Journal of Geography  & Natural Disasters

Journal of Geography  & Natural Disasters
Open Access

ISSN: 2167-0587

+44-77-2385-9429

Editorial - (2013) Volume 3, Issue 2

The Role of Law in Disaster Management

Michael Eburn*
ANU College of Law, The Australian National University, Australia
*Corresponding Author: Michael Eburn, ANU College of Law, The Australian National University, Australia, Tel: 02 6125 6424 Email:

Planning for the impact of hazards is largely seen as an issue of risk management, where risk is assessed as the likelihood of an event occurring multiplied by the potential consequences. The higher the probability of an event, and the more serious the consequences, the more action should be taken to reduce the impact by various human, scientific and technical actions that are intended to increase resilience.

A critical factor both in creating and reducing vulnerability to hazards is the law. Law is a tool that reflects, reinforces and creates societal norms and expectations. It may be used to facilitate power sharing or it can reinforce the ability of those with power to exercise and enjoy it at the expense of others. Systems of land use tenure for example, my ensure that the poor remain on the most hazard prone lands perhaps working that land for the benefit of land owners who may be well removed from any risk. Law can be, and is, used to define who can make decisions on behalf of communities and how governments and their agencies will respond to protect their population in times of crises.

International law recognises the primary obligation of states to protect the rights of disaster-affected populations [1] including the right to life [2] and economic support [3]. Vulnerable populations can use law to demand that internationally recognised rights are protected [4] and states may use law to bring pressure on their neighbours to provide, or accept, adequate post disaster assistance [5]. Domestic laws may be used to require those that create hazards, or vulnerability, to account to those affected and to make good the damage caused [6].

Law, in all its forms, can both reduce and increase vulnerability. Studying how law as a discipline, as well how specific laws, affect vulnerability and resilience should be considered an essential part of disaster risk reduction but it is a field of study that is largely overlooked or seen only as ‘part of the problem’ rather than ‘part of the solution’.

The Journal of Geography and Natural Disasters is a multi-discipline journal looking reporting research that identifies how hazards impact human populations and how the risk posed by natural hazards may be mitigated. As part of the Journal’s objectives, it is hoped that scholars will consider how the law contributes to both vulnerability and resilience. Actions to identify necessary law reform will go a long way to assisting local governments to build community resilience and reduce the impact of natural hazards.

References

  1. United Nations General Assembly (1991) Strengthening of the Coordination of Humanitarian Emergency Assistance of the United Nations. 78th Plenary Meeting.
  2. United Nations (1966) International Covenant on Civil and Political Rights, G.A. Res 2200A (XXI) Of 16 December 1966, Entry into Force 23 March 1976, in Accordance With Article 49.
  3. United Nations (1966b) International Covenant on Economic, Social and Cultural Rights.
  4. Handmer J, Monson R (2004) Does A Rights Based Approach Make A Difference? The Role of Public Law in Vulnerability Reduction. IJMED 22: 43-59.
  5. Eburn M (2010) Australia's International Disaster Response - Laws, Rules and Principles.
Citation: Eburn M (2013) The Role of Law in Disaster Management. J Geogr Nat Disast 3:e113.

Copyright: © 2013 Eburn M. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
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