Civil liability of governmental and non-governmental institutions due to damages caused by natural disasters (floods)
Subject Areas : environmental low
mohammad zahednia
1
,
Shirin Shirazian
2
,
seyed mohammad reza miri lavasani
3
,
haniyah nikoomaram
4
,
Mansour Pournouri
5
1 - PhD student in environmental law. Department of Environmental Law, Faculty of Natural Resources and Environment, Science and Research Unit, Islamic Azad University, Tehran, Iran.
2 - Assistant Professor, Department of Environmental Law, Islamic Azad University, Science and Research Branch, Tehran, Iran. *(Corresponding Author)
3 - Assistant Professor, Department of Management and Economics, Islamic Azad University, Science and Research Branch, Tehran, Iran.
4 - Assistant Professor, Department of Environmental Law, Islamic Azad University, Science and Research Branch, Tehran, Iran.
5 - Assistant Professor, Faculty of Natural Resources and Environment, Central Tehran Branch, Islamic Azad University, Tehran, Iran
Keywords: Civil liability, governmental and non-governmental institutions, damages, natural disasters (floods),
Abstract :
Civil liability against the damages of natural disasters includes various dimensions such as the role of governmental and non-governmental institutions, the concept of negligence (even act and omission) and causation and legal mechanisms for compensation. This article provides a brief overview of the civil liability of governmental and non-governmental entities and their role in relation to damages caused by natural disasters, with a particular focus on flood risk, and the legal consequences and potential liabilities that may be faced as a result of said damages. The aim is to present a clear and informative picture of the subject by using appropriate terms and legal frameworks and to introduce and explain civil liability in the field of natural disasters and especially the damages caused by these incidents. Government institutions, such as local authorities and crisis management organizations, have the primary responsibility for disaster managemen. They are responsible for developing and implementing preventive, mitigation, preparedness, response and recovery plans. NGOs, including humanitarian organizations and NGOs, often support and assist in disaster relief efforts. The topic of the research is important because the dispersion in the laws and the lack of concentration in the management and the lack of necessary coherence between the involved organizations doubles the scope and amount of damages when floods occur. The research methodology is based on the basis that by studying and examining the status of organizations and disaster crisis management models in developed countries, a suitable internal model can be drawn and established according to upstream laws and environmental and climatic characteristics. As a result, it gives a brief look at the role and responsibility of organizations in managing natural disasters and the consequences and legal effects and potential responsibilities that they may face.
1. Khurana R, Mugabe D, Etienne XL. Climate change, natural disasters, and institutional integrity. World Dev. 2022 Sep; 157:105931.
2. Becerra O, Cavallo E, Noy I. Foreign Aid in the Aftermath of Large Natural Disasters. Rev Dev Econ. 2014 Aug; 18(3):445–60.
3. Hong B, Hong S. A Study of Judgement on Causation in Environmental Torts Liability : focused on the cases of non-specific diseases caused by environmental pollution. Soc Sci Res Rev. 2019 Feb 28;35(1):121–41.
4. Krstinic D, Bingulac N, Dragojlovic J. Criminal and civil liability for environmental damage. Ekon Poljopr. 2017; 64(3):1161–76.
5. Borucki C. Cost Recovery of Preventive and Remedial Measures against Environmental Damage from the Polluter through Tort Law: European Spill Over, Troubled National Waters? J Eur Tort Law. 2020 Jul 3; 11(1):86–112.
6. Faure M. Economic aspects of environmental liability: an introduction. Eur Rev Priv Law. 1996 Jun 1;4(Issue 2):85–110.
7. Jaculi, G. (2017). Responsabilidade civil por dano ambiental e análise do caso samarco: dimensões do dano ambiental.
8. The Constitution of the Islamic Republic of Iran(persian)
9. Xua, Y. (2011). On the Constitutive Requirements of Environmental Pollution Liability—Based on Analysis of Chapter 8 of the Tort Liability Law. Innovation-the European Journal of Social Science Research.
10. Order Code RL34131 Federal Liability for Flood Damage Related to Army Corps of Engineers Projects Updated July 11, 2008 Cynthia Brougher Legislative Attorney A.
11. the Federal Tort Claims Act (FTCA) and immunity under the Flood Control Act of 1928 (FCA) as applied to Corps projects.
