Law, Normative Pluralism, and Post-Disaster Recovery PDF Download

Author: Vivencio O. Ballano
Publisher: Springer
ISBN: 9811050740
Category : Social Science
Languages : en
Pages : 173

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Book Description
This book looks at how the multiplicity of formal and informal normative systems that actualize the post-disaster recovery goals of the country’s Disaster Risk Reduction and Management Act of 2010 has resulted in the inadequate housing and relocation of Typhoon Ketsana victims in the Philippines. Using the sociological and normative pluralist perspectives and the case study method, it evaluates the level of conformity of the components of the housing project according to international conventions and legal standards. It highlights the negative unintended consequences caused by the complex normative regimes of various competing stakeholders, rigid real estate regulation, and the unscrupulous involvement of powerful and ‘corrupt’ real estate developers and housing groups as largely contributing to the project’s deviation from the law’s proactive objectives. This book attempts to promote the socio-legal perspectives which have long been overlooked in disaster research. Finally, it invites policymakers to enact a comprehensive disaster law and create a one-stop disaster management agency to improve the long-term rehabilitation of disaster victims in developing countries such as the Philippines.

Author: Vivencio O. Ballano
Publisher: Springer Nature
ISBN: 9811970750
Category : Social Science
Languages : en
Pages : 181

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Book Description
This book introduces Catholic social teaching (CST) and its teaching on the common good to the reader and applies them in the realm of public health to critically analyze the major global issues of COVID-19 that undermine public interest. It uses the sociotheological approach that​ combines the moral principles of CST and the holistic analysis of modern sociology and also utilizes the secondary literature as the main source of textual data. Specifically, it investigates the corporate moral irresponsibility and some unethical business practices of Big Pharma in the sale and distribution of its anti-COVID vaccines and medicines, the injustice in the inequitable global vaccine distribution, the weakening of the United States Congress’s legislative regulation against the pharmaceutical industry’s overpricing and profiteering, the inadequacy of the World Health Organization’s (WHO) law enforcement system against corruption, and the lack of social monitoring in the current public health surveillance system to safeguard the public good from corporate fraud and white-collar crime. This book highlights the contribution of sociology in providing the empirical foundation of CST’s moral analysis and in crafting appropriate Catholic social action during the pandemic. It is hoped that through this book, secular scholars, social scientists, religious leaders, moral theologians, religious educators, and Catholic lay leaders would be more appreciative of the sociotheological approach to understanding religion and COVID-19. “This book brings into dialogue two bodies of literature: documents of Catholic social teaching, and modern sociology and its core thinkers and texts...The author does especially well to describe how taking ‘the sociotheological turn’...will benefit the credibility and dissemination of Catholic social thought.” - Rev. Fr. Thomas Massaro, S.J., Professor of Moral Theology, Jesuit School of Theology, Santa Clara University, Berkeley, California.

Author: Shahla F. Ali
Publisher: Cambridge University Press
ISBN: 1316598454
Category : Law
Languages : en
Pages : 347

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Book Description
With growing awareness of the devastation caused by major natural disasters, alongside integration of governance and technology networks, the parameters of humanitarian aid are becoming more global. At the same time, humanitarian instruments are increasingly recognizing the centrality of local participation. Drawing on six case studies and a survey of sixty-nine members of the relief sector, this book suggests that the key to the efficacy of post-disaster recovery is the primacy given to local actors in the management, direction and design of relief programs. Where local partnership and knowledge generation and application is ongoing, cohesive, meaningful and inclusive, disaster relief efforts are more targeted, cost-effective, efficient and timely. Governing Disasters: Engaging Local Populations in Humanitarian Relief examines the interplay between law, governance and collaborative decision making with international, state, private sector and community actors in order to understand the dynamics of a global decentralized yet coordinated process of post-disaster humanitarian assistance.

