Papers by Tommaso Natoli
Creating Resilient Futures: Integrating Disaster Risk Reduction, Sustainable Development Goals & Climate Change Adaptation Agendas , 2021
International law can play an important role in promoting national, regional and international ac... more International law can play an important role in promoting national, regional and international actions to tackle the human impacts of climate change and disasters. Of note, 2015 saw the adoption of three interconnected normative frameworks: the Sendai Framework for Disaster Risk Reduction 2015–2030, the Paris Agreement under the UN Framework Convention on Climate Change (UNFCCC), and the UN’s 2030 Agenda for Sustainable Development and the Sustainable Development Goals (SDGs). One may therefore be tempted to view this body of international norms, rules and standards as a comprehensive and unified system. Yet the increasing complexity and specialisation of different international legal regimes has led to concerns regarding a confusing fragmentation of international law. This chapter will therefore examine the relationship between the three topics of sustainable development, climate change adaptation (CCA) and disaster risk reduction (DRR) from a legal perspective. The chapter will co...
The Caribbean region is already experiencing the effects of climate change, and this is only expe... more The Caribbean region is already experiencing the effects of climate change, and this is only expected to worsen. The link between climate change and disaster risk has become abundantly clear for the small island developing states of this region, as their high-risk profile for disasters has been compounded by increasing ocean temperatures (leading to increased wind speeds in tropical storms) as well as increased frequency and intensity of the yearly hurricanes affecting the Atlantic and the Caribbean Sea.
Among the most affected small island Caribbean states, the Commonwealth of Dominica is fast becoming a global standard in improving resilience through legislation and governance. In 2017, the island was devastated by Hurricane Maria, a category 5 storm and one of the most destructive of the 10 consecutive hurricanes to hit the Caribbean during the hyperactive 2017 Atlantic hurricane season. This catastrophic event put every aspect of Dominica’s government, economy and society under strain, wiping out entire neighborhoods and crippling businesses and social services for months.
At the same time, the passage of hurricane Maria also provided the country with a unique opportunity to review its regulatory and infrastructure systems, with the integrated goal of advancing climate change adaptation and disaster risk reduction in a wider strategy to ensure sustainable socio-economic development. Since 2017, the country has made significant choices designed to have a long-term impact on its governance model, including the adoption of laws, strategies and plans, and the establishment of a Climate Resilience Execution Agency.
This study provides an in-depth analysis of such advancements with a specific focus on how integrated regulatory instruments across different sectors can enhance effective and consistent action. In doing so, it builds on previous reports drafted within the broader framework of the research project on “Leave No One Behind. Developing Climate-Smart/Disaster Risk Management Laws that Protect People in Vulnerable Situations for a Comprehensive Implementation of the UN Agenda 2030” which respectively addressed the intra-regional alignment to international frameworks by the Pacific Island Countries and the protection of vulnerable groups against climate and disaster risks in the Philippines.
work to improve humanitarian standards, as partners in development, and in response to disasters. We persuade decision-makers to act at all times in the interests of vulnerable people. The result: we enable healthy and safe communities, reduce vulnerabilities, strengthen resilience and foster a culture of peace around the world.
Within the broader framework of the research project on “Leave No One Behind. Developing Climate-... more Within the broader framework of the research project on “Leave No One Behind. Developing Climate-Smart/Disaster Risk Management Laws that Protect People in Vulnerable Situations for a Comprehensive Implementation of the UN Agenda 2030” – the present study is aimed to identify gaps and good practice drawing from findings and experiences collected in the Philippines, one of the most exposed countries in the world (see Section 1). In light of the fact that this country also has one of the most recognised and well-established cultures of climate and disaster risk governance, the present work assesses the current functioning of its normative and institutional systems in terms of CCA-DRR/M integration (see Section 2) as well as its impacts across different sectors of the population, including the most vulnerable categories of individuals in at-risk communities (see Section 3).
Finally, research findings and lessons learned (Section 4) will provide the basis for the development of a list of key recommendations (Section 5). Together with the results collected in other regions and countries (i.e. Pacific Island Countries, the Commonwealth of Dominica and Kenya), these will support the development of advocacy tools for the IFRC Disaster Law Programme, whose main objective is to globally advocate for new and more effective normative frameworks that protect the most vulnerable against major hazards. This will also reflect the Red Cross and Red Crescent Movement’s ambitions to address the climate crisis, which expressly include among its activities to “[a]dvise local and national governments in assessing and, as necessary, strengthening relevant disaster and climate-related laws and policies”.
WORLD DISASTERS REPORT 2020 COME HEAT OR HIGH WATER, 2021
In 2015, three main global instruments were adopted that set out roadmaps for climate-smart gover... more In 2015, three main global instruments were adopted that set out roadmaps for climate-smart governance: the Sustainable Development Goals (SDGs) as the heart of UN 2030 Agenda for Sustainable Development, the Paris Agreement and the Sendai Framework for Disaster Risk Reduction 2015–2030. But five years on, many countries have yet to implement these commitments in a coherent way, or get better at integrating their national and subnational laws, policies and systems.1 This is partly because the global frameworks were set up in parallel and with different structures – prompting a corresponding fragmentation at national level. Disasters do not fit neatly in a single sector (whether agriculture, urban planning or anything in between).
