Disasters raise serious challenges for contemporary legal orders: they demand significant management, but usually amidst massive disruption to the normal functioning of state authority and society. When dealing with disasters, law has traditionally focused on contingency planning and recovery. More recently, however, ‘resilience’ has emerged as a key concept in effective disaster management policies and strategies, aiming at minimising the impact of events, so that the normal functioning of society and the state can be preserved. This book analyses the contribution of law to resilience building by looking at law’s role in the different phases of the disaster regulatory process: risk assessment, risk management, emergency intervention, and recovery. More specifically, it addresses how law can effectively contribute to resilience-oriented distaster management policies, and what legal instruments can support effective resilience-building.
Underpinning the Role of Law in Disaster Resilience, Marta Simoncini and Alexia Herwig Part I Risk Assessment in the Light of Resilience 1. Multi-Risk Analysis: A New Paradigm for Territorial Resilience, Sara Bouchon and Carmelo Dimauro 2. Resilience in Retrospect: Interpreting Fukushima’s Disappearing Consequences, John Downer 3. Resilience and International (Quasi-)Judicial Bodies in Water Cases: An Uneasy Relationship?, Mónika Ambrus Part II Risk Regulation under Resilience 4. Disaster Risk Regulation in the European Union. The Path to Resilience, Marta Simoncini 5. Risk Regulation and Resilience in Offshore Oil and Gas Operation, Preben H Lindøe 6. Smart cities and the challenge of resilience, Carmelo Dimauro Part III Disaster Relief and Resilience 7. Resilience and Responsibility in International Law: The Achievements of the Sendai Framework through the Example of Climate Change, Alexia Herwig 8. Governing from a Distance: European Union Foreign Policy and Resilience Building, Jonathan Joseph 9. Resilience Strategy in the United States. Incentivizing Resilient Practices and Behaviour, David A Trissell Part IV In the aftermath. Towards resilient recovery 10. The Resilient Constitution: Lessons from the Financial Crisis, Xenophon Contiades and Alkmene Fotiadou 11. Tort law as an Instrument for the Prevention and Remediation of Catastrophic Harm, Monika Hinteregger 12. Resilient Compensation Mechanisms. The Role of Government Intervention in the Insurance of Catastrophic Risks, Michael Faure and Tobias Heldt Conclusions - One Law to Bind them All: International Law and Disaster Resilience, Emanuele Sommario
Traditionally, the role of law has been to implement political decisions concerning the relationship between science and society. Increasingly, however, as our understanding of the complex dynamic between law, science and society deepens, this instrumental characterisation is seen to be inadequate, but as yet we have only a limited conception of what might take its place. In short, there is a need for new research and scholarship, and it is to that need that this series responds.