Author: Jon Unruh
Publisher: Routledge
ISBN: 1136536639
Category : Law
Languages : en
Pages : 647

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Book Description
Claims to land and territory are often a cause of conflict, and land issues present some of the most contentious problems for post-conflict peacebuilding. Among the land-related problems that emerge during and after conflict are the exploitation of land-based resources in the absence of authority, the disintegration of property rights and institutions, the territorial effect of battlefield gains and losses, and population displacement. In the wake of violent conflict, reconstitution of a viable land-rights system is crucial: an effective post-conflict land policy can foster economic recovery, help restore the rule of law, and strengthen political stability. But the reestablishment of land ownership, land use, and access rights for individuals and communities is often complicated and problematic, and poor land policies can lead to renewed tensions. In twenty-one chapters by twenty-five authors, this book considers experiences with, and approaches to, post-conflict land issues in seventeen countries and in varied social and geographic settings. Highlighting key concepts that are important for understanding how to address land rights in the wake of armed conflict, the book provides a theoretical and practical framework for policy makers, researchers, practitioners, and students. Land and Post-Conflict Peacebuilding is part of a global initiative to identify and analyze lessons in post-conflict peacebuilding and natural resource management. The project has generated six edited books of case studies and analyses, with contributions from practitioners, policy makers, and researchers. Other books in the series address high-value resources, water, livelihoods, assessing and restoring resources, and governance.

Author: Arskal Salim
Publisher: Edinburgh University Press
ISBN: 0748693483
Category : Law
Languages : en
Pages : 232

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Book Description
Indonesia has probably the fastest changing legal system in the Muslim world. This ethnographic account of legal pluralism in the post-conflict and disaster situation in Aceh addresses changes in both the national legal system and the regional legal structure in the province. Focusing on the encounter between diverse patterns of legal reasoning advocated by multiple actors and by different institutions (local, national and international; official and unofficial; judicial, political and social cultural) it considers the vast array of issues arising in the wake of the December 2004 earthquake and tsunami in Aceh.It investigates disputes about rights to land and other forms of property, power relations, the conflict of rules, gender relationships, the right to make decisions, and prevailing norms. These disputes are presented on multiple levels and in various forums, either through negotiation or adjudication, regardless of whether they are settled or not. The cases involve various actors from villages, the courts, the provincial government and the legislature, the national Supreme Court and the central government of Indonesia.

Author: Simon Butt
Publisher: Springer Science & Business Media
ISBN: 3642397689
Category : Law
Languages : en
Pages : 303

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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)

Author: National Research Council
Publisher: National Academies Press
ISBN: 0309101786
Category : Social Science
Languages : en
Pages : 409

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Book Description
Social science research conducted since the late 1970's has contributed greatly to society's ability to mitigate and adapt to natural, technological, and willful disasters. However, as evidenced by Hurricane Katrina, the Indian Ocean tsunami, the September 11, 2001 terrorist attacks on the United States, and other recent events, hazards and disaster research and its application could be improved greatly. In particular, more studies should be pursued that compare how the characteristics of different types of events-including predictability, forewarning, magnitude, and duration of impact-affect societal vulnerability and response. This book includes more than thirty recommendations for the hazards and disaster community.

Author: Dorothea Hilhorst
Publisher: Routledge
ISBN: 1136179410
Category : Business & Economics
Languages : en
Pages : 331

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Book Description
Humanitarian crises - resulting from conflict, natural disaster or political collapse – are usually perceived as a complete break from normality, spurring special emergency policies and interventions. In reality, there are many continuities and discontinuities between crisis and normality. What does this mean for our understanding of politics, aid, and local institutions during crises? This book examines this question from a sociological perspective. This book provides a qualitative inquiry into the social and political dynamics of local institutional response, international policy and aid interventions in crises caused by conflict or natural disaster. Emphasising the importance of everyday practices, this book qualitatively unravels the social and political working of policies, aid programmes and local institutions. The first part of the book deals with the social life of politics in crisis. Some of the questions raised are: What is the meaning of human security in practice? How do governments and other actors use crises to securitize – and hence depoliticize - their strategies? The second part of the book deals with the question how local institutions fare under and transform in response to crises. Conflicts and disasters are breakpoints of social order, with a considerable degree of chaos and disruption, but they are also marked by processes of continuity and re-ordering, or the creation of new institutions and linkages. This part of the book focuses on institutions varying from inter-ethnic marriage patterns in Sri Lanka to situation of institutional multiplicity in Angola. The final part of the book concerns the social and political realities of different domains of interventions in crisis, including humanitarian aid, peace-building, disaster risk reduction and safety nets to address chronic food crises. This book gives students and researchers in humanitarian studies, disaster studies, conflict and peace studies as well as humanitarian and military practitioners an invaluable wealth of case studies and unique political science analysis of the humanitarian studies field.

Author: Bruce H. Young
Publisher:
ISBN:
Category : Counseling
Languages : en
Pages : 200

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Book Description

Author: Jan Klabbers
Publisher: Cambridge University Press
ISBN: 1107245168
Category : Law
Languages : en
Pages :

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Book Description
This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.