Recent events have shown that while governments and communities are responding to one disaster event, another may be just around the corner. A good example is the desert locust invasion, flooding and COVID-19 pandemic that simultaneously struck Eastern Africa in 2020. As Chapter 3 shows, disasters also spring from the factors that make communities vulnerable to extreme climate- and weather-related events, including the socioeconomic, cultural and ecological context.
An effective response – addressing both risks and vulnerabilities – will break long-standing institutional silos and reduce duplication of efforts to allow for
the connected and collective action called for in the climate crisis action plan (Chapter 4).
This chapter explores how existing risk governance structures are standing up to these challenges. It first identifies the main issues to address, and explores how the international community set the scene for necessary improvements. It then provides findings on regulatory and planning practice, showing how some countries are finding a path to coherence. Special focus is given on how to engage local actors and communities through integrated regulatory approaches. Finally, the conclusion discusses how these good practices are paving the way to further strengthen resilience of communities and systems through risk-informed and more integrated laws, policies and plans.
CCJHR Research Projects, 2020
Due to the variety of sources containing normative guidance on CCA and DRR, the following pages p... more Due to the variety of sources containing normative guidance on CCA and DRR, the following pages present a collection of excerpts from relevant global frameworks and instruments adopted by the international community from 2015 onwards, namely: the 2030 Agenda for Sustainable Development; the UNFCCC Paris Agreement on Climate Change; the Sendai Framework for Disaster Risk Reduction 2015-2030; and the 33rd Red Cross Red Crescent International Conference Resolution “Disaster laws and policies that leave no one behind.” Taken together as a coherent body of texts, these international commitments form the ‘Post-2015 Global Agenda on Climate-Risk Governance’. This Agenda has been identified as the primary tool of reference for the Research Project “Leave No One Behind – Developing Climate-Smart/Disaster Risk Management Laws that Protect People in Vulnerable Situations for a Comprehensive Implementation of the UN Agenda 2030”.
The project’s main aim is to investigate links, coherence and potential overlaps between the relevant normative instruments, with a specific focus on law and policy reform processes at national and sub-national level that protect the most vulnerable. A clear and consistent understanding of how the most relevant global frameworks relate one another and exert a combined influence on domestic regulatory and institutional systems is therefore instrumental for the accomplishment of this purpose.
IFRC - DLP Report, 2020
This report was developed by IRC-MSCA CAROLINE
research fellow Dr Tommaso Natoli (University
Coll... more This report was developed by IRC-MSCA CAROLINE
research fellow Dr Tommaso Natoli (University
College Cork—School of Law) in the course of his
secondment to the International Federation of Red
Cross and Red Crescent Societies (IFRC) Disaster
Law Programme. The report represents one of
the outputs of the research project “Leave No One
Behind—Developing Climate-Smart/Disaster Risk
Management Laws that Protect People in Vulnerable
Situations for a Comprehensive Implementation of
the UN Agenda 2030”.
The project builds on the need for more coherence
between climate change adaptation (CCA) and disaster
risk reduction (DRR), which is today considered as
part of the holistic approach to global governance
to be accomplished within the framework of the UN
Agenda 2030 and its centrepiece the Sustainable
Development Goals (SDGs). The basic connections
between CCA and DRR lie in their partly overlapping
goals, namely the reduction of losses due to
weather and climate-related hazards (including both
slow-onset and sudden events) and the improvement
of community resilience (i.e. their capacity to regain
equilibrium after critical system disruptions).1
The urgency of a greater CCA-DRR alignment has been
increasingly reflected in many relevant resolutions and reports adopted at the international level in the
last few years.2 The Checklist on Law and DRR developed
in 2015 by the IFRC and the UNDP stresses the
need “to foster a more integrated approach to DRR
by taking into account climate change and sustainable
development considerations within the review
of legislation”.3 Along these lines, a recent comparative
assessment of previous literature on the topic
(including scientific and technical analysis, research
projects and institutional reports)4 highlights that the
objective of achieving effective CCA-DRR integration
largely depends on the existence of a favourable
institutional and regulatory framework. However, the
lack of viable normative models and standards, and
empirical research on their impact at national and
sub-national levels, was one of the main findings of
the literature review.5
Given the above, the aim of the present study is
two-fold. On the theoretical level, it will contribute to
the advancement of thinking on achieving a sustainable
alignment of CCA and DRR, by exploring the role
of law and policy-making in Pacific Island Countries
(or PICs, see Box 1).6 In particular, the specific context
of PICs will be considered through the lens of
the intersecting commitments made in 2015 by the
international community, with specific regards to
the binding provisions of the Paris Agreement (in
particular article 7 on climate change adaptation) as
well as to the political endorsement of the Sendai
Framework for Disaster Risk Reduction 2015–2030
(with specific regards to its guiding principle 19 (e)
and para. 27). The overall linchpin of the analysis
will be the UN Agenda 2030, that acknowledges “the
essential role of national parliaments through their
enactment of legislation and adoption of budgets and
their role in ensuring accountability for the effective
implementation of our commitments”.7
On a more practical level, this report was developed
as a tool of reference for the institutional and operational
mandate of the International Federation of
Red Cross and Red Crescent Societies (IFRC) Disaster
Law Programme, i.e. to provide evidence-based
models for law and policy-makers and advocate for
new and more effective normative frameworks that
protect the most vulnerable against major hazards.8
This mandate was reiterated and expanded at the
33rd International Conference of the Red Cross and
Red Crescent Movement that took place in December
2019. As one of the Conference outcomes, participating
States and RCRC National Societies acknowledged
the need to “ensure an integrated approach to
disaster risk management and adaptation to climate
change” in domestic disaster laws, policies, strategies
and plans (see Box 2).
