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Disaster Management: Legal and Policy Perceptions
Overview

From the age-old period, every year, mankind is facing enormous loss of lives and property by the disruptive and ill-effects of the disasters. A disaster is defined as "a natural or man-made event that negatively affects the lives, livelihood, property, or industry often resulting in permanent changes to human societies, ecosystems and environment." Thus, the disasters may be either natural or man-made. Earthquakes, cyclones, volcanic eruptions, tsunami, hurricanes, land-slides, tornadoes etc., are some of the examples of natural disasters. Some of the disasters are commonly anticipated and some of them are conventional. They are characterized by different origins and ill-effects. Some of the disasters are merely induced by human beings by a way of the land deformation, deforestation, environmental degradation etc. Misuse of technology, deliberate terrorist attacks, nuclear experiments, emissions of toxic gases etc., causing enormous destruction to mankind are man-made disasters. In an average, about 200 million people are affected every year and lives of several thousands of people are lost around the globe. Organization with human face has an extensive and widespread systems and expertise knowledge to mobilize the disaster relief. Even then, it is becoming challenge for the volunteers and the governments to pacify the circumstances. It would be a very hard task for the survivors and the assisting volunteers that strive beyond their capacities in the rescuing operations.


A natural disaster occurs only when an unusual happening interrupt the harmony of the community, causing extensive human, material or environmental losses more than the resources available to cope up without external relief. When the disaster happens in any nation it exhausts all its resources and amenities; and it is left with the sufferings and damages, the means of livelihood and sources of survival are also lost. Once natural resources are exhausted, the circumstances warrants cooperation from the international society. The human susceptibility accompanied with the lack of planning or short of emergency management leads to fiscal, structural, and human losses which depend upon the flexible capacity of the population. Preparedness for disasters is vital for social aspects, business aspects, and communities, but many stay behind unprepared. The disasters accompanied with the drastic climate change and climate variations perpetually entangle the economic status of any nation. After a knock of a disaster the affected people are set to an unhygienic distress like the communicable diseases, low and shattered sanitation systems with deprived and unsafe drinking water and lack of shelters and means of survival etc. This would lead to shortages, rationing, inadequacy and inefficiency of the food and other products of essential needs. The post-disaster stage would apparently subsist the effect of inflation; scarcity of food and have the potential to cause mass market failures in this point of electronic consumerism. Under such destroyed market situation weak infrastructure and price controls, fewer goods and services are available, and they are available to those fortunate, rather than those who actually in need of them. This is solely because of the intermediate brokers who tend to misuse the disaster relief funds for themselves or their kith and kin. Without a clear analysis of the disaster one cannot estimate the need; introduce the response plan and preparedness etc. In the event of disasters the governments of the effected places rescue the civilians from the heartbreaking maladies by adopting some measures of civil defense to overcome the disasters. Some of them may have emergency plans, emergency operations, preventive, mitigation preparation, response plan, emergency evacuation, recovery etc. Researchers, experts, community workers must craft effectual schemes to confront the malady of the disasters in the near future. Centralized and State disaster aid may be the most helpful to survivors of a disaster.


With the progress in the science and technology; policy and professional understanding and knowledge of the salient issues related to disaster management is rising. There is an immense need for setting the instruments for designing standardised mitigating measures to curb and manage the disasters. These international instruments are developed by way of treaties and conventions in this field of disaster management in the international arena. In the early times the standards of international instruments was in progress by the International Committee of Red Cross (ICRC). In the year 1984 the Model Rules for Disaster Relief Operations were drafted by the United Nations Institute for Training and Research (UNITAR) providing for the release of emergency assistance. In 1985 as a part of the disaster relief actions a treatise of international humanitarian assistance was published. The United Nations has declared 1990s as the 'International Decade for Natural Disaster Reduction'. China has incorporated disaster management as core and central idea in its future policies. WHO has been participating actively by supplying medicines and health kits free of cost to the disaster victims. Italy also supported the disaster relief action plans by assisting and funding the medical-budget. International Law, FEMA (Federal Emergency Management Agency) of United States, Environmental Law, Insurance Laws, Disaster Management Relief Acts, Catastrophe Mitigation Acts etc., of various nations offer various solutions for the disaster mitigation to cater the needs of the victims during the perils. The Centers for Disease Control and Prevention (CDC) of United States of America offer an outstanding analysis of Emergency Preparedness and Response. The Natural Hazards Center at the University of Colorado at Boulder (USA) provides a helpful linkage to wide-ranging natural disaster phenomena. A defensive risk mechanism and approach strengthening the social safety network are the prescriptions for the international community to tackle prospects of disasters. After the fall of the economic system of any nation, the post disaster laws increase economic efficiency by ensuring a functioning consumer market with the appropriate uplifting measures. Previously, insurance companies had certain policies which covered only specific losses of the disasters and therefore comparatively least financial damage resulting from grave disasters and weather events were handled. But, now the scope of the insurance companies have been stretched to a larger extent with many new policies to cover the maximum loss from the disastrous perils. Nations have been positively responded to resolve to more and more legislations that help insurance companies to rescue the post-disaster victims and resume to the upliftment of the economic status of those victims. The Government of India's model of handling the catastrophic risk has mainly been limited to relief measures by floating various schemes. Some of the schemes include National Fund for Calamity Relief (NFCR), National Calamity Contingency Fund (NCCF) Village Disaster Preparedness Committees (VDPCs) etc .In India the Institute for Financial Management and Research (IFMR), Center for Micro finance (CFR) Centre for Advanced Financial Studies (CAFS), Small Enterprise Finance Centre (SEFC), Centre for Development Finance (CDF) etc., deal to act and rescue the disaster victims. At the same time, more and extensive protective measures should be afforded as a shield to the insurance companies in recuperating the exact applications of the victims and not undergoing or entertaining any false strategies which may become harmful to the insurance companies and lead them to insolvency.


