Climate Change, Resulting Natural Disasters and the Legal Responsibility of States

Climate Change, Resulting Natural Disasters and the Legal Responsibility of States
Author: Alexandra Birchler
Publisher: Intersentia
Total Pages: 0
Release: 2020
Genre: Climatic changes
ISBN: 9781839700309

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.

Managing Children in Disasters

Managing Children in Disasters
Author: Jane A. Bullock
Publisher: CRC Press
Total Pages: 371
Release: 2010-12-03
Genre: Law
ISBN: 1439837678

Each year, disasters such as house fires, car accidents, tsunamis, earthquakes, and hurricanes impact hundreds of thousands of children. Child victims can suffer disproportionately and the physical and psychological damage sustained can far outweigh the same effects in adults, often requiring years of therapy. Sadly, emergency planners to date have

Research Handbook on Disasters and International Law

Research Handbook on Disasters and International Law
Author: Susan Carolyn Breau
Publisher:
Total Pages: 0
Release: 2016
Genre: Disaster relief
ISBN: 9781784717391

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

Research Handbook on Disasters and International Law

Research Handbook on Disasters and International Law
Author: Marie Aronsson-Storrier
Publisher: Edward Elgar Publishing
Total Pages: 529
Release: 2024-09-06
Genre: Law
ISBN: 1803924217

This thoroughly revised second edition investigates the role of international law in preventing, preparing for and responding to both ‘sudden’ and ‘slow-onset’ disasters. With both revised and entirely new chapters, this Research Handbook explores international law in light of significant contemporary global challenges and developments in theory, law, and practice.

Children and Disasters

Children and Disasters
Author: Professor United States Congress
Publisher: Createspace Independent Publishing Platform
Total Pages: 222
Release: 2018
Genre:
ISBN: 9781983455247

Children and disasters a progress report on addressing needs: hearing before the Ad Hoc Subcommittee on Disaster Recovery of the Committee on Homeland Security and Governmental Affairs, United States Senate, One Hundred Eleventh Congress, first session, De[c]ember 10, 2009.

Children and Disasters

Children and Disasters
Author: Eric S. Walker
Publisher:
Total Pages: 0
Release: 2012
Genre: Child welfare
ISBN: 9781614706977

Children represent nearly 25 percent of our population. Consider that on any given weekday, 6.7 million children are in schools and child care, a time when children are most vulnerable because they are away from their families. Yet, only a handful of States require basic school evacuation and family reunification plans. The Strategic National Stockpile, intended to provide the public with medicine and medical supplies in the event of a public health emergency, is woefully under-stocked with medical countermeasures for children. This book examines existing capabilities that can and should be built upon to integrate children into preparedness, planning, response, and recovery. Meeting the needs of children in disaster planning and management is a national responsibility lacking not only sufficient funding, but also a pervasive concern, a sustained will to act, and a unifying force.

Mainstreaming Children's Rights in Post-Disaster Settings

Mainstreaming Children's Rights in Post-Disaster Settings
Author: Jonathan Todres
Publisher:
Total Pages: 0
Release: 2012
Genre:
ISBN:

In recent years, major natural disasters -- ranging from the 2004 Indian Ocean tsunami to the 2010 Haiti earthquake -- have challenged the global community to ensure the survival and well-being of millions of individuals under the most difficult circumstances. Each of these natural disasters has created crisis spots with huge numbers of displaced individuals, including many children. The international community has struggled to deliver the resources needed to ensure a prompt and full recovery. In these settings, the challenges confronting children are particularly acute. Yet frequently children are marginalized and underserved by disaster response and reconstruction efforts. This symposium article examines the special circumstances facing children in post-disaster settings and the legal protections in place to ensure their rights and well-being. It seeks to draw attention to the lack of accounting for children's rights and suggest a framework for overcoming this failure -- children's rights mainstreaming The article begins by examining prevailing conceptions of children in post-disaster settings. It then reviews the existing legal framework to protect children following a natural disaster. This examination of current law unveils significant gaps in protections for children when they most need assistance: humanitarian law does not apply in the absence of armed conflict; human rights law has important limitations; and international disaster relief law is in a nascent stage. In the final section, this article proposes the mainstreaming of children's rights in post-disaster relief and reconstruction efforts in order to better ensure the rights and well-being of children and the longterm development of their communities.

Focusing on Children and Disasters

Focusing on Children and Disasters
Author: United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs. Ad Hoc Subcommittee on Disaster Recovery
Publisher:
Total Pages: 128
Release: 2010
Genre: Law
ISBN:

National Commission on Children and Disasters

National Commission on Children and Disasters
Author: National Commission on Children and Disasters (U.S.)
Publisher:
Total Pages: 18
Release: 2010
Genre: Legislation
ISBN:

The National Commission on Children and Disasters is a bipartisan, independent body created under federal law (P.L.110-161) to assess children's needs as they relate to preparation for, response to and recovery from all hazards, including major disasters and emergencies. The Commission is required to report its findings and recommendations to the President and Congress. On October 14, 2009, the Commission delivered an Interim Report to President Obama and Congress. This follow-up report represents the Commission's desire to track relevant federal agency progress at a point mid-way between the Interim Report and the delivery of its next report in October 2010. In February 2010, Commission Chairperson Mark Shriver sent an official request for a status update and a response template (see Appendix A) to the Secretaries of the Department of Homeland Security/FEMA, Department of Health and Human Services, Department of Education, Department of Housing and Urban Development, Department of Justice and Department of Defense. All agencies responded. The Commission reviewed each response and sought follow-up information or clarification from agencies when necessary. As agencies move forward, it is important for them to develop measurable goals to guide implementation efforts and to facilitate better accountability for their progress. In the seven months since the delivery of the Interim Report, federal agencies have taken positive steps to implement the Commission's recommendations, but bold and swift action is needed to achieve and sustain the desired outcomes of the Commission. One would presume that H1N1 and recent disasters in American Samoa and Haiti, where children make up an exceptionally large portion of the population, coupled with the forecast of a severe hurricane season beginning June 1, would motivate the federal government to adopt a more proactive and urgent approach to protect children. The status quo is unacceptable and children - 25% of our population - cannot continue to remain needlessly vulnerable. At this stage, it is abundantly clear that a National Strategy for Children and Disasters is required to command better integration, coordination and outcomes from within the White House and across the spectrum of federal agencies and state, Tribal, local, community and non-governmental partners. The Interim Report provided a blueprint. In many instances, critical recommendations in the Interim Report remain substantially unaddressed, leaving children vulnerable in disasters. Only a charge of urgency and innovation from the President, Cabinet members and leaders in Congress will bring about the changes and achievement necessary to meet the unique needs of children. The Commission unanimously approved this report on May 11, 2010.