The complex, multi-faceted and evolving concept
of vulnerability against natural hazards in PICs represents
another recurrent theme of this study.9 The
special protection of vulnerable groups (see Box 4),
and their inclusion in the processes for drafting, adoption
and implementation of law and policy at both
national and sub-national levels, represents one of
the core elements of the following analysis, complementing
each of its sections. Hence, vulnerable
groups will not be considered merely as beneficiaries
of additional normative safeguards and protection,
and their effective inclusion as proactive stakeholders
and contributors to the development of new
law and policies dealing with climate resilience will
be assessed.
IFRC Literature Review , 2019
Resolutions and reports adopted at the international level in the last few years provide that a m... more Resolutions and reports adopted at the international level in the last few years provide that a more consistent and sustainable alignment between climate change adaptation (CCA) and disaster risk reduction (DRR) is today considered a global priority.
The Review offers a comprehensive and up-to-date overview of existing knowledge on the topic and looks into an array of potential avenues for solutions from the literature that could be relevant for law and policy at the national and sub-national level, as reported in the literature.
As commonly stated in the literature, the basic connection between CCA and DRR lies in the overarching goals of both sectors, namely reduction of losses due to climate-related hazards (including both slow-onset and extreme events) and the improvement of communities’ resilience (i.e. their capacity to regain equilibrium after critical system disruptions). In that perspective, several implementing actions could indistinguishably relate to DRR and CCA and can, therefore, be mutually beneficial.
Furthermore, both sectors can have direct and intertwined implications in the adoption of sustainable development measures, as well as in other fields of action (e.g. food security; reduction of social inequalities; protection of vulnerable groups; and safety of ecosystems). The two sectors also recognize that the impact of hydrometeorological and climate-related hazards is felt most intensely by the poorest and more marginalised sectors of populations. Further, the humanitarian “cost” of the lack of integrated and effective strategies to prevent climate-related disasters could almost double by 2050.
For all these reasons, the literature widely acknowledges that a comprehensive understanding of the two sectors within national and sub-national institutions, normative frameworks and implementation mechanisms would allow for: greater impact by law and policies; more efficient use of available resources (both human and material); and more effective action in reducing vulnerabilities.
Borders, Legal Spaces and Territories in Contemporary International Law. Within and Beyond, 2019
The aim of the chapter is to explore the role of the Council of Europe–European Court of Human Ri... more The aim of the chapter is to explore the role of the Council of Europe–European Court of Human Rights’ system in protecting fundamental rights in the digital age, with a focus on the activities conducted in—and through—the cyberspace. The chapter, which takes as its starting point the fact that the structural features of such intangible “space” pose a series of challenges to the operation of international law, and thus of international human rights law, is divided into two sections. First, the research addresses the institutional “activism” of the Council of Europe (CoE) in consolidating human rights protection online, mainly through the adoption of a specific set of (hard and soft law) instruments. Second, it reflects on the current trends of the European Court of Human Rights (ECtHR) case-law concerning public and private conducts online. A detailed analysis of the most relevant cases unveils that, following the CoE relevant policies, the Court has adopted an “analogical” methodology in applying provisions of the European Convention of Human Rights to the cyberspace without any prior reformulation. With specific regards to the right to privacy, freedom of expression and the right to inform/get informed, the consistency of this approach is thus tested. It results that, while in some cases the interests at stake have been respected, in other cases the “analogical” approach is unsuitable against the innovations of the digital world, showing the need for a reconfiguration of some of the Court’s previous assumptions. Conclusively, despite such diverging outcomes, the unique features of the CoE– ECtHR interaction as cutting-edge model are considered, together with its aim to be projected beyond its geographical borders.
