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Research Handbook on Climate Disaster Law

Barriers and Opportunities

9781786430021 Edward Elgar Publishing

Research Handbooks in Climate Law series

Edited by Rosemary Lyster, Professor of Climate and Environmental Law, The University of Sydney Law School, Australia and Co-Director of the Australian Centre for Climate and Environmental Law and Robert R.M. Verchick, Gauthier-St. Martin Chair in Environmental Law, Loyola University New Orleans, Senior Fellow in Disaster Resilience Leadership, Tulane University, US

Publication Date: 2018 ISBN: 978 1 78643 002 1 Extent: 416 pp

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.

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Climate change has thrust us into a “no-analog” future in which climate disasters threaten to cause extraordinary damage, with little precedent to guide policymakers and private actors. Addressing such risks requires a firm grounding in disaster risk reduction, climate change policy, and environmental law. This Research Handbook provides readers with that integrated foundation, investigating topics in international law as well as domestic programs from countries around the world. Because climate disasters affect both government and non-government actors, the Research Handbook covers issues of both public and private law.

We know from the scientific literature and recent experience that the laws addressing natural disasters are insufficient to confront disasters amplified by climate change. The Research Handbook acknowledges that the majority of disasters are susceptible in some way to changes in the earth’s climate and explores the barriers to, and opportunities for, finding legal solutions to the risks posed by such disasters. It shows that climate change must be considered in order to fully understand disaster risk and the respective legal and policy responses.

The Research Handbook also emphasizes the moral responsibility we have to move as quickly as possible to create a carbon-free economy.

This work will be of great appeal to legal scholars, practitioners, and policymakers who are interested in environmental law or climate change as it relates to international and domestic law and policy.

Critical Acclaim

‘As the global community struggles to reduce emissions to avoid the worst impacts of human induced climate change, climate disaster law is emerging as a new area of climate law that demands the attention of academics, policymakers and practicing lawyers alike. This book offers critical insights on the key climate issues we will have to contend with in years to come; the scale of which will largely depend on our collective effort to mitigate those issues today!’
– Meinhard Doelle, Dalhousie University, Canada

Contributors

Contributors: C.A. Arnold, C. Bakker, M. Burkett, J.Copeland Nagle, M.S. Donald, J.D. Echeverria, D.A. Farber, M. Faure, M.B. Gerrard, Q. He, R. Kundis Craig, S.S. Kuo, D.A. Kysar, R. Lyster, T. Parejo-Navajas, J. Peel, L. Rajamani, S. Shapiro, T. Stephens, L.G. Sun, K. Tracy, R.R.M. Verchick, J. Verschuuren, R.H. Weaver

Contents

Contents:

Introduction to the Research Handbook on Climate Disaster Law
Rosemary Lyster and Robert R. M. Verchick

PART I INTERNATIONAL LAW AND CLIMATE DISASTERS
1. Wishful Thinking? The Governance of Climate Change-Related Disasters in the Anthropocene
Tim Stephens

2. The Principle of Common But Differentiated Responsibilities and Respective Capabilities In the International Climate Change Regime
Lavanya Rajamani

3. The Evolving Nature of Sovereignty in the Context of Climate Change
Christine Bakker

4. International Environmental Law and Climate Disasters
Jacqueline Peel

5. Climate-induced displacement and climate disaster law: Barriers and Opportunities
Rosemary Lyster and Maxine Burkett

PART II PUBLIC LAW AND CLIMATE DISASTERS
6. Governance Principles and Climate Disasters: Constitutional and Administrative Law Issues
Daniel A. Farber

7. Disaster Law and Order
Lisa Grow Sun

8. Occupational Health and Safety Law
Sidney Shapiro and Katherine Tracy

PART III ENVIRONMENTAL LAW AND CLIMATE DISASTERS
9. Adaptive Law
Craig Anthony (Tony) Arnold

10. Planning for Climate Change Disaster
Robert R. M. Verchick

11. Building and Construction Law
Teresa Parejo-Navajas and Michael B. Gerrard

12. The Uneasy Case for Disaster Buyouts
Susan S. Kuo

13. Water Law and Climate Disasters
Robin Kundis Craig

14. Protecting the Power Grid from Climate Disasters
Rosemary Lyster and Robert R. M. Verchick

15. The Law of the Polar Bear
John Copeland Nagle

16. Agriculture, Climate disasters, and the Law
Jonathan Verschuuren

PART IV PRIVATE LAW AND CLIMATE DISASTERS
17. Tort Law and Normative Rupture
R. Henry Weaver and Douglas A. Kysar

18. Climate Change and Property Law
John D. Echeverria

19. Private Law and Climate Disasters: Insurance Law
Michael Faure and Qihao He

20. Climate Change and Fiduciary Investors: Weathering a Disaster Scenario
M. Scott Donald

Index