The Role of Law in Disaster Management

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.