Questions of International Law - QIL, 2018
Disasters are a commonplace phenomenon. According to data collected in the latest World Disaster ... more Disasters are a commonplace phenomenon. According to data collected in the latest World Disaster Report elaborated by the International Federation of Red Cross and Red Crescent Societies, in the decade 2006-2016 more than 771.000 deaths could be attributed to disasters, 2 billions of individuals were affected by such events and the material damage exceeded USD 1.5 trillion.[1] Notwithstanding such impressive data, legal analysis addressing disasters has been quite limited in comparison with other areas of international law, largely due to a fragmented legal framework, usually depicted along the following lines: as international law has managed this topic ‘in a confused and uncoordinated manner’,[2] the result is ‘a rather scattered and heterogeneous collection of instruments’.[3] Furthermore, within this area of law a predominant role has been assumed by instruments (and legal analysis) addressing specific phases of the so-called ‘cycles of a disaster’,[4] namely relief and recovery, while little attention has been paid to legal implications of disaster risk reduction (DRR),[5] ie the prevention and preparedness phases. Indeed, also from a historical perspective, DRR might be qualified as a sort of ‘second generation’ within international disaster law, whose legal ramifications and implications are still to be fully explored.
Gli eventi che nel gennaio 2015 hanno colpito al cuore la città Parigi, e con lei la Francia e l’... more Gli eventi che nel gennaio 2015 hanno colpito al cuore la città Parigi, e con lei la Francia e l’Europa intera, hanno rappresentato un passaggio di rilievo nella dinamica evolutiva dell’azione terroristica di matrice islamica. Per la prima volta, infatti, si è preso atto del fatto che la strategia dei loups solitaires – l’azione di pochi individui dotati di armi leggere, condotta al di fuori di una struttura di comando ma ispirati da una rete ideologica e organizzativa trans-nazionale – era in grado di eludere i sistemi di sicurezza di un paese occidentale, provocare un alto numero di vittime, e diffondere tra la popolazione un clima di terrore e di insicurezza in misura uguale (se non maggiore) agli attentati realizzati tramite l’utilizzo di ordigni esplosivi. L’attacco alla redazione del giornale satirico Charlie Hebdo, la successiva presa di ostaggi nel supermercato kosher di Porte de Vincennes e gli altri avvenimenti correlati, hanno portato complessivamente alla morte di 20 persone – tra cui gli stessi attentatori – divenendo così il più grave attentato realizzato in territorio francese dopo quello del 1961 da parte dell'Organisation armée secrète nel corso della guerra d'Algeria, che provocò 28 vittime.Nondimeno, i pericoli legati all’azione di individui isolati erano già emersi nel corso degli ultimi anni, con riferimento alla sortita omicida di Mohamed Merah a Tolosa e Montauban nel marzo 2012, e all’affaire Mehdi Nemmouche, sospettato di essere l’autore della strage del Museo ebraico di Bruxelles del maggio 2014. I fenomeni di radicalizzazione violenta, di indottrinamento, e di “chiamata alle armi”, frutto anche delle nuove strategie comunicative delle organizzazioni terroristiche di matrice islamica, si erano quindi intensificati in maniera considerevole già prima degli eventi di Parigi.La Francia multietnica e “assimilazionista” prendeva così atto dell’esistenza di importanti défaillances del suo modello di integrazione, già in discussione per l’alto tasso di conflittualità registratosi sul piano politico e sociale nel corso dell’ultimo decennio. Di certo, la République non poteva più considerarsi al riparo dalle nuove forme di violenza scientemente ingenerate dai vertici delle principali sigle del terrore, anche grazie al potere attrattivo che gli avvenimenti in corso in Iraq e Siria - in primis la nascita dello “Stato islamico” come una nuova patria-simbolo in nome della quale immolarsi - erano in grado di esercitare sulle schiere di giovani francesi, e in particolare sulle seconde e terze generazioni di immigrati.
Salito agli onori della cronaca sul finire dell'estate del 2014, quello che oggi è unanimemente r... more Salito agli onori della cronaca sul finire dell'estate del 2014, quello che oggi è unanimemente ritenuto come uno dei più gravi disastri sanitari dell'epoca contemporanea, l'epidemia di Ebola in Africa occidentale, aveva fatto registrare il suo primo focolaio già nel dicembre del 2013 in Guinea. Tuttavia, la gravità e le dimensioni del fenomeno sono state riconosciute ufficialmente solo l'8 agosto scorso quando, durante una riunione del Comitato di emergenza dell'Organizzazione Mondiale della Sanità (OMS), la situazione è stata formalmente definita come una Public Health Emergency of International Concern (PHEIC), categoria giuridica che -in base alle International Health Regulations del 2005 -consente di invocare misure di prevenzione, monitoraggio e risposta da parte di tutti gli Stati membri.
Sommario: 1. Introduzione: la Rete come risorsa strategica globale; 2. Profili descrittivi dell'a... more Sommario: 1. Introduzione: la Rete come risorsa strategica globale; 2. Profili descrittivi dell'attuale regime di Internet governance; 3. Aspetti critici dell'attuale sistema di Internet governance; 4. Il dibattito in seno alla Comunità internazionale e principali proposte di riforma; 4.1. La World Conference on International Telecommunication del 2012; 4.1.1. La Risoluzione numero 3; 5. Conclusioni: l'inizio della Digital Cold War.