Disasters have at all times kept going as a challenge to the legal systems. The more the preventive measures, the new and worst troubles are on the way. A clear, developed, apparent and stretchy legal agenda at both national and international platform is a vital weapon in the efforts towards disaster prevention, mitigation, and preparedness and relief operations. It has been very important to express care for the victims of the disasters. The article 'Disasters: Global Response to the Challenges'-by Vishnu Konoorayar tries to analyze and examine the efficiency of the various domestic, national and international legal action plan and measures at times of disasters and motivating the effective methods of prevention of disasters.


Disasters have been very harsh to the mankind and challenging to the legal system. The impact of the various disasters exhibit dissimilar effects on the atmosphere and the mankind. Katrina and Hurricane pose such sudden and impending changes in the state of New Orleans causing a series of fluctuations which is risky for the respective governments to manage and handle. The article 'Risk, Fairness and the Geography of Disaster' by Robert R. M. Verchick proposes a defensive hazard management approach and strengthens the effect of the social safety nets. The author also tries to advise and propose the relevant and identical recommendations for the international community as it features the scheme of global warming.
The malady of disasters is one dreadful aspect and providing rescuing measures is another challenging aspect. Therefore after the disasters there arise the questions of rescue measures taken up by the various levels of the government to tackle the malady of the disasters. Even though there was utmost care from the government part there is a chance of failures in the rehabilitation of the victims of such disasters. The article 'Stop Federalism Before It Kills Again: Reflections on Hurricane Katrina' by Stephen M. Griffin throws light on the coordination between the federal government, State and the local governments in imparting justice in times of hazards and perils like hurricane and Katrina in United States of America and also conveys that the mutual coordination is the essence in such times.


Disasters affect not only the life and health of the society, but project vast crisis in the process of food and provision of other basic stuff to the victims of the perils. This enhances the considerable inflation in the market which creates a new hurdle in the allocation and price control. The article 'Gouging: Terrorist Attacks, Hurricanes, and the Legal and Economic Aspects of Post Disaster Price Regulation' by Geoffrey C. Rapp discusses that the existing anti-price control legislations should be reorganized to distinct focus on the actual affected victims of both man-made and natural disasters. It also suggests that the effective anti-gauging laws boost the American economy efficiency by ensuring a operational consumer market after the subsiding of electronic payment systems.


Every year in USA some of the states are constantly set to grave loss by the frequent and various hurricanes. The US government tends to resolve to mitigate and rescue measures as a policy. Even after the passing of the various enactments to rescue the disaster victims, it was a question as to the action plan undertaken by the government. The result of the action plan proved to be very meager and dormant to the public at large. There arose a suspicion whether the national military armed troops must be allowed or not allowed to take active part in rescuing the victims in times of disasters. The article 'Yes Virginia : The President Can Deploy Federal Troops To Prevent The Loss Of a Major American City From a Devastating Natural Catastrophy' by Michael Greenberger discusses about the National Defense Authorization Act (DAA 2007) which was proven to be a best solution that the federal troops can be permitted for the appropriate use in times of natural disasters .


After the eighteen hurricanes that hit the United States during 1980 and 2004 there was an extensive damage caused to the lives and also to the financial status of the victims of the hurricanes. There would exist a psychological feeling of financial insecurity. The financial distress made them loose everything and a large number of bankruptcy filings were reported. The article 'Bankruptcy Filing Rates After a Major Hurricane' by Robert M. Lawless proposes solution for legislative relief including the debt collection and poor credit reporting. It also highlights the obligatory debtor-creditor intervention before a creditor could get a court decision against the hurricanes victims.


Apart from the diverse ill-effects cause by the disasters all other fields also gets affected with an enormous loss to the nation in other fields also. One such field is the tourism infrastructure in Thailand. The article 'Tourism Crises Management Model: The Thai Experience' by Pongsak Hoontakul and Jukka Laitamaki discuses about the crisis management framework that considers the measure of vagueness in the operating environment and the degree of difficulty in the operating mission. It also conveys that the rationale of the structure is to aid governments and private sector in managing future crisis including the frightening global bird flu pandemic.
Hurricanes were the most expensive disaster in the history of America. It is always a repeated peril in a short interval of time. The immediate solution after any disaster is the availability of the basic needs and a helping hand that fetches financial security and recourse in the tax issue of the government. The tax benefits were the main baseline as apart of relief to the hurricane victims. The article 'Tax and Insurance Consequences of Major Disasters: Weathering the Storm' by Patrick E. Tolan, Jr discusses about the current, future, and awaiting legislation concern to federal emergency tax relief and also examines tax and insurance inference of disasters on law firms.


In the past few years, uneven and acute weather patterns are stirring globally. Green house gas emissions have increased radically, over the past 20 years due to the world changed direction towards economic development. The article 'Financial adaptation Challenges for the Insurance Industry Due to Climate Change' by Patricia Blazey and Paul Govind surveys the strategic responses from the insurance industry to climate change risks and also suggests the new approaches in the insurance needs to the victims of the disasters.


In the year after 1906 when the frequent earthquakes punched San Francisco; there was a sheer chauvinism and belligerence perpetuated in the minds of Chinese and Americans with regard to the response of the US government. The American government has been with positive view and responded without any bias. The article 'Disastrous Disasters: Restoring Civil Rights Protections for Victims of the State in Natural Disasters' by Dayna Bowen Matthews traces examples of the response of the State, Local and Federal governments during the disasters over the past 100 years in American history and proposes that the Civil False Claims Act acts as an effective tool to tackle this discriminatory behavior.

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