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The Routledge Handbook of Human Rights and Disasters provides the first comprehensive review of the role played by international human rights law in the prevention and management of natural and technological disasters. Each chapter is written by a leading expert and offers a state-of-the-art overview of a significant topic within the field. In addition to focussing on the role of human rights obligations in disaster preparedness and response, the volume offers a broader perspective by examining how human rights law interacts with other legal regimes and by addressing the challenges facing humanitarian organizations. Preceded by a foreword by the International Law Commission’s Special Rapporteur on the Protection of Persons in the Event of Disasters, the volume is divided into four parts: Part I: Human rights law and disasters in the framework of public international law Part II: Role and application of human rights law in disaster settings Part III: (Categories of) rights of particular significance in a disaster context Part IV: Protection of vulnerable groups in disaster settings Providing up-to-date and authoritative contributions covering the key aspects of human rights protection in disaster settings, this volume will be of great interest to scholars and students of humanitarianism, international law, EU law, disaster management and international relations, as well as to practitioners in the field of disaster management.
Human Rights and Disasters provides a comprehensive analysis of the positive obligations of States under human rights law and their potential to improve protection against disasters. Silvia Venier examines the practice of international and regional human rights supervising authorities to identify emerging positive obligations and recommendations and explores how such duties interact with other applicable norms of international law in different disaster settings.
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..
The mass violence of the twentieth century’s two world wars—followed more recently by decentralized and privatized warfare, manifested in terrorism, ethnic cleansing, and other localized forms of killing—has led to a heightened awareness of human beings’ vulnerability and the precarious nature of the institutions they create to protect themselves from violence and exploitation. This vulnerability, something humans share amid the diversity of cultural beliefs and values that mark their differences, provides solid ground on which to construct a framework of human rights. Bryan Turner undertakes this task here, developing a sociology of rights from a sociology of the human body. His blending of empirical research with normative analysis constitutes an important step forward for the discipline of sociology. Like anthropology, sociology has traditionally eschewed the study of justice as beyond the limits of a discipline that pays homage to cultural relativism and the “value neutrality” of positivistic science. Turner’s expanded approach accordingly involves a truly interdisciplinary dialogue with the literature of economics, law, medicine, philosophy, political science, and religion.
Extreme weather events, such as cyclones and hurricanes, are increasing in their frequency and intensity. This increase has been scientifically linked to global warming, which is induced by anthropogenic climate change. This phenomenon is disproportionately affecting developing States, such as the Caribbean and Pacific Islands, even though they are not contributing to climate change to the same extent as developed States or emerging markets, and having a devastating effect on people and their livelihoods. This book examines two critical aspects of this situation, to which no specific, singular source in public international law is applicable or responsible. This book first examines the manner in which public international law, in particular international environmental law and customary public international law, is applicable to the question of funding for reconstruction and early warning systems by developed States and emerging markets. As the intensity and frequency of these events increases, so does the requirement for funding, with the aim of improving vulnerable States resilience to climate-related devastation. While there are several schemes in place in order to secure funding for either early warning systems or postdisaster reconstruction, such as donations or insurance solutions, there is no specific instrument in public international law that deals with the question of whether developed States and emerging markets have an obligation to financially assist disaster-prone developing States with regard to the establishment of early warning systems and reconstruction in the wake of natural disasters. This book also analyses the right to receive humanitarian assistance and the State's obligation to provide early warning. In the aftermath of a calamitous event, the victims are largely dependent on the Sate and its capacity to organise and accept, if necessary, international humanitarian assistance. If the affected State refuses to do so, the consequences for the victims can be disastrous. With regard to humanitarian assistance, the book focuses on the application of human rights law on the international as well as regional levels, such as the African human rights system for example. In addition, the book outlines the doctrine of the responsibility to protect in this context and its practical limits in particular. As concerns the question of whether there is an obligation to provide early warning, this is assessed through an analysis of the case law of the European Court of Human Rights, also taking into account the jurisprudence of the Inter-American Human Rights system. Throughout its discussion of legal responsibility under international law resulting from climate change-induced natural disasters, this book takes into account the new developments around the International Law Commission's project on the "Protection of Persons in the Event of Disasters", which is now considered for treaty adoption.
