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Open Access
Article
Publication date: 10 June 2021

Kelik Wardiono, Khudzaifah Dimyati and Absori Absori

This paper aims to synchronize the various constitutional regulations that regulate the natural disaster management in Indonesia, especially those which apply in the Yogyakarta…

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Abstract

Purpose

This paper aims to synchronize the various constitutional regulations that regulate the natural disaster management in Indonesia, especially those which apply in the Yogyakarta Special Territory after disaster through a legal interpretation and construction method to find a community empowerment-based disaster management model, which suits the Indonesian ideals of law.

Design/methodology/approach

This research is carried out in the Yogyakarta Special Territory province; this research uses the juridical normative method or the method with the doctrinal or the juridical normative approach. The approaches used in this research are the conceptual approach, statute approach and the sociological approach.

Findings

The numerous constitutional regulations that are formed and implemented to regulate the disaster management in Yogyakarta Special Territory cannot yet run its function as an integrating mechanism efficiently. This is mainly because the handling of disasters is usually responsive, without clear planning.

Research limitations/implications

In numerous constitutional regulations, there is a synchronization between the regulations on the society’s rights and responsibilities in disaster management. The point of these regulations is that they state that every citizen has the right to obtain social protection and a sense of safety. They have the right to obtain education, trainings and skills in the establishment of disaster management. Also, they have the right to participate in policies, in accessing information on disaster prevention policies.

Practical implications

Efforts of response toward a disaster should be neither exclusive nor partial. A condition of disaster is a complex condition, which usually asks for a holistic response from various perspectives and experiences. It needs effective teamwork between various institutional groups. Basically, it will not be effective if it is run by a single agency exclusively. Indonesia needs a clear disaster management and needs to synchronize the law for disaster mitigation for minimize the natural disaster impact.

Social implications

Various constitutional regulations made and applied to regulate disaster management in the Yogyakarta cannot yet run its function as an efficient integrating mechanism, as the law cannot yet undergo the rearrangement of the productive process in the society optimally. The goals determined in the execution of the disaster management are often not legitimized by the society, and they do not yet give a full sense of justice to them. Recovery after Yogyakarta earthquake is a slow process.

Originality/value

This is a relatively new research, as other researches focused on the disastrous impacts of the Yogyakarta earthquake. The disaster management system must consider and must be responsive toward diversity, differences and competition, which may arise due to social, economic, political, community and even religious factors. These differences often create a dynamic and complex relation. A wrong manner in handling this may cause horizontal conflicts.

Details

International Journal of Law and Management, vol. 63 no. 5
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 28 November 2023

Nirma Swaris, Rangika Umesh Halwatura and Dilanthi Amaratunga

Policy coherence is a complex and tough task for many developing nations because their capacity to examine and deliver evidence-based inputs to policymaking is limited, and policy…

Abstract

Purpose

Policy coherence is a complex and tough task for many developing nations because their capacity to examine and deliver evidence-based inputs to policymaking is limited, and policy dialogue platforms need to be effectively used. Resolving these difficulties is a critical requirement for policy consistency. As a result, the study focuses on the level of policy coherence for climate change adaptation (CCA), disaster risk reduction (DRR) and sustainable development goals (SDG) in Sri Lanka and suggests routes for policy coherence for Resilience. This study aims to investigate the coherent approach of CCA, DRR and SDG; to identify concerns in policy documents addressing the coherence of CCA, DRR and SDG in local context; and to propose policy coherence suggestions for resilience in Sri Lanka.

Design/methodology/approach

Methodology comprises a review and content analysis of 17 policy and legal documents in Sri Lanka and a qualitative study. The qualitative approach consists of semistructured interviews that obtained deep and broad expertise knowledge with ten government representatives and stakeholders. Both content analysis and interview data were analyzed by using NVivo.

