Risk and Compliance with Normative Frameworks Relating to Disaster Management

Exploratory Case Studies from Indonesia and Ireland

in Journal of International Humanitarian Legal Studies
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This article adopts a comparative socio-legal approach in exploring the relationship between disaster risk and compliance with normative frameworks concerning disaster management. Risk colonisation is the term given to the phenomenon whereby societal risks such as those posed by disasters create further risks, institutional in nature, to disaster management systems themselves. Disaster management systems are exposed to institutional risks, including those that arise from non-compliance with the range of laws and guidelines relating to disaster management developed in recent years. Grounded in exploratory case studies drawn from Indonesia and Ireland, it is suggested that the consequences of this phenomenon is that, in circumstances in which disaster risk is perceived to be high, patterns of compliance with regulatory frameworks are likely to be characterised by recourse to scientific expertise. Blame avoidance and defensive compliance strategies are also likely to occur. Conversely, in circumstances in which disaster risk is perceived to be relatively low, compliance patterns are likely to be ad hoc in nature and allow for significant governmental discretion. The implications of such consequences for the normative underpinning of disaster management are addressed.

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References

7

Donini, supra note 1.

17

Scheytt, supra note 5, at 1336.

31

Raustiala and Slaughter, supra note 18, at 540.

32

Checkel, supra note 30.

33

Cortell and Davis, supra note 19, at 71.

63

 See, Dannemann, supra note 47, at 407.

110

 See, Irish Red Cross Society, supra note 55, at 53.

116

Irish Red Cross, A Study for Strengthening the Legal and Policy Framework for International Disaster Response in Ireland (Dublin: Irish Red Cross, 2014).

117

 See Rothstein et al., supra note 38, at 105–106.

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