"Human security" is an approach that rejects the traditional prioritization of state security, and instead identifies the individual as the primary referent of security. It offers a way of broadening our perspective, and recognizing that the most pressing threats to individuals do not come from interstate war, but from the emergencies that affect people every day, such as famine, disease, displacement, civil conflict and environmental degradation. Human security is about people living their lives with dignity, being free from "fear" and "want". To date, there has been a strong tendency to focus on insecurity caused by civil conflict, with less attention on issues to do with environmental security. This volume addresses the threat posed by natural disasters, which represent an increasingly major human security threat to people everywhere. In looking at natural disasters, this book also refines the human security approach. It does so through developing its previously unexplored interdisciplinary potential. This volume explicitly seeks to bring the human security approach into conversation with contributions from a range of disciplines: development, disaster sociology, gender studies, international law, international relations, philosophy, and public health. Collectively these scholars unpack the "human" element of "natural" disasters. In doing so, an emphasis is placed on how pre-existing vulnerabilities can be gravely worsened, as well as the interconnected nature of human security threats. The book presents a variety of case studies that include the Indian Ocean tsunami, Hurricane Katrina, the 2010 Haiti earthquake, and the 2011 "triple disasters" in Japan.
Introduction / Susan C. Breau and Katja L.H. Samuel -- Global capitalism and the crisis of the public interest - sleepwalking into diaster / Christopher Newdick -- Closing 'the yawning gap'? International disaster response law at fifteen / Kiresten Nakjavani Bookmiller -- Responses by states / Susan C. Breau -- Human rights and natural disasters / Kristian Cedervall Lauta -- Adverse human agency and disasters : a role for international criminal law? / Evelyne Schmid -- The international humanitarian law framework for humanitarian relief during armed conflicts and complex emergencies / Tilman Rodenhäuser and Gilles Giacca -- Disasters, international environmetal law and the Antropocene / Tim Stephens -- Sustainable development and disasters / Tahmina Karimova -- Disasters and international trade and investment law - the state's regulatory autonomy between risk protection and exception justification / Leïla Choukroune -- Responses by private corporations / Stefano Silingardi -- An evolving role for law and policy in addressing food security before, during and after a disaster / Anastasia Telesetsky -- Security implications of conflicts, crises and disasters in the international energy industry : legal and policy considerations / Tade Oyewunmi -- Water security / Ha Le Phan and Inga T. Winkler -- Tackling water contamination : development, human rights and disaster risk reduction / Marie Aronsson-Storrier and Haythem Salama -- The International law of wildfires / Michael Eburn -- Displacement in the context of disasters and adverse effects of climate change / Walter Kälin and Hannah Entwisle Chapuisat -- The protection of vulnerable groups / Mary Crock -- Disasters causd in cyberspace / James A. Green -- National contingency planning / Simon Whitbourn -- A duty of solidarity? The International law commission's draft articles and the right to offer assistance in disasters / Therese O'Donnell and Craig Allan -- Building resilience in post-conflict disaster contexts : children and transitional justice / Alison Bisset -- Dispute settlement in the aftermath of disasters / Lawrence Hill-Cawthorne
Climate Change, Disasters and the Refugee Convention is concerned with refugee status determination (RSD) in the context of disasters and climate change. It demonstrates that the legal predicament of people who seek refugee status in this connection has been inconsistently addressed by judicial bodies in leading refugee law jurisdictions, and identifies epistemological as well as doctrinal impediments to a clear and principled application of international refugee law. Arguing that RSD cannot safely be performed without a clear understanding of the relationship between natural hazards and human agency, the book draws insights from disaster anthropology and political ecology that see discrimination as a contributory cause of people's differential exposure and vulnerability to disaster-related harm. This theoretical framework, combined with insights derived from the review of existing doctrinal and judicial approaches, prompts a critical revision of the dominant human rights-based approach to the refugee definition.