Climate Justice and Disaster Law

Description

Climate disasters demand an integration of multilateral negotiations on climate change, disaster risk reduction, sustainable development, human rights and human security. Via detailed examination of recent law and policy initiatives from around the world, and making use of a capability approach, Rosemary Lyster develops a unique approach to human and non-human climate justice and its application to all stages of a disaster: prevention; response, recovery and rebuilding; and compensation and risk transfer. She comprehensively analyses the complexities of climate science and their interfaces with the law- and policy-making processes, and also provides an in-depth analysis of multilateral climate change negotiations under the 1992 United Nations Framework Convention on Climate Change.

Rosemary Lyster is Professor of Climate and Environmental Law at Sydney Law School, University of Sydney. She is also Director of the Law School's Australian Centre for Climate and Environmental Law.

'All who care about environmental and climate issues should feel deeply indebted to Rosemary Lyster. It is indeed fortunate that a distinguished lawyer and ethicist has immersed herself in the technicalities of this field, and written an authoritative book that is not only hugely informative but which also sets out pathways towards a just and effective response to the threats of climatic disasters.' Lord Martin Rees, Astronomer Royal, Fellow of Trinity College and Emeritus Professor, University of Cambridge 'This book makes a compelling case for climate justice, not just as a matter of law and collective action, but rather as a moral imperative. That imperative, as outlined through theory and practice, is watertight in its ethical foundations and in its evidence. This book demonstrates clearly how dealing with disasters is intimately related to these fundamental questions of justice.' Neil Adger, University of Exeter, and lead author, Chapter 12, IPCC Working Group II, Fifth Assessment Report 'Rosemary Lyster has made an important contribution to the climate change debate by highlighting the risks that future disasters pose to the planet today. She persuasively argues that we need to consider the concept of justice in using the law coupled with other policy tools to undertake disaster risk reduction measures now. Her book fills an important gap in addressing the many challenges in managing the risks of climate disasters ranging from the economic development of hazard-prone areas to food insecurity and water shortages.' Howard Kunreuther, lead author, Chapter 2, IPCC Working Group III, Fifth Assessment Report, James G. Dinan Professor of Decision Science and Public Policy, and Co-director of the Wharton Risk Management and Decision Processes Center, Wharton School University of Pennsylvania. 'This highly interesting volume is the first thorough exploration of the relationship between climate justice and disaster law. The book covers disaster risk reduction, response, recovery and rebuilding. In addition to analyzing the relationship between climate justice and disaster law from an academic and policy perspective practical insights are provided as well inter alia through various case studies. This book will undoubtedly be of high importance and interest to both academics and policy-makers interested in the way forward as far as climate justice and disaster law is concerned.' Daniel A Farber, Sho Sato Professor of Law, Berkeley Law, and Michael G. Faure, Professor of Comparative and International Environmental Law, Maastricht University 'This new book by Professor Rosemary Lyster, one of the world's leading authorities on climate change law, significantly advances our understanding ... She deftly brings together climate change law and disaster law - two fields with different conceptual foundations and time frames - and shows how they can and must operate together. She does so using an explicit philosophical framework that gives a structure to her argument that goes well beyond merely tactical considerations. The balance of this century - and, many of us fear, far beyond - will be dominated by disasters that are created or worsened by climate change, and a thorough understanding of the current legal tools to prepare, respond and cope, and a set of proposals for how to do all of this far better, as presented by Professor Lyster, could not be more important and timely.' Michael B. Gerrard, Andrew Sabin Professor of Professional Practice and Director, Sabin Center for Climate Change Law, Columbia Law School