12. Andor MA, Osberghaus D, Simora M. Natural Disasters and Governmental Aid: Is there a Charity Hazard? Ecol Econ. 2020 Mar;169:106534.
13. Bruns, Axel & Burgess, Jean (2014) Crisis communication in natural disasters: The Queensland floods and Christchurch earthquakes. In Bruns, A, Mahrt, M, Weller, K, Burgess, J, & Puschmann, C (Eds.) Twitter and society [Digital Formations, Volume 89]. Peter Lang Publishing, United States of America, pp. 373-384.
14. Fair CC, Kuhn PM, Malhotra N, Shapiro JN. Natural Disasters and Political Engagement: Evidence from the 2010–11 Pakistani Floods. Q J Polit Sci. 2017 May 16;12(1):99–141.
15. SAJESBM NS Volume 2 (2009) Issue 1 1 Defining business decline, failure and turnaround: a content analysis Marius Pretorius Department of Business Management, University of Pretoria, South Africa.
16. Simons KW. Victim Fault and Victim Strict Responsibility in Anglo-American Tort Law. J Tort Law [Internet]. 2017 Jan 28 [cited 2023 Nov 4]; 8(1–2). Available from: https://www.degruyter.com/document/doi/10.1515/jtl-2012-0003/html
17. Books - Hazardous Waste and Toxic Substances Litigation. Biotechnol Law Rep. 1982 Dec; 1(12):191–2.
18. Adnan R, Budirahayu T. NATURAL DISASTERS AND PUBLIC CONCERN FOR THEIR CAUSES. Midang. 2023 Oct 13; 1(1):33.
19. Nemțoi G, Ungureanu CG. Tortious Civil Liability in Environmental Law. Eur J Law Public Adm. 2021 Dec 20;8(2):26–34.
20. Kumar Yadav P, Pande S, Kushwah RPS, Mishra M, Kumar Dubey D. Investigation of the impact of natural disasters on civil structures. Ecol Environ Conserv. 2023; 29(Suppl):138–45.
21. Glinski C. Corporate Social Responsibility and Corporate Liability for Environmental Damage. SSRN Electron J [Internet]. 2020 [cited 2023 Nov 5]; Available from: https://www.ssrn.com/abstract=3738659
22. Dias RWM. Foreseeability of Damage—Stare Decisis. Camb Law J. 1964 Nov; 22(2):191–3.
23. 23. Ural State Law University, Zakharov DE. The Breach of Duty as a Basis for Civil Liability for Failure to Comply with the Contract under German Law. Sib Law Rev. 2019; 16(2):150–5.
24. Willmer LJ, Diplock LJ, Winn LJ. FRASER v. B. N. FURMAN (PRODUCTIONS) LTD., MILLER SMITH & PARTNERS (A FIRM) THIRD PARTY. Manag Law. 1967 Jul 1; 2(4):483–92.
25. Liability for environmental damages : incentives for precaution and risk allocation Elga Bartsch Published 1998 Economics.
26. People’s Republic of China Civil Code: Tort Liability Law G. W. Conk Published 23 March 2006 Law.
27. Disappearing Acts – Toward a Global Civil Liability Regime for Pollution Damage Resulting from Offshore Oil and Gas Exploration K. Agyebeng Published 2006 Environmental Science.
28. Gotham KF. “Place or Character” of a Business: Environmental Criminology and Negligent Security Litigation. J Appl Soc Sci. 2020 Mar;14(1):71–86.
29. Azik P. A REVIEW OF INTERNATIONAL CONVENTIONS REGARDING THE RESPONSIBILITIES CAUSED BY OIL POLLUTION OF THE SEAS. Isagoge - J Humanit Soc Sci. 2023 Sep 14; 3(1):273–87.
30. Catalin Gabriel, A. Horváthová, C. Stănescu. Piercing The Corporate Veil US Lessons From Romania And Slovakia Catalin Gabriel, A. Horváthová, C. Stănescu Published 2017 Law. Publ 2017 Law.
31. Land Grabbing in Sri Lanka: Current Status and Trends.(2016).
32. Crisis and Emergency Management: Theory and Praxis, Kim S, Lee DS. Development of an Integrated Management System for Disaster Prevention Centered on Living Areas. Crisis Emerg Manag Theory Prax. 2022 Nov 30; 18(11):35–44.