Law And Catastrophe
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Law And Catastrophe
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Author : Austin Sarat
language : en
Publisher: Stanford University Press
Release Date : 2007-06-18
Law And Catastrophe written by Austin Sarat and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-06-18 with Law categories.
The study of catastrophe is a growth industry. Today, cosmologists scan the heavens for asteroids of the kind that smashed into earth some ninety million years ago, leading to the swift extinction of the dinosaurs. Climatologists create elaborate models of the chaotic weather and vast flooding that will result from the continued buildup of greenhouse gases in the planet's atmosphere. Terrorist experts and homeland security consultants struggle to prepare for a wide range of possible biological, chemical, and radiological attacks: aerated small pox virus spread by a crop duster, botulism dumped into an urban reservoir, a dirty bomb detonated in a city center. Yet, strangely, law's role in the definition, identification, prevention, and amelioration of catastrophe has been largely neglected. The relationship between law and other limiting conditions—such as states of emergency—has been the subject of rich and growing literature. By contrast, little has been written about law and catastrophe. In devoting a volume to the subject, the essays' authors sketch the contours of a relatively fresh, yet crucial, terrain of inquiry. Law and Catastrophe begins the work of developing a jurisprudence of catastrophe.
Disaster Law
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Author : Kristian Cedervall Lauta
language : en
Publisher: Routledge
Release Date : 2014-09-15
Disaster Law written by Kristian Cedervall Lauta and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-15 with Law categories.
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.
Law And The Management Of Disasters
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Author : Alexia Herwig
language : en
Publisher: Routledge
Release Date : 2016-12-01
Law And The Management Of Disasters written by Alexia Herwig and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-01 with Law categories.
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.
Research Handbook On Disasters And International Law
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Author : Marie Aronsson-Storrier
language : en
Publisher:
Release Date : 2024-09-28
Research Handbook On Disasters And International Law written by Marie Aronsson-Storrier and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-09-28 with Law categories.
This thoroughly revised second edition investigates the role of international law in preventing, preparing for and responding to both 'sudden' and 'slow-onset' disasters. Expert contributors take a new look at disasters and international law, covering key concepts such as disaster risk, frameworks which regulate response and recovery from a domestic and regional perspective, and questions concerning vulnerability and marginalisation. With both revised and entirely new chapters, this Research Handbook explores international law in light of significant contemporary global challenges and developments in theory, law and practice. It also reflects on the COVID-19 pandemic and the lessons learnt to implement change for future crises. The broad perspectives in this Research Handbook ensure this is an essential read for scholars and researchers of international law and disasters. Policymakers in the fields of law and development, as well as governance and regulation will also find this book to be a useful resource for future planning.
Compensating Catastrophe Victims
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Author : Véronique Bruggeman
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
Compensating Catastrophe Victims written by Véronique Bruggeman and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
This book shows that amelioration of the current compensation solutions for disaster victims is indeed a possibility. In a heated yet often poorly informed debate, it offers clarity and insights regarding the financial compensation for victims of catastrophes which, in addition to raising academic interest, are certain to help build a framework for future policymakers and lawmakers faced with shaping compensation programmes for catastrophe victims.
Catastrophe
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Author : Austin Sarat
language : en
Publisher: Univ of Massachusetts Press
Release Date : 2009
Catastrophe written by Austin Sarat and has been published by Univ of Massachusetts Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Disaster relief categories.
From 9/11 to Katrina, from Darfur to the Minnesota bridge collapse, ours is an age of catastrophe. In this era, catastrophic events seem to have a revelatory quality: they offer powerful reminders of the fragility of our social and institutional architectures, making painfully evident vulnerabilities in our social organization that were otherwise invisible. By disrupting the operation of fundamental mechanisms and infrastructures of the social order, they lay bare the conditions that make our sense of normalcy possible. At a time when societies are directing an unprecedented level of resources and ingenuity to anticipating and mitigating catastrophic events, Catastrophe: Law, Politics, and the Humanitarian Impulse examines the tests that catastrophe poses to politics and humanitarianism as well as to the law. It explores legal, political, and humanitarian responses during times when the sudden, discontinuous, and disastrous event has become, perhaps paradoxically, a structural component of our political imagination. It asks whether law, politics, and humanitarianism live up to the tests posed by disaster, and the role all of them play in creating a more resilient world. Taken together the essays in this book ask us to see through and beyond the myths that surround catastrophe and our responses to it. They ask us to rethink our understanding of catastrophe and to imagine new legal, political, and humanitarian responses. In addition to the editors, contributors include Thomas Birkland, Michele Landis Dauber, Kim Fortun, Edward Rackley, Peter Redfield, Peter H. Schuck, and Susan Sterett.
International Disaster Response Law
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Author : Andrea de Guttry
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-08-31
International Disaster Response Law written by Andrea de Guttry and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-31 with Law categories.
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.
Research Handbook On Climate Disaster Law
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Author : Rosemary Lyster
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-06-29
Research Handbook On Climate Disaster Law written by Rosemary Lyster and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-29 with Law categories.
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.
Disasters And The Law
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Author : Daniel A. Farber
language : en
Publisher: Aspen Law & Business
Release Date : 2006
Disasters And The Law written by Daniel A. Farber and has been published by Aspen Law & Business this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
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.
Catastrophe
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Author : Richard A. Posner
language : en
Publisher: Oxford University Press
Release Date : 2004-11-11
Catastrophe written by Richard A. Posner and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-11-11 with Law categories.
In this shocking work, Posner reveals to an unsuspecting public that catastrophic risks are much greater than is commonly appreciated.