Findings

It was discovered that there are several issues with the coherence of policies in Sri Lanka, including the fragmented approach, lack of integration, inadequate coordination, limited resources and lack of monitoring and evaluation. The policies are inspired by international frameworks, and local implementations are not focused, leading to inadequate implementation of policies. The lack of development cooperation for the use of innovative approaches, such as climate-resilient infrastructure and environmentally friendly solutions for CCA and DRR, further aggravates the situation. Another concern is the lack of land use management and responsibility for the development of physical infrastructure for DRR integration with CCA. It is found that there is a limited community involvement which is vital for the implementation of policies. Local implementations are encouraged to fill the gaps in existing policies/acts. The analytical framework of the study is based on a preliminary examination of policy documents, a review of the literature and discussions with practitioners. The framework reflects the current situation of policy integration which addresses strategic, conceptual, institutional, operational and financial coherence. The research suggests pathways for achieving policy coherence in CCA, DRR and SDG in Sri Lanka, such as enhancing the strategic coherence by improving goals to increase the coherence within CCA, DRR and SDG; improving the credibility of the unified approach for developing DRR and CCA risk assessments; intensifying institutional cooperation and stakeholder management; improving the common monitoring and evaluation; establishing implementation strategies; and increasing the community involvement.

Research limitations/implications

The study on policy coherence in Sri Lanka recommends increasing community and professional involvement, conducting more research, developing a national strategy, increasing capacity building, strengthening international collaboration and fostering multisectoral collaboration. These recommendations can help improve policy coherence between CCA, DRR and SDGs, align policies with national goals and priorities and improve implementation effectiveness. By implementing these recommendations, Sri Lanka can address the challenges of climate change and natural disasters and achieve SDGs.

Practical implications

The study on policy coherence for resilience in Sri Lanka has practical implications, including improved coordination and resource allocation, increased capacity building, improved reputation and sustainability. By integrating CCA, DRR and SDGs, this study can help Sri Lanka become more resilient to climate change and natural disasters, achieve SDGs and become a responsible actor in the international community. These implications can contribute to a more sustainable future and ensure that development goals are achieved in a way that is resilient to climate change and natural disasters.

Social implications

Increased community participation: the study emphasizes the importance of community involvement in the policy development process. This can help build trust between communities and government agencies, improve transparency and ensure that policies are developed in a way that is responsive to local needs and priorities.

Originality/value

Based on the identified existing loopholes in the policies and pathways to policy coherence, the issues in policymaking could be overcome. It could be used to establish strong linkages between policies based on CCA, DRR and SDGs to achieve long-term resilience.

Details

International Journal of Disaster Resilience in the Built Environment, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1759-5908

Keywords

Book part
Publication date: 17 October 2015

Susan M. Sterett

Extreme events are the occasion for many people’s encounters with climate change. Though causation is complex and no one event is directly attributable to climate change, when we…

Abstract

Extreme events are the occasion for many people’s encounters with climate change. Though causation is complex and no one event is directly attributable to climate change, when we consider Cassandra, we can consider what people encounter in assistance after an extreme event. This chapter takes the case of assistance to displaced people after Katrina to explore how care and surveillance were intertwined. Methods include analysis of government documents as well as interviews. When we consider assistance people receive, we often focus on the intended assistance and how it worked or did not. Evaluation is difficult, not least because criteria for determining what it means to work are uncertain. However, if we include the process of gaining assistance as part of the experience, we broaden concerns from the instrumental outcomes to the mixed messages people get in assistance. Assistance appears in a context, where the most vulnerable people have reasons to mistrust government and nonprofits, and where in the United States assistance has come intertwined with supervisory rules, a focus on getting people to work, and a need to manage criminal histories. Trust in government may be limited, emergency care can operate outside ordinary legal frameworks when providers are new, and legal accountability for assistance may be experienced as confining, despite caregivers’ intent.

Details

Special Issue Cassandra’s Curse: The Law and Foreseeable Future Disasters
Type: Book
ISBN: 978-1-78560-299-3

Keywords

Book part
Publication date: 1 January 2014

Jean Carmalt

This article looks at the relationship between human rights law and geography. Drawing from a meeting of the UN Human Rights Committee (HRC), the article explores how the right to…

Abstract

This article looks at the relationship between human rights law and geography. Drawing from a meeting of the UN Human Rights Committee (HRC), the article explores how the right to life was legally interpreted to apply to the loss of life associated with Hurricane Katrina. In particular, the article argues that the HRC’s legal interpretation of the right to life shifted as part of a discussion between the United States and nongovernmental organizations. The shift incorporated a more nuanced understanding of the spatial dimension of injustice by including preexisting inequalities and ongoing internal displacement in the analysis of human rights obligations related to the hurricane. The HRC meeting and the legal interpretations arising from that meeting therefore provide an example of Seyla Benhabib’s concept of “democratic iterations” as well as an example of how law can be “spatialized” through international legal processes.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78350-785-6

