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Research Handbook on Disasters and International Law
International law’s role in governing disasters is undergoing a formative period in its development and reach, in parallel with concerted efforts by the international community to respond more effectively to the increasing number and intensity of disasters across the world. This Research Handbook examines a broad range of legal regimes directly and indirectly relevant to disaster prevention, mitigation and reconstruction across a spectrum of natural and manmade disasters, including armed conflict.
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Critical Acclaim
Contributors
Contents
More Information
International law’s role in governing disasters is undergoing a formative period in its development and reach, in parallel with concerted efforts by the international community to respond more effectively to the increasing number and intensity of disasters across the world. This Research Handbook examines a broad range of legal regimes directly and indirectly relevant to disaster prevention, mitigation and reconstruction across a spectrum of natural and manmade disasters, including armed conflict.
The editors take a broad, encompassing approach to the concept of disaster, concluding that a new corpus of international disaster law may be emerging. Key contributions interweave a number of important themes from an international law perspective across a wide range of discrete topics as diverse as water, food and energy security, dispute settlement, protection of vulnerable groups, cyber terrorism, international criminal law, climate change migration and international economics and trade law. This comprehensive study makes an important contribution to international law scholarship governing disasters, which in the past has largely focused on disaster response and relief law.
The different perspectives incorporated in this Research Handbook are likely to appeal not only to students and academics, but equally to governmental, intergovernmental and non-governmental actors drawn across the crisis, conflict and disaster management sectors.
The editors take a broad, encompassing approach to the concept of disaster, concluding that a new corpus of international disaster law may be emerging. Key contributions interweave a number of important themes from an international law perspective across a wide range of discrete topics as diverse as water, food and energy security, dispute settlement, protection of vulnerable groups, cyber terrorism, international criminal law, climate change migration and international economics and trade law. This comprehensive study makes an important contribution to international law scholarship governing disasters, which in the past has largely focused on disaster response and relief law.
The different perspectives incorporated in this Research Handbook are likely to appeal not only to students and academics, but equally to governmental, intergovernmental and non-governmental actors drawn across the crisis, conflict and disaster management sectors.
Critical Acclaim
‘Relying on a stellar list of contributors, this Handbook attempts to define disasters and analyses whether existing international law instruments adequately respond to disaster events in a range of different scenarios. It goes further to interrogate the question of whether a new corpus of international disaster law is evolving and what form it is likely to take. As such, it makes a timely and expert contribution to the growing area of disaster law.’
– Rosemary Lyster, Sydney Law School, Australia
‘International disaster law is a field of growing importance in a world of rapid population growth and climate change. Breau and Samuel have assembled an impressive group of authors, and the broad coverage of the book will make it an invaluable addition to the literature on this vital topic.’
– Daniel Farber, University of California, Berkeley, US
– Rosemary Lyster, Sydney Law School, Australia
‘International disaster law is a field of growing importance in a world of rapid population growth and climate change. Breau and Samuel have assembled an impressive group of authors, and the broad coverage of the book will make it an invaluable addition to the literature on this vital topic.’
– Daniel Farber, University of California, Berkeley, US
Contributors
Contributors: C. Allan, M. Aronsson-Storrier, A. Bisset, S.C. Breau, K. Cedervall Lauta, L. Choukroune, M. Crock, M. Eburn, H. Entwisle Chapuisat, G. Giacca, J.A. Green, L. Hill-Cawthorne, W. Kälin, T. Karimova, H. Lê Phan, K. Nakjavani Bookmiller, C. Newdick, T. O’Donnell, T. Oyewunmi, T. Rodenhäuser, H. Salama, K.L.H. Samuel, E. Schmid, S. Silingardi, T. Stephens, A. Telesetsky, S. Whitbourn, I.T. Winkler
Contents
Contents:
