering situations of armed conflict and natural disasters. This book is one of the first attempts of linking different legal areas in the growing field of what could be called the international law of humanitarian assistance.




The Cambridge Handbook of Disaster Risk Reduction and International Law


Book Description

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.




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.




Yearbook of International Disaster Law


Book Description

The Yearbook of International Disaster Law aims to represent a hub for critical debate in this emerging area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards.




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.




Asia-Pacific Disaster Management


Book Description

The book outlines the regulatory environment for disaster prevention and management in broad social, economic and political context. The first half of the book focuses mainly on Japan, especially the ‘3-11’ events: the earthquake and tsunami that devastated the Tohoku area on 11 March 2011 and the Fukushima Daiichi nuclear power plant radiation leaks. The second half focuses on the USA (the only other Asia-Pacific country to have experienced a serious nuclear emergency), Indonesia, China, New Zealand, Australia and international law. One question explored is whether socio-legal norms play different roles in preventing and managing responses to natural disasters compared to ‘man-made’ disasters. Another is how ‘disaster law’ interacts with society across very diverse societies in the disaster-prone Asia-Pacific region. The book also addresses the increasingly important roles played by international law and regional regimes for cross-border cooperation in disaster prevention and relief, including the functions played by military forces. Erudite, pragmatic, and charged with detailed, substantive knowledge of an astonishing range of contexts and research fields, this timely collection of important essays on the law and society of disaster management stands as an exemplary international academic response to the disasters of 11 March 2011. (Annelise Riles)