Tommaso Natoli -Doctorant de recherche, Université 'Sapienza' de Rome L'harmonisation des législa... more Tommaso Natoli -Doctorant de recherche, Université 'Sapienza' de Rome L'harmonisation des législations nationales selon des modèles internationaux de réglementation: le programme du droit relatif aux catastrophes de la Fédération Internationale des Sociétés de la Croix-Rouge et du Croissant-Rouge. Résumé Les catastrophes naturelles sont en augmentation dans le monde entier, frappant des nouveaux endroits, ayant un plus grand impact, et affligeant les communautés humaines comme jamais auparavant. La Fédération Internationale de la Croix-Rouge et du Croissant-Rouge (FICR) est l'une des principales institutions humanitaires opérant dans le domaine des secours en réponse aux urgences humanitaires à grande échelle. Depuis sa fondation, ses principaux domaines de recherche et d'intervention ont inclus les questions liées à la préparation et à la réponse internationale aux catastrophes.
Conference Presentations by Tommaso Natoli
Incontro di studio fra giovani cultori delle materie internazionalistiche XIII Edizione Frontiere... more Incontro di studio fra giovani cultori delle materie internazionalistiche XIII Edizione Frontiere, spazi giuridici e territorio Roma, 11-12 maggio 2017 Organizzazione scientifica Tommaso Natoli, assegnista di ricerca in diritto internazionale, Dipartimento di Giurisprudenza, Università degli Studi Roma Tre ([email protected]) Alice Riccardi, assegnista di ricerca in diritto internazionale, Dipartimento di Giurisprudenza, Università degli Studi Roma Tre ([email protected])
Books by Tommaso Natoli
Borders, Legal Spaces and Territories in Contemporary International Law. Within and Beyond (2019, Springer), 2019
This book examines the challenges posed to contemporary international law by the shifting role of... more This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States’ boundaries: indeed, while remaining a fundamental tool for asserting States’ power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens “within” borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States’ and international organisations’ powers and prerogatives across or “beyond” borders.
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Papers by Tommaso Natoli
Among the most affected small island Caribbean states, the Commonwealth of Dominica is fast becoming a global standard in improving resilience through legislation and governance. In 2017, the island was devastated by Hurricane Maria, a category 5 storm and one of the most destructive of the 10 consecutive hurricanes to hit the Caribbean during the hyperactive 2017 Atlantic hurricane season. This catastrophic event put every aspect of Dominica’s government, economy and society under strain, wiping out entire neighborhoods and crippling businesses and social services for months.
At the same time, the passage of hurricane Maria also provided the country with a unique opportunity to review its regulatory and infrastructure systems, with the integrated goal of advancing climate change adaptation and disaster risk reduction in a wider strategy to ensure sustainable socio-economic development. Since 2017, the country has made significant choices designed to have a long-term impact on its governance model, including the adoption of laws, strategies and plans, and the establishment of a Climate Resilience Execution Agency.
This study provides an in-depth analysis of such advancements with a specific focus on how integrated regulatory instruments across different sectors can enhance effective and consistent action. In doing so, it builds on previous reports drafted within the broader framework of the research project on “Leave No One Behind. Developing Climate-Smart/Disaster Risk Management Laws that Protect People in Vulnerable Situations for a Comprehensive Implementation of the UN Agenda 2030” which respectively addressed the intra-regional alignment to international frameworks by the Pacific Island Countries and the protection of vulnerable groups against climate and disaster risks in the Philippines.
work to improve humanitarian standards, as partners in development, and in response to disasters. We persuade decision-makers to act at all times in the interests of vulnerable people. The result: we enable healthy and safe communities, reduce vulnerabilities, strengthen resilience and foster a culture of peace around the world.
Finally, research findings and lessons learned (Section 4) will provide the basis for the development of a list of key recommendations (Section 5). Together with the results collected in other regions and countries (i.e. Pacific Island Countries, the Commonwealth of Dominica and Kenya), these will support the development of advocacy tools for the IFRC Disaster Law Programme, whose main objective is to globally advocate for new and more effective normative frameworks that protect the most vulnerable against major hazards. This will also reflect the Red Cross and Red Crescent Movement’s ambitions to address the climate crisis, which expressly include among its activities to “[a]dvise local and national governments in assessing and, as necessary, strengthening relevant disaster and climate-related laws and policies”.
Recent events have shown that while governments and communities are responding to one disaster event, another may be just around the corner. A good example is the desert locust invasion, flooding and COVID-19 pandemic that simultaneously struck Eastern Africa in 2020. As Chapter 3 shows, disasters also spring from the factors that make communities vulnerable to extreme climate- and weather-related events, including the socioeconomic, cultural and ecological context.
