Download or read book Disaster Law and Policy written by Daniel A. Farber and published by Aspen Publishers. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
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.
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.
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.
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.
Download or read book Law and the Management of Disasters written by Alexia Herwig and published by Taylor & Francis. This book was released on 2016-12-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Download or read book The Cambridge Handbook of Disaster Law and Policy written by Susan S. Kuo and published by Cambridge University Press. This book was released on 2022-09-29 with total page 989 pages. Available in PDF, EPUB and Kindle. Book excerpt: This century's major disasters from Hurricane Katrina and the Fukushima nuclear meltdown to devastating Nepalese earthquakes and the recent crippling volcanic eruptions and tsunamis in Tonga have repeatedly taught that government institutions are ill-prepared for major disaster events, leaving the most vulnerable among us unprotected. These tragedies represent just the beginning of a new era of disaster – an era of floods, heatwaves, droughts, and pandemics fueled by climate change. Laws and government institutions have struggled to adapt to the scope of the challenge; old models of risk no longer apply. This Handbook provides timely guidance, taking stock of the field of disaster law and policy as it has developed since Hurricane Katrina. Experts from a wide range of academic and practical backgrounds address the root causes of disaster vulnerability and offer solutions to build more resilient communities to ensure that no one is left behind.
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.
Download or read book The Law of Emergencies written by Nan D. Hunter and published by Butterworth-Heinemann. This book was released on 2017-08-08 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Emergencies: Public Health and Disaster Management, Second Edition, introduces the American legal system as it interacts with disaster management, public health and civil unrest issues. Nan Hunter shows how the law in this area plays out in the context of real life emergencies where individuals often have to make split-second decisions. This book covers the major legal principles underlying emergency policy and operations and analyzes legal authority at the federal, state and local levels, placing the issues in historical context but concentrating on contemporary questions. The book includes primary texts, reader-friendly expository explanation and sample discussion questions in each chapter, as well as scenarios for each of the three major areas to put the concepts in to action. Prior knowledge of the law is not necessary in order to use and understand this book, and it satisfies the need of professionals in a wide array of fields related to emergency management to understand both what the law requires and how to analyze issues for which there is no clear legal answer. The book features materials on such critical issues as how to judge the extent of Constitutional authority for government to intervene in the lives and property of American citizens. At the same time, it also captures bread-and-butter issues such as responder liability and disaster relief methods. No other book brings these components together in a logically organized, step by step fashion. Updated with expanded coverage and several new chapters Re-organized to improve topic focus, with sections covering The President, Congress, and the Courts; Governance on the Ground; The Rights of Individuals; Disaster Management and Reconstruction; Health Emergencies; Preserving the Social Fabric; and Liability Includes a new disaster scenario (a dirty bomb explosion in Washington, DC) to illustrate the application of key concepts Features two new appendices that provide key excerpts from the U.S. Constitution and the Stafford Act Includes a new glossary of legal and legislative terms
Download or read book Research Handbook on Climate Disaster Law written by Rosemary Lyster and published by Edward Elgar Publishing. This book was released on 2018-06-29 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through assessing climate disaster law in relation to international, public, private and environmental law this Research Handbook considers the unique challenges, barriers and opportunities that climate disasters pose for law and policy. Scientific and empirical evidence suggests that the laws addressing natural disasters cannot be adequately applied to disasters that are caused by climate change. Featuring contributions from leading international experts, this Research Handbook will be a useful resource for those with an interest in environmental law and international policymaking.
Download or read book Yearbook of International Disaster Law written by Dug Cubie and published by Yearbook of International Disa. This book was released on 2019-11-21 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Lessons of Disaster written by Thomas A. Birkland and published by Georgetown University Press. This book was released on 2006-11-07 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even before the wreckage of a disaster is cleared, one question is foremost in the minds of the public: "What can be done to prevent this from happening again?" Today, news media and policymakers often invoke the "lessons of September 11" and the "lessons of Hurricane Katrina." Certainly, these unexpected events heightened awareness about problems that might have contributed to or worsened the disasters, particularly about gaps in preparation. Inquiries and investigations are made that claim that "lessons" were "learned" from a disaster, leading us to assume that we will be more ready the next time a similar threat looms, and that our government will put in place measures to protect us. In Lessons of Disaster, Thomas Birkland takes a critical look at this assumption. We know that disasters play a role in setting policy agendas—in getting policymakers to think about problems—but does our government always take the next step and enact new legislation or regulations? To determine when and how a catastrophic event serves as a catalyst for true policy change, the author examines four categories of disasters: aviation security, homeland security, earthquakes, and hurricanes. He explores lessons learned from each, focusing on three types of policy change: change in the larger social construction of the issues surrounding the disaster; instrumental change, in which laws and regulations are made; and political change, in which alliances are created and shifted. Birkland argues that the type of disaster affects the types of lessons learned from it, and that certain conditions are necessary to translate awareness into new policy, including media attention, salience for a large portion of the public, the existence of advocacy groups for the issue, and the preexistence of policy ideas that can be drawn upon. This timely study concludes with a discussion of the interplay of multiple disasters, focusing on the initial government response to Hurricane Katrina and the negative effect the September 11 catastrophe seems to have had on reaction to that tragedy.
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.
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.
Download or read book Asian Law in Disasters written by Yuka KANEKO and published by Routledge. This book was released on 2016-05-20 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