Keywords

Article
Publication date: 16 July 2010

Charlotte Brown, Mark Milke and Erica Seville

Lifelines (also referred to as critical infrastructure) are referred to here as the essential infrastructure and services that support the life of our community. In a disaster

1038

Abstract

Purpose

Lifelines (also referred to as critical infrastructure) are referred to here as the essential infrastructure and services that support the life of our community. In a disaster response and recovery situation, provision of Lifelines, is essential. New Zealand has several mechanisms to improve the responses of lifeline service providers in a disaster situation, including pre‐event planning and coordination groups and legislative provisions for timely response in an emergency. Currently, waste management is not formally included in either the coordination process or the legislative provisions for Lifelines. This paper aims to address whether or not waste management should be included in these.

Design/methodology/approach

Qualitative and semi‐qualitative matrix‐based assessments were used to determine the relative importance of provision of waste management services in a disaster‐recovery situation.

Findings

The paper argues that waste management should be included in Lifeline planning in New Zealand. Organisational complexity in the waste management system and the likely need to expand pre‐disaster waste management services to deal with large amounts of disaster generated waste, however, mean that inclusion in the legislative provisions for Lifeline service providers would be challenging.

Research limitations/implications

The research context is specific to New Zealand; however, the general challenges, principles and overall approach and may be transferable to other jurisdictions.

Practical implications

Organisational and regulatory approaches recommended in this paper, if adopted, will help waste and emergency managers respond and recover more effectively in a disaster situation.

Originality/value

This paper is the first to attempt to examine in detail the importance of waste management on disaster recovery in New Zealand. The findings of the paper are of relevance to countries with similar organisational and legal structures.

Details

International Journal of Disaster Resilience in the Built Environment, vol. 1 no. 2
Type: Research Article
ISSN: 1759-5908

Keywords

Article
Publication date: 7 June 2022

Ebru Tekin Bilbil

This article examines the inaction, silencing and ignorance in ex ante disasters whilst conducting a case study analysis of the Izmir/Samos earthquake, a 6.6 Mw (moment magnitude…

Abstract

Purpose

This article examines the inaction, silencing and ignorance in ex ante disasters whilst conducting a case study analysis of the Izmir/Samos earthquake, a 6.6 Mw (moment magnitude) earthquake that occurred at a depth of 14.9 km from the ground on 30 October 2020 at 2:51 PM. The 8-floor Riza Bey Apartment in Bayrakli/Izmir was demolished in the earthquake approximately 100 km from the epicenter. After the earthquake, several lawsuits started to conduct investigations on an apartment basis. Focusing on the causes of disasters in engaging with adoptive thinking in disasters, the current article posits the following research question: what are the ex ante socio-technical dynamics and causes of fatality in disasters?

Design/methodology/approach

The methodological tools and advice related to disaster prevention in ex ante disasters originate from the actor network theory (ANT). Although ANT probes complex and dynamic multiplicities in disaster prevention management, this may be unsatisfactory for conceptualizing and operationalizing a disaster, as it is heavily reliant on discerning between humans and non-humans. Data were gathered (February 2021–February 2022) from 15 face-to-face interviews, 2 phone interviews, official documents, archival records, open-sourced public interviews, political speeches, newspaper articles, public reports, expert reports stories, videos, legal transcriptions and photographs. Additionally, data were gathered from the commission minutes officially published on the government website.

Findings

This article revealed the confusion of authority between the local and central governments and the gap between institutions and citizens in understanding and implementing the disaster prevention laws and regulations. It found that the causes of disasters beyond any dichotomies, such as surface versus site and ground versus grounded, rely not only on the technical roles of disaster prevention but also the non-technical roles assigned to it.

Research limitations/implications

Since the lawsuit has been in continuation, the process is still alive, and data gathering is limited to the litigation conditions of public servants in terms of sharing information. Since many of the flat owners died, it is difficult to access information on the apartment meetings to learn more about the resistance of flat owners against urban transformation and the possibility of ignoring or hiding the risk assessment report.

Practical implications

Disaster prevention is such a complex process which generates complex adaptation mechanisms (physical, behavioral, biological, cognitive through training, learning and experiencing). Also, there is a need to understand the scale of adaptive behavior and its function to improve adoptive mechanisms. With a transdisciplinary focus, each discipline needs to embrace one another's calculation and calculative practices while they measure, observe, analyze and implement risk and uncertainties.

