A storm-walking profession: natural disaster lawyering for the 21st century
<p>This thesis asks whether making an Emergency Declaration during natural disasters, contained in the <em>National Emergency Declaration Act 2020</em> (Cth) (NEDA) is fit for purpose for dealing with increasing numbers of natural disasters owing to climate change. The NEDA will be...
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| Format: | Thesis |
| Language: | English |
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2024
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| _version_ | 1811139500134367232 |
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| author | Amiet-Knottenbelt, M |
| author2 | Fisher, E |
| author_facet | Fisher, E Amiet-Knottenbelt, M |
| author_sort | Amiet-Knottenbelt, M |
| collection | OXFORD |
| description | <p>This thesis asks whether making an Emergency Declaration during natural disasters, contained in the <em>National Emergency Declaration Act 2020</em> (Cth) (NEDA) is fit for purpose for dealing with increasing numbers of natural disasters owing to climate change. The NEDA will be analysed in the context of the law reform recommendations it was enacted to address, made by the Australian 2020 Royal Commission into National Natural Disaster Arrangements (Royal Commission).</p>
<p>Chapter 1 outlines the principles of Australian statutory construction, and an Australian form of law reform research that utilises findings of Royal Commissions to discuss the operation of law. Chapter 2, outlines two law reform criteria from the Royal Commission, that will be used to assess if the NEDA is fit for purpose. This chapter concludes the NEDA meets the first criteria, as it applies to scientific projections of Australia’s natural disaster risk outlook. Whether the NEDA’s operation meets the second criteria and is a suitable response to this outlook is discussed in subsequent chapters.</p>
<p>Chapter 3 analyses two main powers in the NEDA, the Declaration Power and Red-Tape Power (ss 11-15), which operate to vitiate legislative decision-making. Chapter 4 analyses how the NEDA operates to vitiate decision-making under the <em>Environment Protection and Biodiversity Conservation Act 1999</em> (Cth). Both of these chapters show the NEDA operates in a manner that treats natural disasters as disruptions to the function of law, and fails to enable legislative responses to natural disasters as the Royal Commission recommended.</p>
<p>Chapter 5 discusses two responses to the missed law reform opportunity the NEDA represents to respond effectively to Australia’s natural disaster risk outlook. The first, is the NEDA could contain additional provisions to guide legislative decision-making during natural disasters. The second, is to describe this area as Storm Law, and the profession as a Storm-Walking Profession.</p> |
| first_indexed | 2024-09-25T04:07:04Z |
| format | Thesis |
| id | oxford-uuid:740240fd-3607-46a1-a545-eda027c4773f |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-09-25T04:07:04Z |
| publishDate | 2024 |
| record_format | dspace |
| spelling | oxford-uuid:740240fd-3607-46a1-a545-eda027c4773f2024-06-04T10:04:19ZA storm-walking profession: natural disaster lawyering for the 21st centuryThesishttp://purl.org/coar/resource_type/c_bdccuuid:740240fd-3607-46a1-a545-eda027c4773fCommissions of InquiryDisaster LawClimate changeNatural disastersEnglishHyrax Deposit2024Amiet-Knottenbelt, MFisher, E<p>This thesis asks whether making an Emergency Declaration during natural disasters, contained in the <em>National Emergency Declaration Act 2020</em> (Cth) (NEDA) is fit for purpose for dealing with increasing numbers of natural disasters owing to climate change. The NEDA will be analysed in the context of the law reform recommendations it was enacted to address, made by the Australian 2020 Royal Commission into National Natural Disaster Arrangements (Royal Commission).</p> <p>Chapter 1 outlines the principles of Australian statutory construction, and an Australian form of law reform research that utilises findings of Royal Commissions to discuss the operation of law. Chapter 2, outlines two law reform criteria from the Royal Commission, that will be used to assess if the NEDA is fit for purpose. This chapter concludes the NEDA meets the first criteria, as it applies to scientific projections of Australia’s natural disaster risk outlook. Whether the NEDA’s operation meets the second criteria and is a suitable response to this outlook is discussed in subsequent chapters.</p> <p>Chapter 3 analyses two main powers in the NEDA, the Declaration Power and Red-Tape Power (ss 11-15), which operate to vitiate legislative decision-making. Chapter 4 analyses how the NEDA operates to vitiate decision-making under the <em>Environment Protection and Biodiversity Conservation Act 1999</em> (Cth). Both of these chapters show the NEDA operates in a manner that treats natural disasters as disruptions to the function of law, and fails to enable legislative responses to natural disasters as the Royal Commission recommended.</p> <p>Chapter 5 discusses two responses to the missed law reform opportunity the NEDA represents to respond effectively to Australia’s natural disaster risk outlook. The first, is the NEDA could contain additional provisions to guide legislative decision-making during natural disasters. The second, is to describe this area as Storm Law, and the profession as a Storm-Walking Profession.</p> |
| spellingShingle | Commissions of Inquiry Disaster Law Climate change Natural disasters Amiet-Knottenbelt, M A storm-walking profession: natural disaster lawyering for the 21st century |
| title | A storm-walking profession: natural disaster lawyering for the 21st century |
| title_full | A storm-walking profession: natural disaster lawyering for the 21st century |
| title_fullStr | A storm-walking profession: natural disaster lawyering for the 21st century |
| title_full_unstemmed | A storm-walking profession: natural disaster lawyering for the 21st century |
| title_short | A storm-walking profession: natural disaster lawyering for the 21st century |
| title_sort | storm walking profession natural disaster lawyering for the 21st century |
| topic | Commissions of Inquiry Disaster Law Climate change Natural disasters |
| work_keys_str_mv | AT amietknottenbeltm astormwalkingprofessionnaturaldisasterlawyeringforthe21stcentury AT amietknottenbeltm stormwalkingprofessionnaturaldisasterlawyeringforthe21stcentury |