An effective response – addressing both risks and vulnerabilities – will break long-standing institutional silos and reduce duplication of efforts to allow for
the connected and collective action called for in the climate crisis action plan (Chapter 4).
This chapter explores how existing risk governance structures are standing up to these challenges. It first identifies the main issues to address, and explores how the international community set the scene for necessary improvements. It then provides findings on regulatory and planning practice, showing how some countries are finding a path to coherence. Special focus is given on how to engage local actors and communities through integrated regulatory approaches. Finally, the conclusion discusses how these good practices are paving the way to further strengthen resilience of communities and systems through risk-informed and more integrated laws, policies and plans.
The project’s main aim is to investigate links, coherence and potential overlaps between the relevant normative instruments, with a specific focus on law and policy reform processes at national and sub-national level that protect the most vulnerable. A clear and consistent understanding of how the most relevant global frameworks relate one another and exert a combined influence on domestic regulatory and institutional systems is therefore instrumental for the accomplishment of this purpose.
research fellow Dr Tommaso Natoli (University
College Cork—School of Law) in the course of his
secondment to the International Federation of Red
Cross and Red Crescent Societies (IFRC) Disaster
Law Programme. The report represents one of
the outputs of the research project “Leave No One
Behind—Developing Climate-Smart/Disaster Risk
Management Laws that Protect People in Vulnerable
Situations for a Comprehensive Implementation of
the UN Agenda 2030”.
The project builds on the need for more coherence
between climate change adaptation (CCA) and disaster
risk reduction (DRR), which is today considered as
part of the holistic approach to global governance
to be accomplished within the framework of the UN
Agenda 2030 and its centrepiece the Sustainable
Development Goals (SDGs). The basic connections
between CCA and DRR lie in their partly overlapping
goals, namely the reduction of losses due to
weather and climate-related hazards (including both
slow-onset and sudden events) and the improvement
of community resilience (i.e. their capacity to regain
equilibrium after critical system disruptions).1
The urgency of a greater CCA-DRR alignment has been
increasingly reflected in many relevant resolutions and reports adopted at the international level in the
last few years.2 The Checklist on Law and DRR developed
in 2015 by the IFRC and the UNDP stresses the
need “to foster a more integrated approach to DRR
by taking into account climate change and sustainable
development considerations within the review
of legislation”.3 Along these lines, a recent comparative
assessment of previous literature on the topic
(including scientific and technical analysis, research
projects and institutional reports)4 highlights that the
objective of achieving effective CCA-DRR integration
largely depends on the existence of a favourable
institutional and regulatory framework. However, the
lack of viable normative models and standards, and
empirical research on their impact at national and
sub-national levels, was one of the main findings of
the literature review.5
Given the above, the aim of the present study is
two-fold. On the theoretical level, it will contribute to
the advancement of thinking on achieving a sustainable
alignment of CCA and DRR, by exploring the role
of law and policy-making in Pacific Island Countries
(or PICs, see Box 1).6 In particular, the specific context
of PICs will be considered through the lens of
the intersecting commitments made in 2015 by the
international community, with specific regards to
the binding provisions of the Paris Agreement (in
particular article 7 on climate change adaptation) as
well as to the political endorsement of the Sendai
Framework for Disaster Risk Reduction 2015–2030
(with specific regards to its guiding principle 19 (e)
and para. 27). The overall linchpin of the analysis
will be the UN Agenda 2030, that acknowledges “the
essential role of national parliaments through their
enactment of legislation and adoption of budgets and
their role in ensuring accountability for the effective
implementation of our commitments”.7
On a more practical level, this report was developed
as a tool of reference for the institutional and operational
mandate of the International Federation of
Red Cross and Red Crescent Societies (IFRC) Disaster
Law Programme, i.e. to provide evidence-based
models for law and policy-makers and advocate for
new and more effective normative frameworks that
protect the most vulnerable against major hazards.8
This mandate was reiterated and expanded at the
33rd International Conference of the Red Cross and
Red Crescent Movement that took place in December
2019. As one of the Conference outcomes, participating
States and RCRC National Societies acknowledged
the need to “ensure an integrated approach to
disaster risk management and adaptation to climate
change” in domestic disaster laws, policies, strategies
and plans (see Box 2).
The complex, multi-faceted and evolving concept
of vulnerability against natural hazards in PICs represents
another recurrent theme of this study.9 The
special protection of vulnerable groups (see Box 4),
and their inclusion in the processes for drafting, adoption
and implementation of law and policy at both
national and sub-national levels, represents one of
the core elements of the following analysis, complementing
each of its sections. Hence, vulnerable
groups will not be considered merely as beneficiaries
of additional normative safeguards and protection,
and their effective inclusion as proactive stakeholders
and contributors to the development of new
law and policies dealing with climate resilience will
be assessed.
The Review offers a comprehensive and up-to-date overview of existing knowledge on the topic and looks into an array of potential avenues for solutions from the literature that could be relevant for law and policy at the national and sub-national level, as reported in the literature.
