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.