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Author: Daniel A. Farber Publisher: Aspen Publishers ISBN: 9781454869252 Category : Disaster insurance Languages : en Pages : 0
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: Daniel A. Farber Publisher: Aspen Publishers ISBN: 9781454869252 Category : Disaster insurance Languages : en Pages : 0
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: Kristian Cedervall Lauta Publisher: Routledge ISBN: 1317964403 Category : Law Languages : en Pages : 158
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.
Author: Daniel A. Farber Publisher: Edward Elgar Publishing ISBN: 9781848444317 Category : Disaster insurance Languages : en Pages : 0
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: Andrea de Guttry Publisher: Springer Science & Business Media ISBN: 9067048828 Category : Law Languages : en Pages : 747
Book Description
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: Alfonso Lopez de la Osa Escribano Publisher: Arte Publico Press ISBN: 1518506623 Category : Law Languages : en Pages : 98
Book Description
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: Amita Singh Publisher: Taylor & Francis ISBN: 1351593560 Category : Social Science Languages : en Pages : 313
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.
Author: Flavia Zorzi Giustiniani Publisher: Springer Nature ISBN: 3030505979 Category : Law Languages : en Pages : 209
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: David D. Caron Publisher: Cambridge University Press ISBN: 1316061647 Category : Law Languages : en Pages : 413
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 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: Katja L. H. Samuel Publisher: Cambridge University Press ISBN: 1108693199 Category : Law Languages : en Pages : 1020
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.
Author: Daniel A. Farber
Author: Daniel A. Farber
Author: Kristian Cedervall Lauta
Author: Rosemary Lyster
Author: Daniel A. Farber
Author: Andrea de Guttry
Author: Alfonso Lopez de la Osa Escribano
Author: Amita Singh
Author: Flavia Zorzi Giustiniani
Author: David D. Caron
Author: Katja L. H. Samuel