Social implications

It is hard to prevent disasters without knowing the flow of root relations between actors and elements that are in movement with different directions, forms and motions. These unbalanced, uneven and endless root relationships between actors' movements create a constant state of tension of organizing, recording, auditing, quantifying, computing, mapping (geology, Earth information system and micro-zonation), budgeting, bookkeeping, measuring, performance, regulating, controlling, monitoring and auditing with all the numbers and data.

Originality/value

There is a gap in the literature in terms of the interaction between accounts and institutions in ex ante disaster.

Details

Disaster Prevention and Management: An International Journal, vol. 31 no. 4
Type: Research Article
ISSN: 0965-3562

Keywords

Article
Publication date: 10 July 2020

Vicente Sandoval, Claudia Gonzalez-Muzzio, Carlos Villalobos, Juan Pablo Sarmiento and Gabriela Hoberman

This paper examines disaster capitalism in Chile, that is, the relationships between disasters and neoliberalism. It looks at two post-disaster dimensions: disasters as windows of

Abstract

Purpose

This paper examines disaster capitalism in Chile, that is, the relationships between disasters and neoliberalism. It looks at two post-disaster dimensions: disasters as windows of opportunity to introduce political reforms and disasters as occasions for the corporate class to capitalize on such disasters.

Design/methodology/approach

Two indices, disaster capitalism (DC) and post-disaster private involvement (PDPI), are proposed for cross-case analysis. They are based on legal records, institutional reports and economic data. The DC assesses the introduction of reforms following disasters, while PDPI evaluates the share of public-private funding used for recovery. Both indices are applied here to two disasters in Chile: the 2010 Maule earthquake, and the 2008 Chaitén volcanic eruption.

Findings

Results show that the highly neoliberal Chilean context leaves limited space for new neoliberal reforms. Although recovery is implemented predominantly through the private sector, the state still assumes greater responsibility for recovery costs. Results also detect poor levels of participation from the private sector in accounting their efforts and making them publicly available. Likewise, the research suggests that neoliberal reforms become more likely after disasters. However, the preexisting politico-economic context matters. Finally, there is clearly a need for data systematization in post-disaster recovery.

Originality/value

In the Chilean context, the indices proved beneficial as a strategy for data collection and a method for scrutinizing the implications of neoliberal policy implemented in the wake of disasters, as well as in evaluating the role of the corporate class during recovery.

Details

Disaster Prevention and Management: An International Journal, vol. 29 no. 6
Type: Research Article
ISSN: 0965-3562

Keywords

Article
Publication date: 13 March 2017

Martina K. Linnenluecke and Brent McKnight

The paper aims to examine the conditions under which disaster entrepreneurship contributes to community-level resilience. The authors define disaster entrepreneurship as attempts…

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Abstract

Purpose

The paper aims to examine the conditions under which disaster entrepreneurship contributes to community-level resilience. The authors define disaster entrepreneurship as attempts by the private sector to create or maintain value during and in the immediate aftermath of a natural disaster by taking advantage of business opportunities and providing goods and services required by community stakeholders.

Design/methodology/approach

This paper builds a typology of disaster entrepreneurial responses by drawing on the dimensions of structural expansion and role change. The authors use illustrative case examples to conceptualize how these responses improve community resilience by filling critical resource voids in the aftermath of natural disasters.

Findings

The typology identifies four different disaster entrepreneurship approaches: entrepreneurial business continuity, scaling of organizational response through activating latent structures, improvising and emergence. The authors formulate proposition regarding how each of the approaches is related to community-level resilience.

Practical implications

While disaster entrepreneurship can offer for-profit opportunities for engaging in community-wide disaster response and recovery efforts, firms should carefully consider the financial, legal, reputational and organizational implications of disaster entrepreneurship.

Social implications

Communities should consider how best to harness disaster entrepreneurship in designing their disaster response strategies.

Originality/value

This research offers a novel typology to explore the role that for-profit firms play in disaster contexts and adds to prior research which has mostly focused on government agencies, non-governmental organizations and emergency personnel.

