Law is acknowledged as playing an important role in the growing field of disaster resilience. Still, a detailed inquiry into the possible relationships between law and disaster resilience remains largely absent from the discourse. This paper explores how legal thinking, approaches, and instruments can act as 'tools' in altering the nature and conditions of disaster risks. It looks at how state institutions can wield them and non-state actors employ them to participate in processes of change. Moving beyond a resilience literature that has tended to focus on law in terms of statutes, regulations, and human rights, this paper examines the ways in which legal reasoning, procedure, and substantive law can be instrumentalised to resist shocks, provoke incremental adjustments, or even foment transformational shifts in underlying risk conditions. It concludes by suggesting that law can offer both a breadth of insights for reconceptualising how power influences resilience and a number of instruments for challenging these power structures.
Keywords: adaptation; class action; climate change; disaster; disaster risk management; disaster risk reduction; emergency power; human rights; law; litigation; regulatory action; resilience; rule of law; standing; statutory immunity; toolkit; torts; transformation.
© 2020 The Author Disasters © 2020 Overseas Development Institute.