Flavia Zorzi Giustiniani - Routledge Handbook of Human Rights and Disasters

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Routledge Handbook of Human Rights and Disasters

The Routledge Handbook of Human Rights and Disasters provides the first comprehensive review of the role played by international human rights law in the prevention and management of natural and technological disasters.

Each chapter is written by a leading expert and offers a state-of-the-art overview of a significant topic within the field. In addition to focussing on the role of human rights obligations in disaster preparedness and response, the volume offers a broader perspective by examining how human rights law interacts with other legal regimes and by addressing the challenges facing humanitarian organizations.

Preceded by a foreword by the International Law Commissions Special Rapporteur on the Protection of Persons in the Event of Disasters, the volume is divided into four parts:

• Part I: Human rights law and disasters in the framework of public international law
• Part II: Role and application of human rights law in disaster settings
• Part III: (Categories of) rights of particular significance in a disaster context
• Part IV: Protection of vulnerable groups in disaster settings

Providing up-to-date and authoritative contributions covering the key aspects of human rights protection in disaster settings, this volume will be of great interest to scholars and students of humanitarianism, international law, EU law, disaster management and international relations, as well as to practitioners in the field of disaster management.

Flavia Zorzi Giustiniani is Assistant Professor of International Law at the International Telematic University Uninettuno, Italy.

Emanuele Sommario is Assistant Professor of International Law at the Scuola Superiore SantAnna of Pisa, Italy.

Federico Casolari is Associate Professor of European Union Law at the Alma Mater Studiorum University of Bologna, Italy.

Giulio Bartolini is Associate Professor of International Law at the University of Roma Tre, Italy.

Routledge Studies in Humanitarian Action

Series editors: Andrej Zwitter, University of Groningen, Joost Herman, University of Groningen and Hassan Bashir, Texas A&M University at Qatar

This book series offers an interdisciplinary platform for the study of issues pertaining to humanitarianism, such as humanitarian principles, humanitarian space, resilience, safety and security, international law of humanitarian action, to mention but a few. It aims to broaden understanding of these issues and their interconnection from different angles such as politics, law, economics, philosophy, psychology, sociology brought together under the heading of Humanitarian Studies.

Routledge Handbook of Human Rights and Disasters

Edited by Flavia Zorzi Giustiniani, Emanuele Sommario, Federico Casolari and Giulio Bartolini

First published 2018
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

and by Routledge
711 Third Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

2018 selection and editorial material, Flavia Zorzi Giustiniani, Emanuele Sommario, Federico Casolari and Giulio Bartolini; individual chapters, the contributors

The right of the editor to be identified as the author of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data
Names: Zorzi Giustiniani, Flavia, editor.
Title: Routledge handbook of human rights and disasters / edited by Flavia
Zorzi Giustiniani, Emanuele Sommario, Federico Casolari and Giulio Bartolini.
Other titles: Handbook of human rights and disasters
Description: Abingdon, Oxon ; New York, NY : Routledge, 2018. |
Series: Routledge studies in humanitarian action | Includes bibliographical
references and index.
Identifiers: LCCN 2017049522 | ISBN 9781138069916 (hbk) |
ISBN 9781315115238 (ebk)
Subjects: LCSH: International law and human rights. | Human rights. |
Humanitarian assistanceMoral and ethical aspects. | DisastersSocial aspects. |
Disaster reliefSocial aspects.
Classification: LCC K3240 .R697 2018 | DDC 341.4/8dc23
LC record available at https://lccn.loc.gov/2017049522

ISBN: 978-1-138-06991-6 (hbk)
ISBN: 978-1-315-11523-8 (ebk)

Typeset in Bembo
by Apex CoVantage, LLC

Contents

Eduardo Valencia-Ospina

PART I
Human rights law and disasters in the framework of public international law

Flavia Zorzi Giustiniani, Emanuele Sommario, Federico Casolari, and Giulio Bartolini

Giulio Bartolini

Karen da Costa

Sarah Williams and Gabrielle Simm

PART II
Role and application of human rights law in disaster settings

Marlies Hesselman

Rnn McDermott

Emanuele Sommario

Mirko Sossai

Annalisa Creta

Tommaso Natoli

PART III
(Categories of) rights of particular significance in a disaster context

Marco Inglese

Raquel Rolnik

Federico Casolari

Giovanna Adinolfi

Alice Riccardi

Ellen Nohle and Gilles Giacca

Eleni Polymenopoulou

PART IV
Protection of vulnerable groups in disaster settings

Ingrid Nifosi-Sutton

Kristin Hausler

Alice Sironi and Lorenzo Guadagno

Flavia Zorzi Giustiniani

Walter Klin

Gabriella Venturini

1. i
2. ii

Guide

Giovanna Adinolfi is Associate Professor of International Law at the University of Milan. She has written on public international law, international economic law, and international disaster law. In this latter area, her research is focused on international legal disciplines concerning trade obstacles to relief consignments and access of affected population to foreign goods and equipment. She has also been the academic coordinator of the Summer School on EU Disaster Response Law in an International Context, funded by the European Union Jean Monnet Programme (European Module 20132016).

Giulio Bartolini is Associate Professor of International Law at the Department of Law, University of Roma Tre, where he is also responsible of the Jean Monnet Module on International and European Disaster Law funded by the EU Commission. In the area of international disaster law he has been legal assistant to the ILC Special Rapporteur on the protection of persons in the event of disasters, and co-responsible of the FIRB-International Disaster Law Project and training courses organized with the IFRC and the Italian Red Cross. He has obtained the Diploma in Human Rights Law by the European University Institute, Academy of European Law.

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