Sources of international disaster law: Focus on case law (2021)
| dc.contributor.author | Cubie, Dug | en |
| dc.date.accessioned | 2024-10-03T10:38:48Z | |
| dc.date.available | 2024-10-03T10:38:48Z | |
| dc.date.issued | 2023-04-13 | en |
| dc.description.abstract | As reported in last year’s volume of this Yearbook, in 2020 the International Federation of Red Cross and Red Crescent Societies (IFRC) launched a new IDL Database, which is a repository of a wide range of IDL texts covering international conventions, domestic legislation, academic and practitioner reports, as well as summaries of relevant judicial decisions which examine aspects of the intersection between law and disasters. Considering the increasing number of judicial cases which touch on the legal implications of disasters, this IDL in Practice section of the Yearbook will highlight a selection of relevant case law, decided during 2021, from a variety of jurisdictions. Understanding developments in domestic legal practice is important since courts and judges are increasingly exploring the modes of liability and legal consequences (both civil and criminal) arising from natural hazards and human-made disasters. Such decisions can supplement national disaster or emergency management legislation, and may also engage with regional or global IDL texts, as well as provide an insight into relevant State practice and interpretation of terms and concepts in the context of disasters. This is to be welcomed, as such judicial scrutiny will help to clarify and formalise the rights, responsibilities and obligations which arise in disasters. One can also hope that, as seen with the seminal European Court of Human Rights cases of Öneryildiz and Budayeva, national courts will highlight the importance of risk reduction and prevention measures to prompt responsible actors to take proactive measures in advance, rather than disputing liability after an event has taken place. | en |
| dc.description.status | Peer reviewed | en |
| dc.description.version | Published Version | en |
| dc.format.mimetype | application/pdf | en |
| dc.identifier.citation | Cubie, D. (2023) 'Sources of international disaster law: Focus on case law (2021)', Yearbook of International Disaster Law Online, 4(1), pp. 640-647. https://doi.org/10.1163/26662531_00401_040 | en |
| dc.identifier.doi | https://doi.org/10.1163/26662531_00401_040 | en |
| dc.identifier.endpage | 647 | en |
| dc.identifier.issn | 2666-2531 | en |
| dc.identifier.issued | 1 | en |
| dc.identifier.journaltitle | Yearbook of International Disaster Law Online | en |
| dc.identifier.startpage | 640 | en |
| dc.identifier.uri | https://hdl.handle.net/10468/16495 | |
| dc.identifier.volume | 4 | en |
| dc.language.iso | en | en |
| dc.publisher | Brill | en |
| dc.rights | © 2023, Dug Cubie. This is an open access paper distributed under the terms of the CC BY-NC 4.0 license. | en |
| dc.rights.uri | https://creativecommons.org/licenses/by-nc/4.0/ | en |
| dc.subject | International disaster law | en |
| dc.subject | Case law | en |
| dc.title | Sources of international disaster law: Focus on case law (2021) | en |
| dc.type | Article (peer-reviewed) | en |
| oaire.citation.issue | 1 | en |
| oaire.citation.volume | 4 | en |
