16 mars 2017

OUVRAGE : A. Herwig, M. Simoncini (eds.), Law and the Management of Disasters: The Challenge of Resilience


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.


Marta Simoncini, Alexia Herwig, Underpinning the Role of Law in Disaster Resilience

Part I. Risk Assessment in the Light of Resilience
1. Sara Bouchon, Carmelo Dimauro, Multi-Risk Analysis: A New Paradigm for Territorial Resilience,
2. John Downer, Resilience in Retrospect: Interpreting Fukushima’s Disappearing Consequences
3. Mónika Ambrus, Resilience and International (Quasi-)Judicial Bodies in Water Cases: An Uneasy Relationship?
Part II. Risk Regulation under Resilience
4. Marta Simoncini, Disaster Risk Regulation in the European Union. The Path to Resilience
5. Preben H Lindøe, Risk Regulation and Resilience in Offshore Oil and Gas Operation
6. Carmelo Dimauro, Smart Cities and the Challenge of Resilience
Part III. Disaster Relief and Resilience
7. Alexia Herwig, Resilience and Responsibility in International Law: The Achievements of the Sendai Framework through the Example of Climate Change
8. Jonathan Joseph, Governing from a Distance: European Union Foreign Policy and Resilience Building
9. David A Trissell, Resilience Strategy in the United States. Incentivizing Resilient Practices and Behaviour
Part IV. In the aftermath. Towards resilient recovery
10. Xenophon Contiades, Alkmene Fotiadou, The Resilient Constitution: Lessons from the Financial Crisis
11. Monika Hinteregger, Tort Law as an Instrument for the Prevention and Remediation of Catastrophic Harm
12. Michael Faure, Tobias Heldt, Resilient Compensation Mechanisms. The Role of Government Intervention in the Insurance of Catastrophic Risks
Emanuele Sommario, One Law to Bind them All: International Law and Disaster Resilience

Alexia HERWIG, Marta SIMONCINI (ed.), Law and the Management of Disasters: The Challenge of Resilience, Oxford, Routledge, 2017 (280 pp.)

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