Whitbourn, Simon --- "National contingency planning" [2016] ELECD 1272; in Breau, C. Susan; Samuel, L.H. Katja (eds), "Research Handbook on Disasters and International Law" (Edward Elgar Publishing, 2016) 428

Book Title: Research Handbook on Disasters and International Law

Editor(s): Breau, C. Susan; Samuel, L.H. Katja

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784717391

Section: Chapter 20

Section Title: National contingency planning

Author(s): Whitbourn, Simon

Number of pages: 25

Abstract/Description:

This chapter examines the obligations upon states to ensure effective and comprehensive national contingency planning. It first considers the meaning of ‘national contingency planning’, explains its evolution through domestic law and draws on examples from national legislation to help identify the key elements of an effective national contingency planning framework. The chapter then explores existing international law obligations on states to plan for disasters, primarily found in a few multilateral, hazard-specific conventions and regional agreements, before considering recent developments – derived from human rights case law, declarations of international conferences and the work of the International Law Commission – which point towards the imposition of specific obligations to plan effectively for disaster. It argues that despite these developments gaps remain and that, without greater recognition at the international level of the importance of effective national contingency planning laws, the work to improve other aspects of disaster risk management could ultimately be wasted.