As commonly stated in the literature, the basic connection between CCA and DRR lies in the overarching goals of both sectors, namely reduction of losses due to climate-related hazards (including both slow-onset and extreme events) and the improvement of communities’ resilience (i.e. their capacity to regain equilibrium after critical system disruptions). In that perspective, several implementing actions could indistinguishably relate to DRR and CCA and can, therefore, be mutually beneficial.
Furthermore, both sectors can have direct and intertwined implications in the adoption of sustainable development measures, as well as in other fields of action (e.g. food security; reduction of social inequalities; protection of vulnerable groups; and safety of ecosystems). The two sectors also recognize that the impact of hydrometeorological and climate-related hazards is felt most intensely by the poorest and more marginalised sectors of populations. Further, the humanitarian “cost” of the lack of integrated and effective strategies to prevent climate-related disasters could almost double by 2050.
For all these reasons, the literature widely acknowledges that a comprehensive understanding of the two sectors within national and sub-national institutions, normative frameworks and implementation mechanisms would allow for: greater impact by law and policies; more efficient use of available resources (both human and material); and more effective action in reducing vulnerabilities.
Conference Presentations by Tommaso Natoli
Books by Tommaso Natoli
Among the most affected small island Caribbean states, the Commonwealth of Dominica is fast becoming a global standard in improving resilience through legislation and governance. In 2017, the island was devastated by Hurricane Maria, a category 5 storm and one of the most destructive of the 10 consecutive hurricanes to hit the Caribbean during the hyperactive 2017 Atlantic hurricane season. This catastrophic event put every aspect of Dominica’s government, economy and society under strain, wiping out entire neighborhoods and crippling businesses and social services for months.
At the same time, the passage of hurricane Maria also provided the country with a unique opportunity to review its regulatory and infrastructure systems, with the integrated goal of advancing climate change adaptation and disaster risk reduction in a wider strategy to ensure sustainable socio-economic development. Since 2017, the country has made significant choices designed to have a long-term impact on its governance model, including the adoption of laws, strategies and plans, and the establishment of a Climate Resilience Execution Agency.
This study provides an in-depth analysis of such advancements with a specific focus on how integrated regulatory instruments across different sectors can enhance effective and consistent action. In doing so, it builds on previous reports drafted within the broader framework of the research project on “Leave No One Behind. Developing Climate-Smart/Disaster Risk Management Laws that Protect People in Vulnerable Situations for a Comprehensive Implementation of the UN Agenda 2030” which respectively addressed the intra-regional alignment to international frameworks by the Pacific Island Countries and the protection of vulnerable groups against climate and disaster risks in the Philippines.
work to improve humanitarian standards, as partners in development, and in response to disasters. We persuade decision-makers to act at all times in the interests of vulnerable people. The result: we enable healthy and safe communities, reduce vulnerabilities, strengthen resilience and foster a culture of peace around the world.
Finally, research findings and lessons learned (Section 4) will provide the basis for the development of a list of key recommendations (Section 5). Together with the results collected in other regions and countries (i.e. Pacific Island Countries, the Commonwealth of Dominica and Kenya), these will support the development of advocacy tools for the IFRC Disaster Law Programme, whose main objective is to globally advocate for new and more effective normative frameworks that protect the most vulnerable against major hazards. This will also reflect the Red Cross and Red Crescent Movement’s ambitions to address the climate crisis, which expressly include among its activities to “[a]dvise local and national governments in assessing and, as necessary, strengthening relevant disaster and climate-related laws and policies”.
Recent events have shown that while governments and communities are responding to one disaster event, another may be just around the corner. A good example is the desert locust invasion, flooding and COVID-19 pandemic that simultaneously struck Eastern Africa in 2020. As Chapter 3 shows, disasters also spring from the factors that make communities vulnerable to extreme climate- and weather-related events, including the socioeconomic, cultural and ecological context.
An effective response – addressing both risks and vulnerabilities – will break long-standing institutional silos and reduce duplication of efforts to allow for
the connected and collective action called for in the climate crisis action plan (Chapter 4).
This chapter explores how existing risk governance structures are standing up to these challenges. It first identifies the main issues to address, and explores how the international community set the scene for necessary improvements. It then provides findings on regulatory and planning practice, showing how some countries are finding a path to coherence. Special focus is given on how to engage local actors and communities through integrated regulatory approaches. Finally, the conclusion discusses how these good practices are paving the way to further strengthen resilience of communities and systems through risk-informed and more integrated laws, policies and plans.
The project’s main aim is to investigate links, coherence and potential overlaps between the relevant normative instruments, with a specific focus on law and policy reform processes at national and sub-national level that protect the most vulnerable. A clear and consistent understanding of how the most relevant global frameworks relate one another and exert a combined influence on domestic regulatory and institutional systems is therefore instrumental for the accomplishment of this purpose.
research fellow Dr Tommaso Natoli (University
College Cork—School of Law) in the course of his
secondment to the International Federation of Red
Cross and Red Crescent Societies (IFRC) Disaster
Law Programme. The report represents one of
the outputs of the research project “Leave No One
Behind—Developing Climate-Smart/Disaster Risk
Management Laws that Protect People in Vulnerable
Situations for a Comprehensive Implementation of
the UN Agenda 2030”.
