ISBN:
9789067048828
Language:
English
Pages:
Online-Ressource (digital)
Series Statement:
SpringerLink
Series Statement:
Bücher
Parallel Title:
Buchausg. u.d.T. De Guttry, Andrea International Disaster Response Law
Keywords:
Law
;
Law
;
Aufsatzsammlung
;
Katastrophe
;
Katastrophenschutz
;
Katastrophenmanagement
;
Internationales Recht
Abstract:
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{u2019}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 ana ...
Abstract:
With a Foreword by Kristalina Georgieva, European Commissioner for International Cooperation, Humanitarian Aid and Crisis ResponseOver 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 communitys 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 prac
Description / Table of Contents:
International DisasterResponse Law; Foreword; Preface and Acknowledgments; Contents; Abbreviations; Contributors; Part I Positioning International Disaste rResponse Law Within Existing International Law; 1 Surveying the Law; Abstract; 1.1…Introductory Remarks and Purpose of the Paper; 1.2…Definition of Relevant Terms; 1.3…The Codification of IDRL: (a) Bilateral Agreements; 1.4…The Codification of IDRL: (b) Regional and Subregional Agreements; 1.4.1 American Continent: Continental-Level Agreements; 1.4.2 Arctic and Antarctic Regions; 1.4.3 Asia; 1.4.4 Pacific Islands
Description / Table of Contents:
1.4.5 The African Continent and its Subregions1.4.6 The Commonwealth of Independent States Region; 1.4.7 The European Continent; 1.5…The Codification of IDRL: (c) Universal Agreements; 1.6…Major Findings from Surveying IDRL: Gaps, Overlapping, and Inconsistencies; References; 2 International Disaster Response Law in Relation to Other Branches of International Law; Abstract; 2.1…Introduction; 2.2…State Sovereignty, Non-Intervention, and Consent; 2.3…IDRL and Human Rights Law; 2.4…IDRL and International Humanitarian Law
Description / Table of Contents:
2.5…Principles of Humanitarian Assistance as Applicable to Disaster Response2.6…The Role of Soft Law; 2.7…Disaster-Induced Migration: The Case for Non-Refoulement; 2.8…IDRL and Global Health Law: A Parallel Development; 2.9…IDRL and Environmental Law: A Synergy for Disaster Prevention; 2.10…Strategies for Disaster Risk Reduction Within the Millennium Development Goals; 2.11…Conclusions; References; 3 The Works of the International Law Commission on 'Protection of Persons in the Event of Disasters'. A Critical Appraisal; Abstract; 3.1…Introductory Remarks
Description / Table of Contents:
3.2…The Concept of Protection of Persons: A Human Rights-Based Approach?3.3…A Missed Opportunity: The Failure to Recognize the Right to Humanitarian Assistance for Victims of Disasters; 3.4…International Cooperation and the Role Assigned to the International Community; 3.5…Final Remarks; References; 4 Nuclear Accidents and International Law; Abstract; 4.1…Introduction; 4.2…Nuclear Safety and Nuclear Security; 4.2.1 Nuclear Safety; 4.2.2 Nuclear Security; 4.3…Emergency Preparedness and Response; 4.4…Liability for Nuclear Damage; 4.5…Conclusions; Part II The EU Legal Framework
Description / Table of Contents:
5 EU Disaster Response Law: Principles and InstrumentsAbstract; 5.1…Origin and Historical Development of Civil Protection Cooperation at the European Level; 5.2…Civil Protection After the Treaty of Lisbon; 5.2.1 The Solidarity Clause (Article 222 TFEU); 5.2.1.1 Origin of the Solidarity Clause; 5.2.1.2 Scope of the Solidarity Clause; 5.2.1.3 Legal Effects Stemming from Article 222 TFEU; 5.2.1.4 The Implementing Arrangements; 5.2.2 The New Competence in the Area of Civil Protection Under Article 196 TFEU; 5.3…The Existing Legal and Operational Framework: The Civil Protection Mechanism
Description / Table of Contents:
5.4…Strengthening a European Response to Disasters within the Union: From the Barnier Report to the 2011 Proposal for a New Union Civil Protection Mechanism
Note:
Description based upon print version of record
DOI:
10.1007/978-90-6704-882-8
URL:
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