Details

Journal of Enterprising Communities: People and Places in the Global Economy, vol. 11 no. 1
Type: Research Article
ISSN: 1750-6204

Keywords

Book part
Publication date: 29 October 2012

Susan S. Kuo

Purpose – This study explores legal justifications for applying an enhanced criminal sanction to wrongs committed before, during, and after disasters.Design/methodology/approach …

Abstract

Purpose – This study explores legal justifications for applying an enhanced criminal sanction to wrongs committed before, during, and after disasters.

Design/methodology/approach – This study uses recent social science evidence to evaluate the need for criminal statutes covering looting, price gouging, and other disaster-related offenses. Further, this study considers a broader historical context, identifying intersections of disaster crime and the common law's treatment of riots and public disorder.

Findings – Although individual disaster victims and communities are vulnerable to criminal harm, and this vulnerability often appears to motivate the punishment of disaster-related crimes, it is not the only or even the strongest justification available. As an alternative approach, one could focus on the public dimension of the harm – disaster-related crimes are particularly pernicious because they threaten to undermine the legitimate governing authority of the state.

Originality/value of paper – The public-order thesis yokes current legal doctrine to longstanding common law themes and, in so doing, departs from conventional justifications for the enhanced punishment of disaster-related crime. The critical perspective offered here could be extended to criminal penalty enhancements more generally. Moreover, because the rationale for identifying and punishing wrongful conduct is the fundamental question of criminal law, even a modest reassessment has potentially far-reaching implications.

Details

Disasters, Hazards and Law
Type: Book
ISBN: 978-1-78052-914-1

Article
Publication date: 29 April 2021

Philein Hafidz Al Kautsar and Nur Budi Mulyono

The purpose of this study is to develop an ecosystem-based DRR concept and explore how far the concept can be applied in a disaster-management context.

Abstract

Purpose

The purpose of this study is to develop an ecosystem-based DRR concept and explore how far the concept can be applied in a disaster-management context.

Design/methodology/approach

The authors used the ecosystem concept established by Tsujimoto et al. (2018) as the foundation of this study. They then conducted a literature search to adapt the ecosystem concept to fit the context of disaster management. Thus, they developed an ecosystem-based DRR concept. They used a case study method to test whether the adapted ecosystem concept can be applied to examine a real-life case of disaster management. For data collection, they used qualitative methods; a semi-structured interview with practitioners and other actors involved in disaster-management practice as well as document review. For data analysis, they used thematic analysis to find themes within the data.

Findings

By using this concept, the authors found some actors fulfil their role in the ecosystem toward the DRR effort, some actors are ill-equipped, and some actors are actively working against DRR effort. There are also implementation challenges, as numerous programs are only halfway done due to a lack of resources. However, the main problems of this disaster can be summarized into three categories: technical problems, socio-economic problems and law-enforcement problems. All three problems need to be addressed altogether because even neglecting only one problem would lead to a flawed solution.

Research limitations/implications

One of the limitations is the respondents' bias. This research aims to find out their part, or more accurately what they are representative of, regarding disaster management for forest and land fire case. As some of the questions may reveal unflattering action or may even hurting their credibility, respondents might not have provided an entirely honest answer. Another limitation is the differing respondents' roles within the disaster. As each of the respondents is a representative of an actor in disaster management, they all have different traits. Thus, this situation makes it challenging to produce similar quality and quantity data for each of them.

Practical implications

As concluded, the ecosystem-based DRR concept can be used as a framework to examine a real-life case of disaster management. It can be utilized to explain roles, relationships and the whole network of disaster-management actors. The authors hope that this concept could help decision-makers in designing their policies.

Social implications

The main problems of this disaster can be summarized into three categories: technical problems, socio-economic problems and law-enforcement problems. All three problems need to be addressed altogether for even neglecting only one problem would lead to a flawed solution. However, the yearly reoccurrences of fires and the widespread of illegal and dangerous practice, slash and burn agriculture, are evidence that the government mishandles the other two problems. There is a need for reform within legal institutions and government's treatment regarding local farmers. There is a need for trust, cooperation and synergy between disaster-management actors.

Originality/value

The ecosystem concept has been used widely in the field of management of technology and innovation. However, while ecosystem concept is commonly used in the management of technology and innovation, it is rarely used in a disaster-management context.

Details

International Journal of Emergency Services, vol. 10 no. 3
Type: Research Article
ISSN: 2047-0894

Keywords

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