The project builds on the need for more coherence
between climate change adaptation (CCA) and disaster
risk reduction (DRR), which is today considered as
part of the holistic approach to global governance
to be accomplished within the framework of the UN
Agenda 2030 and its centrepiece the Sustainable
Development Goals (SDGs). The basic connections
between CCA and DRR lie in their partly overlapping
goals, namely the reduction of losses due to
weather and climate-related hazards (including both
slow-onset and sudden events) and the improvement
of community resilience (i.e. their capacity to regain
equilibrium after critical system disruptions).1
The urgency of a greater CCA-DRR alignment has been
increasingly reflected in many relevant resolutions and reports adopted at the international level in the
last few years.2 The Checklist on Law and DRR developed
in 2015 by the IFRC and the UNDP stresses the
need “to foster a more integrated approach to DRR
by taking into account climate change and sustainable
development considerations within the review
of legislation”.3 Along these lines, a recent comparative
assessment of previous literature on the topic
(including scientific and technical analysis, research
projects and institutional reports)4 highlights that the
objective of achieving effective CCA-DRR integration
largely depends on the existence of a favourable
institutional and regulatory framework. However, the
lack of viable normative models and standards, and
empirical research on their impact at national and
sub-national levels, was one of the main findings of
the literature review.5
Given the above, the aim of the present study is
two-fold. On the theoretical level, it will contribute to
the advancement of thinking on achieving a sustainable
alignment of CCA and DRR, by exploring the role
of law and policy-making in Pacific Island Countries
(or PICs, see Box 1).6 In particular, the specific context
of PICs will be considered through the lens of
the intersecting commitments made in 2015 by the
international community, with specific regards to
the binding provisions of the Paris Agreement (in
particular article 7 on climate change adaptation) as
well as to the political endorsement of the Sendai
Framework for Disaster Risk Reduction 2015–2030
(with specific regards to its guiding principle 19 (e)
and para. 27). The overall linchpin of the analysis
will be the UN Agenda 2030, that acknowledges “the
essential role of national parliaments through their
enactment of legislation and adoption of budgets and
their role in ensuring accountability for the effective
implementation of our commitments”.7
On a more practical level, this report was developed
as a tool of reference for the institutional and operational
mandate of the International Federation of
Red Cross and Red Crescent Societies (IFRC) Disaster
Law Programme, i.e. to provide evidence-based
models for law and policy-makers and advocate for
new and more effective normative frameworks that
protect the most vulnerable against major hazards.8
This mandate was reiterated and expanded at the
33rd International Conference of the Red Cross and
Red Crescent Movement that took place in December
2019. As one of the Conference outcomes, participating
States and RCRC National Societies acknowledged
the need to “ensure an integrated approach to
disaster risk management and adaptation to climate
change” in domestic disaster laws, policies, strategies
and plans (see Box 2).
The complex, multi-faceted and evolving concept
of vulnerability against natural hazards in PICs represents
another recurrent theme of this study.9 The
special protection of vulnerable groups (see Box 4),
and their inclusion in the processes for drafting, adoption
and implementation of law and policy at both
national and sub-national levels, represents one of
the core elements of the following analysis, complementing
each of its sections. Hence, vulnerable
groups will not be considered merely as beneficiaries
of additional normative safeguards and protection,
and their effective inclusion as proactive stakeholders
and contributors to the development of new
law and policies dealing with climate resilience will
be assessed.
The Review offers a comprehensive and up-to-date overview of existing knowledge on the topic and looks into an array of potential avenues for solutions from the literature that could be relevant for law and policy at the national and sub-national level, as reported in the literature.
As commonly stated in the literature, the basic connection between CCA and DRR lies in the overarching goals of both sectors, namely reduction of losses due to climate-related hazards (including both slow-onset and extreme events) and the improvement of communities’ resilience (i.e. their capacity to regain equilibrium after critical system disruptions). In that perspective, several implementing actions could indistinguishably relate to DRR and CCA and can, therefore, be mutually beneficial.
Furthermore, both sectors can have direct and intertwined implications in the adoption of sustainable development measures, as well as in other fields of action (e.g. food security; reduction of social inequalities; protection of vulnerable groups; and safety of ecosystems). The two sectors also recognize that the impact of hydrometeorological and climate-related hazards is felt most intensely by the poorest and more marginalised sectors of populations. Further, the humanitarian “cost” of the lack of integrated and effective strategies to prevent climate-related disasters could almost double by 2050.
For all these reasons, the literature widely acknowledges that a comprehensive understanding of the two sectors within national and sub-national institutions, normative frameworks and implementation mechanisms would allow for: greater impact by law and policies; more efficient use of available resources (both human and material); and more effective action in reducing vulnerabilities.