Introduction - Climate Disaster Law: Barriers and Opportunities

This is a draft chapter. The final version will be available in Climate Disaster Law: Barriers and Opportunities edited by Rosemary Lyster & Robert R.M. Verchick, Edward Elgar Publishing Ltd. 2018, Forthcoming

Sydney Law School Research Paper No. 17/87

28 Pages Posted: 12 Oct 2017

See all articles by Rosemary Lyster

Rosemary Lyster

The University of Sydney Law School

Robert R. M. Verchick

Loyola University New Orleans College of Law

Date Written: October 11, 2017

Abstract

One might reasonably ask why we need a separate category of law devoted to climate disaster. Can’t the laws addressing natural disaster address this too? Just add climate and stir. Unfortunately, the science and empirical evidence suggest not. First, as we will see, the large majority of disasters are susceptible in some way to changes in atmospheric, land-based, and ocean temperatures. To understand the risks involved and the plausible policy responses, climate-change thinking must be built into the analysis. Second, even where garden-variety disaster planning might do the trick, ignoring the role of climate change leads us to ignore the moral responsibility we have to move as quickly as we can to a carbon-free economy. This collection applies the idea of Climate Disaster Law to International Law, Public Law, Environmental Law and Private Law, and considers the unique challenges, barriers and opportunities which climate disasters pose for law and policy.

Note: The material cannot be used for any other purpose without further permission of the publisher, and is for private use only.

Keywords: Climate science, climate disasters, Climate Disaster Law, International Law, Public Law, Environmental Law, Private Law, barriers and opportunities

JEL Classification: K10, K30, K32, K33

Suggested Citation

Lyster, Rosemary and Verchick, Robert R. M., Introduction - Climate Disaster Law: Barriers and Opportunities (October 11, 2017). This is a draft chapter. The final version will be available in Climate Disaster Law: Barriers and Opportunities edited by Rosemary Lyster & Robert R.M. Verchick, Edward Elgar Publishing Ltd. 2018, Forthcoming; Sydney Law School Research Paper No. 17/87. Available at SSRN: https://ssrn.com/abstract=3051496

Rosemary Lyster (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Robert R. M. Verchick

Loyola University New Orleans College of Law ( email )

7214 St. Charles Ave., Box 901
Campus Box 901
New Orleans, LA 70118
United States

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