Ethics Law And Natural Hazards

This book argues that the international community has a moral duty to intervene on behalf of a population affected by a natural hazard when their government is either unable or unwilling to provide basic, life-saving assistance. The work draws on law, international relations theory, and political philosophy to articulate that non-response to a natural hazard is unethical. In providing policy suggestions the author articulates what should happen based on an ethical analysis. Readers will thus gain an ethical lens with which to view intervention in the aftermath of a natural hazard. The book encourages readers to consider the nuances of arguments from various disciplines about whether or not intervention is appropriate. Whilst arguing throughout that an intervention policy in response to natural hazards should be developed by the international community, the study also accounts for why intervention should only be used in very limited situations. This interdisciplinary approach makes the book essential reading for researchers, academics and policy-makers working in the areas of international law, humanitarian studies, human rights, international relations and political science.

This Open Access Book is the first to examine disasters from a multidisciplinary perspective. Justification of actions in the face of disasters requires recourse both to conceptual analysis and ethical traditions. Part 1 of the book contains chapters on how disasters are conceptualized in different academic disciplines relevant to disasters. Part 2 has chapters on how ethical issues that arise in relation to disasters can be addressed from a number of fundamental normative approaches in moral and political philosophy. This book sets the stage for more focused normative debates given that no one book can be completely comprehensive. Providing analysis of core concepts, and with real-world relevance, this book should be of interest to disaster scholars and researchers, those working in ethics and political philosophy, as well as policy makers, humanitarian actors and intergovernmental organizations..

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.

This book provides a current analysis of the legal and ethical challenges in preparing for and responding to chemical, biological, radiological, nuclear and explosive (CBRNE) crises. From past events like the Chernobyl nuclear incident in Russia or the Bhopal chemical calamity in India, to the more recent tsunami and nuclear accident in Japan or the Ebola crisis in Africa, and with the on-going threat of bioterrorism, the need to be ready to respond to CBRNE crises is uncontroversial. What is controversial is whether we are on a path that adequately prepares us for the next event. The ethical and legal scholars in this volume hold that much work remains to be done and offer this book to stimulate further reflection and dialogue around CBRNE crises. This is an indispensable book for both students and scholars of bioethics, international law, public health, as well as for regulators and administrators developing policy and legislation related to public health planning and emergency responses.

Disaster losses in the context of natural hazards continue to rise, despite a growing understanding of disaster risks and measures to reduce them. One obstacle to enhancing private and public disaster risk reduction is the influence of the distorted risk perception of laypeople. The book argues for the necessity of public regulations and explores means to mitigate the consequences of such distorted risk perception through legal measures and adjustments to political decision-making in Council of Europe member states, while respecting the value of autonomy and democratic principles. In terms of collective decision-making, the book advocates for the implementation of deliberative fora in the democratic decision-making process to mitigate the influence of distorted risk perception associated with natural hazards. Additionally, the book discusses a range of disaster risk reducing measures that member states may lawfully implement to protect individuals and communities from the consequences of distorted risk perceptions related to common natural hazards. To underscore the merits of strengthening disaster risk reduction from the bottom-up, this book demonstrates how fundamental rights and democratic values impede attempts to increase DRR from the top-down, even in cases where people's risk perceptions are distorted. In doing so, the book addresses the issue of disaster risk reduction in a novel way by exposing how legal and political barriers to disaster loss reduction can be overcome by giving higher priority to mitigating distorted risk perceptions.

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.

Taking natural disaster as the political and legal norm is uncommon. Taking a person who has become unstable and irrational during a disaster as the starting point for legal analysis is equally uncommon. Nonetheless, in Law in Crisis Ruth Miller makes the unsettling case that the law demands an ecstatic subject and that natural disaster is the endpoint to law. Developing an idiosyncratic but compelling new theory of legal and political existence, Miller challenges existing arguments that, whether valedictory or critical, have posited the rational, bounded self as the normative subject of law. By bringing a distinctive, accessible reading of contemporary political philosophy to bear on source material in several European and Middle Eastern languages, Miller constructs a cogent analysis of natural disaster and its role in modern subject formation. In the process, she opens up exciting new lines of inquiry in the fields of law, politics, and gender studies. Law in Crisis represents a promising new development in the interdisciplinary study of law.

Located at the intersection of international environmental and disaster law, this edited volume explores how environmental law approaches might be employed to reduce disaster risk, and how evolving policy tools for natural disasters influence environmental regimes focused on manmade risks.