1. Introduction
Susan C. Breau and Katja L.H. Samuel
2. Global Capitalism and the Crisis of the Public Interest – Sleepwalking Into Disaster
Christopher Newdick
3. Closing ‘The Yawning Gap’? International Disaster Response Law at Fifteen
Kirsten Nakjavani Bookmiller
4. Responses by States
Susan C. Breau
5. Human Rights and Natural Disasters
Kristian Cedervall Lauta
6. Adverse human agency and disasters: a role for international criminal law?
Evelyne Schmid
7. The international humanitarian law framework for humanitarian relief during armed conflicts and complex emergencies
Tilman Rodenhäuser and Gilles Giacca
8. Disasters, international environmental law and the Anthropocene
Tim Stephens
9. Sustainable Development and Disasters
Tahmina Karimova
10. Disasters and international trade and investment law – the state’s regulatory autonomy between risk protection and exception justification
Leïla Choukroune
11. Responses by private corporations
Stefano Silingardi
12. An evolving role for law and policy in addressing food security before, during and after a disaster
Anastasia Telesetsky
13. Security implications of conflicts, crises and disasters in the international energy industry: legal and policy considerations
Tade Oyewunmi
14. Water security
Hà Lê Phan and Inga T. Winkler
15. Tackling water contamination: Development, human rights and disaster risk reduction
Marie Aronsson-Storrier and Haythem Salama
16. The international law of wildfires
Michael Eburn
17. Displacement in the context of disasters and adverse effects of climate change
Walter Kälin and Hannah Entwisle Chapuisat
18. The Protection of Vulnerable Groups
Mary Crock
19. Disasters Caused in Cyberspace
James A. Green
20. National Contingency Planning
Simon Whitbourn
21. A Duty of Solidarity?: the International Law Commission’s Draft Articles and the right to offer assistance in disasters
Thérèse O’Donnell and Craig Allan
22. Building Resilience in Post-Conflict Disaster Contexts: Children and Transitional Justice
Alison Bisset
23. Dispute Settlement in the Aftermath of Disasters
Lawrence Hill-Cawthorne
Index
1. Introduction
Susan C. Breau and Katja L.H. Samuel
2. Global Capitalism and the Crisis of the Public Interest – Sleepwalking Into Disaster
Christopher Newdick
3. Closing ‘The Yawning Gap’? International Disaster Response Law at Fifteen
Kirsten Nakjavani Bookmiller
4. Responses by States
Susan C. Breau
5. Human Rights and Natural Disasters
Kristian Cedervall Lauta
6. Adverse human agency and disasters: a role for international criminal law?
Evelyne Schmid
7. The international humanitarian law framework for humanitarian relief during armed conflicts and complex emergencies
Tilman Rodenhäuser and Gilles Giacca
8. Disasters, international environmental law and the Anthropocene
Tim Stephens
9. Sustainable Development and Disasters
Tahmina Karimova
10. Disasters and international trade and investment law – the state’s regulatory autonomy between risk protection and exception justification
Leïla Choukroune
11. Responses by private corporations
Stefano Silingardi
12. An evolving role for law and policy in addressing food security before, during and after a disaster
Anastasia Telesetsky
13. Security implications of conflicts, crises and disasters in the international energy industry: legal and policy considerations
Tade Oyewunmi
14. Water security
Hà Lê Phan and Inga T. Winkler
15. Tackling water contamination: Development, human rights and disaster risk reduction
Marie Aronsson-Storrier and Haythem Salama
16. The international law of wildfires
Michael Eburn
17. Displacement in the context of disasters and adverse effects of climate change
Walter Kälin and Hannah Entwisle Chapuisat
18. The Protection of Vulnerable Groups
Mary Crock
19. Disasters Caused in Cyberspace
James A. Green
20. National Contingency Planning
Simon Whitbourn
21. A Duty of Solidarity?: the International Law Commission’s Draft Articles and the right to offer assistance in disasters
Thérèse O’Donnell and Craig Allan
22. Building Resilience in Post-Conflict Disaster Contexts: Children and Transitional Justice
Alison Bisset
23. Dispute Settlement in the Aftermath of Disasters
Lawrence Hill-Cawthorne
Index
